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Home My WebLink AboutAgreement Indigent DefenseAGREEMENT FOR KITTITAS COUNTY UPPER DISTRICT COURT INDIGENT DEFENSE SERVICES (2020) This agreement is entered into by and between the County of Kittitas (County) 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 of receiving notice of appointment through every stage of the legal proceedings at the district court level including sentencing and the processing of notices of appeal and motions for orders of indigence for direct appeals. The Contracting Attorney shall provide 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 above; 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 representation subject to order of the court and thereafter the Contracting Attorney shall have no obligation herein to represent the client or accept reappointment 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. Neither the Attorney nor any employee of the Attorney is an employee of the County. Neither 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 indemnify the County in that regard. 3. Applicant Screening. Determination of Indigence 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 receive publicly provided representation. However, if counsel subsequently discovers that such person may not be eligible to receive publicly-provided representation under applicable laws, rules and standards, Counsel, if able to do so within the bounds of applicable ethical rules/ professional standards, shall promptly notify the appointing court of such possibility. 4. Associated Counsel. Any counsel associated with or employed by the Contracting Attorney shall have the authority to perform the services called for herein, and the Contracting Attorney may employ and/or associate counsel to assist her. The Contracting Attorney and all counsel employed or associated pursuant to this section shall be admitted to the practice oflaw in the State of Washington and be in good standing as such, shall comply with CrRLJ 3.1 Standards for Indigent Defense 14.1 and 14.2, and shall have a minimum of five years' experience in the criminal law legal field (defense attorney and/or prosecutor and/or judicial). The Contracting Attorney shall be responsible for performance of this Agreement notwithstanding that other counsel may be employed or associated by the Contracting Attorney to perform services herein. The Contracting Attorney shall notify the Court of any proposed association or employment of counsel for purposes of performing the services called herein, and shall include in such notification information regarding the background, education, training, experience and qualifications of such counsel, and any additional training and supervision that is proposed to be provided to such associated or employed counsel for purposes of performing the services called for herein. The Contracting Attorney's selection of any counsel associated with or employed by the attorney to perform the services described in this contract shall be subject to the approval of the Court. 5. Training. Attorneys providing public defense services shall complete seven hours of continuing legal education approved by the Washington State Office of Public Defense within each calendar year in courses relating to their public defense practice. (RCW 10.101.050; CrRLJ 3.1 Standards) Attorneys providing public defense services shall comply with all applicable standards, training and/or certification requirements as may be required by court rule or regulations and shall provide written proof of such compliance to the court. 6. Certification. Attorneys providing public defense services shall comply with the Standards for Indigent Defense adopted by the Supreme Court. Each attorney shall provide a Certification of Compliance with the applicable standards as required by CrRLJ 3.1 which shall be filed with the Upper District Court administrator on the last Monday of each January, April, July, and October by the Contracting Attorney and any associated or employed attorney providing legal defense in Upper District Court under this agreement. The certification shall also include caseload reporting by the attorney consistent with the requirements imposed upon the County by RCW 10.101.050. 7. Liability of Contracting Parties, Attorney as Independent Contractor. Each party to this agreement shall be responsible for the negligent acts or omissions of its own employees, officers Page 2 of6 or agents in the performance of this agreement. Neither party shall be considered the agent of the other nor does neither party assume any responsibility to the other party for the consequences of any act or omission of any party, firm or corporation not a party to this agreement. 8. Proof of Professional Liability Insurance. The Contracting Attorney shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the COUNTY should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor or agents of either, while performing under the terms of this contract. During the term of this agreement or extensions thereof, any attorney providing services under this contract shall secure and maintain at her own expense a policy of comprehensive professional liability insurance with an insurance company licensed to do business in the State of Washington, and shall name the COUNTY, its agents and employees, as additional insureds under the insurance policy(s). All policies shall be primary to any other valid and collectable insurance. CONTRACTOR shall instruct the insurers to give COUNTY 30-days advance notice of any insurance cancellation. Said policy shall have limits of not less than $100,000 per occurrence and $500,000 annual, aggregate limit. