Indigent Defense Services Agreement

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AGREEMENT FOR KITTITAS COUNTY UPPER DISTRICT COURT INDIGENT DEFENSE SERVICES (2019) This agreement is entered into by and between the County of Kittitas (Co unty) and Marjorie D . Alumbaugh (Contracting Attorney, WSBA #44091 ). 1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, public defender services for all eligible indigent criminal defendants in cases filed in the Upper Kittitas County District Court (Court) as set forth in this agreement. The Contracting Attorney or other assigned counsel shall provide legal representation for each assigned defendant from the time ofreceiving notice of appointment through every stage of the legal proceedings at the district court le vel including sentencing and the processing of notices of appeal and motions for orders of indigence for direct appeals. The Contracting Attorney shall pro vi de legal representation for review hearings (e.g. probation review hearings) when appointed for that purpose. The Contracting Attorney shall also provide legal representation for the arraignment calendars held on Mondays at 9 :00 am. All cases assigned to the Contracting Attorney as of the date of termination of this contract for which the next set hearing date is within 45 days after such date of termination will be handled as set forth abo ve; provided , that in any case where the client fails to appear for a trial or hearing after termination of the contract, the Contracting Attorney may withdraw from representatio n subject to order of the court and thereafter the Contracting Attorney shall have no obligation herein to represent the client or accept reappointmen t thereafter. 2. Attorney as Independent Contractor. The parties recognize and affirm the understanding that the Attorney is an independent contractor having no relationship to the County except to provide professional legal defense services to the persons officially assigned to the Attorney pursuant to this Contract. either the Attorney nor any employee of the Attorney is an employee of the County. either the Attorney nor any employee of the Attorney is entitled to any benefits that the County provides its employees. The Attorney will provide the Court Administrator with proof of a valid Washington Uniform Business Identification number before commencement of work. The Attorney is solely responsible for the timely payment of any taxes, assessments, statutory workers compensation, or employer's liability insurance as required by Federal or state law for the Attorney and any employees of the Attorney. The Attorney guarantees such payment and will in demni fy the County in that regard . 3. Applicant Screening. Determination of lndigence for purposes of eligibility for appointed counsel under this contract shall be made by a screening process established by the Court. Counsel is under no obligation to determine -a person's eligibility or continuing eligibility to Page 1 of6