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the amount required, is attached hereto. No contract shall form until and unless a copy of the certificate of insurance has been attached hereto. 9. Indemnification. The Contracting Attorney shall indemnify, defend and hold the County, its elected officials, officers and employees harmless from any and all claims whatsoever arising out of performance of the Attorney's obligations pursuant to the Agreement, including but not limited to claims arising out of errors or omissions of the contracting Attorney ( or his employees or associates) and/or by reason of accident, injury or death caused to persons or property of any kind occurring, except to the extent they are caused by the fault or neglect of the County or the Court. 10. Term of Agreement. Provision of services pursuant to this Agreement shall commence January 1, 2020 and terminate on December 31, 2020, unless this Agreement is terminated earlier pursuant to the provisions of Paragraph 22, and the Contracting Attorney shall provide service to all defendants referred herein in accordance with the terms of this Agreement until representation of such defendant is complete, as provided in Paragraph 1 of this Agreement. This Agreement shall apply to all referrals made through December 31, 2020, unless the contract is terminated earlier, in which case the contract shall apply to all referrals made until 5:00 p.m. on the date of termination of the contract. l l. Caseload Standards. The caseload limits set forth in this agreement include a case weighting system for establishing caseloads, a copy of which is attached hereto and incorporated by reference. Over the course of any 365-day period the Contracting Attorney (and any associated Page 3 of6 or employed counsel) shall not handle a caseload of more than 300 cases as weighted, or an average number of25 per month. 12. Compensation for Assigned Cases. The Contracting Attorney shall be paid shall be paid as follows: • ew Appointment-: $300 for all new Gross Misdemeanor cases $275 for all new Misdemeanor cases. • Probation iolatior review cases shall be paid at $200. • Jurv Trial : Shall be paid $325 per diem for Jury Trial. Attorney billing statements for assigned cases shall include the defendant's name, all charges, and affiliated case number(s) that were assigned by the court for the defendant. 13. Compensation for Arraignment and First Appearance Calendars. The Contracting Attorney or any associate or employed attorney shall be paid $250.00 for each Monday morning arraignment calendar at 9:00 a.m. Attorney billing statements for Arraignment will include the date and docket time of the attorney's appearance in court along with the monetary billing amount associated with that docket. 14. Policy as it refers to appointments: • After court hearings with disposition (with the exception of SOPs/DPs/or Warrants) the Court will automatically withdraw the attorney from the case upon the filing of a notice of appeal or 30 days after the final (appealable) decision of the Court, as the case may be. Attorney does not need to sign a withdrawal. • On SOP/DPs-CAA may submit a motion to withdraw from the matter. If CAA withdraws from the case and the case is subsequently set for a probation review hearing, attorney may bill $200.00 for the probation appointment. On cases where a warrant is ordered-CAA may submit a motion to withdraw from the matter. If CAA is subsequently reappointed, within 18 months of withdrawal, no additional billing may be submitted. If subsequently reappointed 18 months or longer after withdrawal, attorney may bill $300/$275 for case if prior to disposition status or $200.00 for case at probation hearing status. 15. Investigators. The court will set aside sufficient funds out of its public defender budget to fund defense investigators. Public Defenders may file ex parte motions for such investigator funds. 16. Experts. The court will set aside sufficient funds for expert defense witnesses. Public Defenders may file ex parte motions for such expert witness funds. Page 4 of6 17. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary amount of time and preparation, the following additional payment may be applied for: $75 per hour for each hour over ten (10) hours. 18. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the contracting attorney . If the Contracting Attorney or any employed or associated attorney is precluded from representing a client because of a conflict which cannot be resolved by transfer of the case between the Contracting Attorney and employed or associated counsel, the attorney shall promptly notify the Court by notice of withdrawal and substitution of another attorney qualified under the terms of Paragraph 3. Conflict counsel shall be paid at the same per case compensation rate as the Contracting Attorney. 19. Termination. a. For Cause: Either party may terminate this Agreement immediately in the event the other party fails to perform its obligations as described in this Agreement and such failure has not been corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Compensation for cases assigned prior to the effective day of termination shall be as provided under this Agreement. b. Fo r Rea ons Beyond th e P artie • nlro l: Either party may terminate this Agreement immediately without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's control, including but not limited to acts of nature, war,.riot, personal disability or superior governmental regulation or control. c. Witho ut Cau e: Either party may terminate this Agreement without cause upon 90 days written notice, which date of termination shall correspond to the last day of a calendar month. The contracting attorney shall be responsible for completion of cases assigned prior to the effective date of termination. 20. Amendments. No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by the authorized representative of the parties hereto. 21. Nondiscrimination. Contracting Attorney shall not discriminate or tolerate harassment on the basis of race , color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the administration or delivery of public defense services. Counsel shall comply with all federal, state, and local non-discrimination requirements. 22. Physical Office/Communications and Support Staff. The Contracting Attorney will maintain a physical office or have access to an office that accommodates confidential meeting with clients; maintain a postal address and adequate telephone service to ensure prompt response to client contact, and will provide sufficient support staff to provide for effective assistance of counsel. Page 5 of6 23. Prescheduled Lca,·e. The Contracting Attorney will provide a Notice of Unavailability for pre- scheduled vacation, trainings and other leave. The court will not place matters on those dockets, provided there has been an official Notice of Unavailabi l ity filed with the court no later than 30 days prior to the date(s) of leave. If such matters remain on those dockets, the Contracting Attorney will be responsible to provide alternate coverage or agreed upon orders of continuance with appropriate waivers pursuant to CrRU 3.3. \Vh en alternate coverage is necessary, the covering attorney may bill the court in the amount of $250.00 for said coverage for the court calendar (per day/not case). 24. Entire Agreement. This instrument contains the entire Agreement between the parties and may not be enlarged, modified, or altered except in writings signed by the parties. I~ WIT~[L S WHEREOF, the parties have executed this Agreement on the 'ZJf-#( day of Ql,ll,,-tYl, bue.. I 2019. Cory Wright BOCC Chair Judge Darrel R. Ellis Upper Kittitas County District Court Page 6 of6 Issuing Company: AttPro RRG Reciprocal Risk Retention Group Lawyers Professional Liability Policy THIS IS A CLAlMS MADE AND REPORTED POUCY. THIS POUCY ONLY APPUES TO CWMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED IN WRITING TO US DURING THE POUCY PERIOD OR ANY APPUCABLE EXTENDED REPORTING PERIOD. CLAIM EXPENSES ARE INCLUDED WITHIN THE UMIT OF LIABILITY ANO THE UMIT OF UABILITY AVAILABLE TO PAY DAMAGES SH.ALL BE REDUCED AND MAY BE COMPLETELY EXHAUSTED BY THE PAYMENT OF CWM EXPENSES. PLEASE READ THIS POUCY CAREFULLY. In consideration of the payment cf the premium, your cbligatlon to pay the deductible, ar.cl In rellar.ce on all statements In the Application and all supplementary Information you provide to us, and subject to the Dedaratons, and all other terms, conditions, limitatlons, exduslons, and endorsements cf this Policy, the Named Insured and we agree as follows: A. INSURING AGREEMENT Subject to all terms and conditiOns of this Policy, we wtll pay on your behalf all dalm expenses and damages up to the Limits of Liability as set forth in the Declarations of. this Policy, for a daim to which this Policy applies that is first made against you during tr.e policy period or during a prior policy Issued by us and continuously renewed by the Named Insured up to the present policy period. Additionally, the dalm must be reported to us during the policy period, or If applicable, reported to us during the sixty (60) day automatic extension of time to report dai1m. However, our agreement to cefend or Indemnify you for a dalm shall only apply If: 1. The claim arises from a wrvngful act committed by you after the Policy retroactive date and before the Policy explratlon date; 2. The dalm ar1ses from an act, error or omission In the performance cf legal services by you en behalf ct the Named Insured or any predecessor firm; 3. The claim was riot the subject of any notice previously given to any insurer, nor was the claim made under another policy of Insurance; 4. The applicable Limits of Liability of this Policy have not been exhaust.<>d by the payment of dalm expenses or damages; and, 5. No Insured knew or reasonably should have k/1own of a prior dalm er prior known Incident poor to the ear1ierd: a. The fnceptlon date of the first policy issued by us to the Named Insured that was continuously renewed up to the inception date of this Policy; or, b. The Inception date of this Polley. Notwithstanding the foregoing, with respect to prior dalms that are first reported to us duing this policy pertod, we WIii pay such pri« claims under the terms and conditions, Including all appliable Umits rl Uablllty, of the policy In place at the time the prf« cl.llm was first made against an Insured. FU'ther, with respect to prior known Incidents that are first reported to us as a daim during this policy period, we will pay such dalms under the terms and conditions, including all applicable Umlts of Uability, of the policy In place at the t1me an Insured first became aware that a dalm might be made against any Insured. ATY-0001-00-0116 Page 1 of 16 © 2016 Attorney Protective. All rights reset"ffll. B. DEFlNmONS Wherever used in t'iis Policy: 1. Claim means a demand rece ived by you for money or Services arising F:-o m an act, error or omission in your p~rtorma·ce of legal services for otriers. A claim sh all lrdi.ce, but ,s no ll m1 ed to, me Se rvice of sul or the lr:s tuton of an arbitration proceeding against the Insured er a request to ro !I tlie statute cf llrnita t!ons , Claim does not incluce a demand for money or seNices In cnmi oal proceeding s of any type brought aga l~ an Insured , or in any proceedings that seek injunctive, declaratory, equitable or non-pecuniary relief or remedies . Claim also means a derr.and received by you for money or services ari sing from a network Incident 2. Claim expenses means : a. Reasonable and customary fees for recessaty legal work perfomied by attome'fi designated or approved by us; b. All other reasonable and necessary fees, costs and expenSc?S approved by us and resulting from the Investigation, adjust-nent, defense and appeal of a dalm; and, c. Premiums for any appea l bond, attachment bond or similar tond in an amount not to exceed the unexhausted Limits of Liability of this Policy, provided that we have no obligation to apply for or furnish any such bor.d. Claim expenses do not ir.dude CJisis event expenses, disciplinary proceeding expenses, privacy incident expenses, or sa laries or expenses of either your or our emplo-,ees or attorneys. 3. Commonly accepted technologies means current and conventional met!iodotogies designed to secure confidential dient Information and the Insured's computer system that are appropriate to the size and complexity of the Named Insured induding, but not Umited to, utilization of i.) firewall protection; ii.) wireless encryption, such as Wi-Fi Protected Access (WPA); iii.) password proteoon; and, iv.) a destruction protocol designed to rarnove or destroy confidenti.il dient information on any retired computer system, facsimile or copier mactiine. 4 , Computer system means any dev1ce that is u.sed to work with dlent data, ird'4ding, but not limited to, desktop comput~, laptop computers, tablet computers, smart;,hor.es and sof't-Nare, indudir.g the data they COl"ltain, and associated input ar.d output devices, terminal devices, data s+..ora~~ devices, network e<;ulpment, components, firmware and electronic bad<up fac ilit1es, Including systems access ible tnrough the Intem!t, intranets, extranets, or virtual private netNOO(S when si..:ch are used to work with dient data . 5. Confidential client Information means confidential or proprietary infcrmatlon not available to tre general public received by an Insured In connection with an act, error or omission in the performance of legal services to others regarding: a. AA individual dient's non-public personal er fir.andal infonnation, or protected health lnformaton; or, b. AA entity or organizat::on dient's commercia l informat::on. 6. Controlled enterprise means arry existing or prospectlve entit1, buslr.ess enterprise, or real estate interest, ott1er than tt.e Named Insured, In which any Insured and/or their lawful spouse, or an accumulation of Insureds ar,d/or their lawful spouses, at the time the wrongful act occurs or tt,e daim is made: a. Owns, owned or will own ten percent (10%) or mer e of the enterprise, entity, or real estate interest; b. Votes, voted or will vote ten percent (10%) or more or tne Issued and outstanding voting stodc or elects ten pel'C!!nt (10%) or more of tne directors In an incorporated entity; c. ls or was entitled to receive ten percent (10%) or more of tt:e profits of an unincorporated enterprise or entity; d. Holds, held or will hold ten percent (10%) or more of tne debt Instruments of tlie entity, enterprise, or real estate Interest; or, e. ls or was entitled to directly control, operate or manage the entity or business enterprise, or act as a general partner of a limited partnel"Ylip, managing general partnership, or comparable position in any other busJness enoty or enterpnse. A rt'-0001-00-0116 Page 2 of 16 © 2016 Attorney Protective. AU rights reserved. 7. Crisis event means: a. Tre ceat:i, departure or debilitating illness of the sale proprietor, managing partrer, or practice group leader of the Named Insured; b. A potential disscluton of the Named Insured; c. An incident of workplace violence related to the Named Insured; er, d. Tre filing of an involuntar/ bankruptcy petition against the Named Insured. s. Crisis event upenses means reasonable fees Incurred by the Named Insured fOf' necessary consulting services prov ided by a public relations firm In response to a crisis event. 9. Damages means the amount that an Insured becomes legally obligated to pay as a result of any covered daim Including, but not limited to, a monetary Judgment, award or settlement, and any Interest Imposed on such Jl.dgment, award or settlement, but does not lnd1.'de: a. The return or restitution of legal fees, costs er expenses paid to er charged by t:'le Insured for legal services, no matter whether daimed as a measure of the recover1 sought, or as restitution, unearned professional fees, forgiveness of professl~al fees, forfeiture, flnar.cial loss or set-off; b. Any civil or criminal: (1) fines, sar.ctions, penalties, forfeitures; (2) statutofy per.alties; ( 3) legal fees; (4) exemplary or punitive damages; or, (5) awards designed to punish, deter, regulate conci.rl, fee shift or penalize; imposed or awarded against an Insured er any dlent of an Insured, whether pul"5l.larrt: to any federal or state law, stat:Jte, regulation, ordinance, court rule or case law; c. The mi;ltiplied pcrtion of multiplied awardi; d. Arw costs incurred to compl',I with any order for lnjur.ctive er non·monetary relief or to comply with an agreement to provide such relief; e. MY amount not insurable under the applicable law; f. ca.im expenses, disciplinary proceeding expenses, crisis event expenses or privacy Incident expenses; or, g. MY amount ordered to be paid, awarded or costs necessary to c:,mply with any order or ruling In a disciplinary proceeding. 10. Denial of service attack means a malicious attack to make a server or network resources unavailable to autMorized users resultlng in: a. Toe inabilil:'/ of an authorized user to access the Jnsured's computer system; or, b. Tl'.e Inability of a dlent of an Insured to access his or ~.er own computer system when such inability is directjy caused by the Insured'• computer system. 11. Disciplinary proceeding means a proceeding to Investigate alleged professional misconduct, or other matters relating to attorney llcenslng or discipline, conducted by a bar association, professlonal disciplinary board or similar body regulating lawyer conduct. Disciplinary proceedings do not Include Oiminal proceedings of any klnd, or attorney disciplinary actions or proceedings filed with any type cf regulatory agency not previously referenced In this definition, including bot not limited to, the Securities and Exchange Commission, the United States Patent & Trademark Office or the Internal Revenue Service. 12. Disciplinairy proceeding expenses mean reasonable and customary fees, costs and expenses, induding legal fees for legal work performed by attar~ designated or approved by us, Incurred in connection with disciplinary proceedings; A TY-0001--00-0116 Page 3 of 16 © 2016 Attorney Protective. All rights reseNed. U lnsured's computer system means any computer system : a. LeaScd or cw:ied by a Named Insured and operated by an Insured for the Named lnsured 's benefit; or, b. Opera ted by a service provider solely for the Named lnsured's benefit. 14. Legal services means services provided to others by an Insured in tMe capacity as : a. An attorney or notary publ ic; b. Ari arbitrator or mediator; c. A tltle insurance agent; d. A goverr:ment aF.airs lobbyist or ad'lisor; e. An administrator, conser.ator, executor, guarcian, t"'Jstee, receiver, or In any 5lmilar court appointed fid oo ary ca pad t'/, pro ca1 such se rv1 ces are performed in connectJon with and Incidental to the provtsion of leg.ii services by the Named lnsufed, f. A.1 author, bl.t only for the publicaton or prese ntation of legal research papers and lega l writing relating to the practice of law, including materials for Continwing Legal Educa~:on crecit, provlded the tota l remuneration for such work is less tnan $25,000; or, g. As a membe r of a bar aSSOd atlon or o¢er leg er a~ey related ethics, peer review, accreditation, licensing or sl li ar boarc!, commi tre.? or organiz.at:on; but only if st.'Ch services are performed as a mem ~r of, or on behal f of, t."-.e Na med Insured . Legal services do rot Ind uce tt:e pro, on of, or failure to provtde , any r ar'.Clal or ln~ent ad•,fc e or r.a r.cl al ma r.agem~.n · 15. Malicious code means the unauthorized corruption of software through the use of computer viruses, Trojan horses, k..oYstroke loggers, cookies, spyware, adware, worms, log ic bombs and other coding methods that impair tr,e Insured's computer system. 15 . Named Insured means the person or enbt'I designated as St.Ch In the Dedaratfons of this Policy. 17. Network Incident means a denial of service attack on, er t~e trar.smlss ion of malicious code to, the lnsured's computer system resulting In: a. an unauthorized user having access to confidential dient informition; b. a denial of service attack on a dient's computer system; or, c. a suspension or interruption to a dlent's networ1<; which results In a dalm from a dient for loss. Network Incident shall not Induce any dalm or loss as a result of an electrical failure, Ir.duding electrical power Interruption, surge, brownout, blackout or lnterrupton, or the failure of tr.e Internet, telephone or other public fnfrastructure networlc. 18. Not-for-profit organlzatlon or purpose means any organizaton or puri:osc which is organized ar.d conducted for tne public benefit and operated primarily for charitabje, cMc, educational, religious, or welfare purposes. 19. our, we, us, ours means the Insurance company tr.at appeari in !he Oedarations of !his Policy. 20. Personal Injury means injury, Including mental anguis:; and emotional distress, based upon or arising from the provtSlon of legal services and Involving: a. False arrest, humiliation, detentioo or lmpnsonment, wrongful entry or evtctlon, malicious prosecution, abusive litigation (cMI or o1minal) or abuse of process; or b. The publication or utterance of a libel, slander, disparagement or ctr.er defamatory matenal or llfolation of the right to privacy. 21 . Polley period means tne period of time between tne lrcepton date and time, and ttie expiration date and time, ead'I as shown In the Oedaratlons of this Policy, or this Policy's earlier termination date and bme, if any. ATY-0001-00-0115 Page 4 of 16 © 2015 Attorney Prctectlve. All rights rese~ed. 22. Predecessor firm means any person or entity t"lat was forrner1y er.gaged in providir,g legal services but who ro longer does so, arid to which fi na naa l a~:; anid liabilities the Named Insured is ttie majority successor in Interest, and that Is identfied as a predecessor firm In the Dedaratlons of this Pol icy . 23 . Prior claim means any dalm first reported to us during L~e policy period, but first made against an Insured during the effectiVe dates of a pr1or policy Issued by us to the Named Insured and continuously renewed up to the present policy period. 24. Prior known incident means any same or related wrongful act, legal services, fact, circumstance or ad'lerse outcome that results in a daim being first made against an lnSllred during this policy period, and which: a. rs known to an Insured; b. Is reasonably apparent to an Insured that a claim might be made; ar.d, c. Became known to an Insured during a prior policy issued by us to the Named Insured and continuously renewed up to tne pr~nt poficy period. 25. Privacy Incident means a violation of any privacy regulation arising from an act, er:-or or omission In your performance of legal services for others resulting In privacy Incident expenses. 26. Privacy lnddent expenses means reasonable expenses for attorney's fees and costs, consultation with information technology experts, and court costs necessarily Incurred by tt:e Insured to respond to a formal r~ulatory inquiry by a governmental body or agency with authorit'/ to Investigate professional misconduct w1tt1 regard to a privacy Incident. 27. Prlncy regulation means any state or federal S"..aMe, law er regulation a550Ciated with the control and use of personally identifiable financial, medical or other senslti,re Information inducing, but not lirr,ited to, Graham Leach Bliley Act, Health Insurar,ee Portability anid Accountability Act, or Health Information Technology for Economic and Olnical Health Act, or any of their extensions or amendments. 28. Related claims means all claims based upon or arising from the same or relate<! facts, dl'O.Jmstances, situations, transactions, advice, events, decisions or wrongful acts or In connection with the same or related saies of facts, drrumstar:ces, situatons, transactions, advice, events, decisions or wrongful acts. 29. Service provider means a buslness ttiat provides computer-based services to the Named Insured with respect to the Insured's computer system. 30. Wrongful act means any actual or alleged negligent act, error or omission In the performance of legal services, or personal Injury in the performance of such legal services, for others by you. 31. You, your or Insured means: a. Toe Named Insured and any predecessor firm specifically named In the Dedaratlons of this Polle/; b. My present partner, principal, officer, director, shareholder, or employed lawyer of the Named Insured, but only during ttie performance of legal setYices In the COUl"Sa and scope of their duties on behalf of the Named Insured; c. My past partner, principal, officer, director, shareholder, or employed lawyer of the Named Insured, bLJt only whne they rendered or failed to render legal services In the COt.Jrse and scope of their duties on behalf of the Named Insured; d. My lawyer who acts as Of Counsel or as an independent contractor to the Named Insured and Is designated as such In the Aj:lpjlcation and Is listed in the Named lnsured's records as Of Counsel or as an Independent contractor at the time of the wrongful act, but only during the performance of legal services on behalf of the Named Insured; e. Arr( non-lawyer employee or non-lawyer independent contractor of the Named Insured whose work Is engaged and directed by the Named Insured, but only with respect to the furtherance or legal senlces rendered and while acting in the course and scope cl their duties on behalf of the Named Insured; or, f. Toe estate, heirs, executors, administrators, assigns and legal representatives of any Insured in the event of such Insured'• death, Incapacity, insoNency or bankruptcy, but only to the extent such Insured would otherwise be provided coverage under this Polley. A TY-0001-00-0116 Page 5 of 16 © 2015 Attorney Protective . AJI rights reserwd . C. DEFENSE, SETTLEMENT AND SUPPLEMENTARY PAYMHffS 1. Defense of Claims We ha ve the right and duty to defend claims bro ught against you ><:e kin g damages to wh ich th is Policy applies, even if the claims are groundless . However, we shall ha ve no duty to defend claims brought aga inst you ~king damages or asser"Jng daims not covered by tiis Policy . When we have pa id our Limits of Liabilit'( as pr v!ded In the Deda ra ons of ttlis Pcl!cv as paym i!n of damages or cla im e-xpenses1 or after ce~si ng tJ-.e ramali,J rg Lim it of Ua::i lity into the reg istry of a court of com peten t Jurlsd lction, ovr c ga on to pa y a y damages or cl.ilm expenses, or to undertake or con nue ~ defen s.? of anv d.ilm (l( sul:, ~-U~ st.'Ch pay-nelit or deposit, we have the right to Withd raw fr om tre r:t-~ cefense of he claim or suit by ten derng the de~ se of the daim or suit to you. You agree to aceept the terder of the defcf'lsa " en we wi &.draw . 2 . Defense Counsel Whi le we welcome your input In selectJng defense counsel, we reta in t"1e exdusive right to make tiat selectJon. Our determination as to the reasonableness of daim expenses is coodus i~. 3 . Settlement We will r~t settie a claim without your consent; r()we·~., you ma·1 not unreasonably withhold such consent. If you withhold consent to any settlement that we recommer.d, t-.en our liability for the cJaim will r.ot ex~ the amount for which t/:e claim could have ~n settled, i:;lus daim expenses Incurred up to the date of your refusal to consent. '111".en total dalm expenses and damages reach the amount for which the dalm could have been settled, plus claim expenses incurred up to tt.e date of your refusal to consent, we have no further liability for claim expenses or damages and have the ri ght to witr.craw our defense of the claim . You agree to accept the tender of the defense when we witt:draw. You shall net settJe or offer to settle any daim, incur any claim expenses, enter Into a tolling agreement, or otherwise assume any contractual obligation, 04" acmit any liability with re.pert to any dalm without our prior written consent. We shall not be liable for any settlement, damages, daim expenses or assumed obligations or admissions for wh ich we have not given our pr.or wnt:en consent. 4. COiiaborative Defense Your deductible as provided In the Dedarations of this Policy will be reduced by fifty percent (50%) for the relevant daim If we mutually collaborate with you to Sc;C""..essfully resol~ tt:e claim and, as a result of such collaboration, any of the following ocrurs: a. Toe dalm Is settled or resol'led by us at mediatoo before suit is tiled at terms and conditions, and for an amount, acceptable to us; b. Toe claim is settled or resolved at mediation within 365 days after suit Is filed at terms and concit:i0t1S, and for an amount, acceptable to us; c. Toe claim is settled or resol',ed as evidenced by a written settlement agreement and witl'lin 365 days of the date the dalm Is reported to us at terms ar.d conditions, and f04" an amount, acceptable to us; or, d. Toe claim Is settled or resolved by us within your deductible as provided in the Dedarations of t:his Policy, lncludlr.g all payments ror damages and dalm expenses. However, the amount of the deductible reduction will not exceed $25,000 for tr.e relevant claim. 5. Pre-Claim lrwestlgation Assistance Prior to a claim being made against an Insured, we may, at our sole discretion, investigate and pay costs and expenses that we Incur result!~ from such lnvestlgation of a potential dalm. In order to qualify for Pre-Calm Investigation Assistance under this provision, potential daims must be otherwise covered under the terms and conditions of the Policy . 6. Subpoena Assistance a. In the event you receive a subpoena for documents or testimony arising out of legal services rendered by you, and you request assistance from us by providing us with a copy of the subpoena, we will retain an attorney : ATY-0001-00-0116 Page 6 of 16 © 2016 Attorney Protective . All riQhts reseM!d . (1) to assist you regarding the production of documents and the preparabon of your sworn testimon·r; ar,d, (2) to attend ar.(j represent you at your deposition. b . However, in order for coverage to apply under this prov1s;on, you: (1) must net t;e a part/ to the acton out of which the subpoena arises; (2) must have not b~n retained to provide an opinion, advice or testimony in connection with such action; (3) must eport ';e subpcena to us no la ter tha n thrn (3) bus iress da "(S fro m rece ip_~ of se rvta!, cc If r:ct possfble, as seen a:; practicable, ar d In no e·ie r.t later tJ-a , the day prior to tie su tpcer.a response due date; and, (4) must provide us with any information and documents we reasonably request. We will pay daim expenses Incurred as the result of work performed by the attorney hired pursuant to this secton. 7. Supplementary Payments Toe most we will pay for ail Supplementary Payments payable uncer this Section Is $150,0CO per policy period, ~ardless of tt-.e numter of Supplementa ry Pa •/ITl encs soug · t or nu moer of d alrr:a ts or IM4.lreds fi 'JOI-P-d. Pay .e ts ~ pursuan t to th s provfslon of the Poller are ne t pa~ ofard do l'\ot ere<!e the mtts of Uab tllty set fom In tr.e Dedaraticns a )d are roe subJect to e Ded uctib le, Supplementar/ Pa ymenb. NI ii be mace cnly fa the following: · a, Loss of Earnings If we request In writing that you ar.~.d a t1al, r.ea rir~ or art:i ·a iOO prcceec ir.g in coonecon with ttie defense of a daim, we will reimbu:rsc you up to $5CO i;er da y for your actua l fest earn ings arid ex;>en5e5 for such attendance for each day or part of a day you ar.~. The n-.as~ we wi ll pay urder this subsectlon Is $10,000 pe-dafm ce ·e r.ced by us. ar.d $50 ,000 In !he aggrega te for all daim.s defended by us c!unng the policy period . You must seo..k payment of any loss of ea rnings Ir, writi ng .and sutmit i:rocf of your lost· ea rni ngs or e~ In a fom, acceptable o us wil:!11n tne/ (90 ) days of such attercance. b. Defense of Disciplinary Proceedings We wlll p~Yice ·er the defense of any discip ri nary proceeding brought against you durir.g tne pc>alc:y period and rapcrtcd to us wt!:Hn thlrt'{ (30 ) da,1 of th~ dlsdpllnary p~eeding being brought. Under t:ils pro'lls Cf\, we wm pay reasonable di.sdpl.inary proceeding expenses ~ to a maximum of $25,000 per disciplinary proceeding and $100 ,CQO f the aggregate per policy period regardless c:J tne number of Insureds lr.vol'-'.ed n disciplinary proceedings, or the number of disciplinary proceedings brought against JOU during tt:e policy period . You shall not Incur any disciplinary prcKeedlng expenses witt:out our pri or writ::en consent We S.hall r,ot be liable for any sattlement or discipllnary proceeding expenses or _aSSl.lm~ ob{TgatjonS or admissions for w ch we r a ve net Ql'/etl our prior wriltefl consent When we have pa id the m.!Xlmum amount of disciplinary proceeding expenses prcYi&!d uncer tt'J$ prCNlsion , our obligation to pay any disciplinary proceeding expenses, or to undertaka or COl'lt!nue the defer.s.a of any disciplin ary proceeding, end s. Upon such payment, we have tt:e nc; t to w!th:fraw from the further defense of the disciplinary proceeding by tencerir.g the c:etense of the disciplinary proceeding to you. You agree to accept the tender of the defense when we withdraw. c. Crisis Event bpenses We will reimburse you up to $25,000 for all crisis event expenses you Incur as a result of any and all aisis events that nrst occur during the ~Icy l*iod, and which are reported to us during the poUcy period or within Slxty (60) days thereafter. Under this subsection, the most we wfll pay rs $25,000 In the aggregate for all crisis event expenses incurred as the result of a crisis event OCCU'T1ng during the policy period, regardless of the number of crisis events, daimants or Insureds involved. Under no circumstance wfll we have a duty to deferd any Insured under this provislon. Our obllgat1on to reimburse you for crisis event expenses Is expressly made contingent upon Jou submitting your request for reimbursement along with proof of your loss in a form acceptable to us within sixty (60) days of when the expense or payment was lnOJrred . A TY-0001-00-0116 Page 7 of 15 © 2016 Atbmey Protectiw. All tights reserved. d, Privacy Incident we will reimburse you up to $25,000 for all privacy Incident expenses you inc,.,;r as a result of any and all privacy incidents that first occur during the policy period, and which are reported to us during the policy period or within sixty (60) da','S thereafter. Under this sub~on, the most we will pay 1s $25,000 in the aggregate for all privacy Incidents expenses incurred as the result of a privacy incident occurring during trie policy period, regardless of the number of privacy Incidents, daimants or Insureds involvec. Ur.cer no circumstance will we have a duty to defer.d any Insured under this provision. Our obl igation to reimburse you ror privacy Incident expenses Is expressly made contingent upon you submitting your request for reimbursement along with proof of your loss in a form acceptable to us within sixty (60) days of when the expense or payment was incurred. D. LIMITS OF UA3ILITY AND DEDUCTIBLE 1. Limit of Liability -Per Claim The most we will pay ror all damages and daim expenses for each claim first made against tne Insured and reported to us In wr1t!ng during tt1e policy period s.'"1all not exceed the Per Claim Limit of Liability set forth In the Declarations as the Per Claim Umit of Uabilit-1, regardless of the number of claims or related daims mace, causes of actions asserted, or number of daimants or Insureds Involved. 2. Limit of Liability -Aggregate Toe most we will pay for dam.ages and daim expenses for all dalms nrst mace against tne Insured and reported to us in wribng during the policy period shall not exceed the amount stated in the Declarations as the Aggregate Limit of Liability, regardless of the number of daims or related dalms made, causes of actions asserted, or number of daimants or Insureds involved. 3. Claim Expenses Claim expenses we pay are a part of, and not in addition to, the Limits of Liability, and pa·,ment by us of daim expenses shall reduce and may exhaust the Limits of Liability. 4 , DeductJble You are obli~ated to pay all dalm expenses and damag~ up to the amount of.tr.e decuctible shown in the Oedarations for each and every claim. However, the first $25,000 of daim expenses shall not be subject to the deductible and will be paid directly by us. The deductible shall be payable by you, as daim expenses in excess of $25,000 are lncurTed or as damages are paid. The amount cf the deductible is within and reduces both the Per Claim and Aggregate Limits of Ua::>ility. Payment of the dedL.ctible shall be made by you wtthn thirty (30) da'/5 of our demar.d for payment 5. Related Claims All related mlms will be treated as a single daim and subject to the Per Claim Limit of Liability stated in the Declarations of this Polley and will be deemed to have been made at the time tne first of such related dalms was made. Neither the rr.aking of a dalm agair& multiple Insureds, the makJng of multiple daims, nor the maklng of dalms by multlple people or enbtles, shall operate to Increase either the Per Calm Limit of Liabmty or tr.e Aggregate Limit of liability under this Polley. 6. Multiple Policies Issued by Us If more than one lawyers' professional liability policy issued by us, or by a past, present or future parent, subsldlary or affiliate of ours, applies to the liability of an Insured, wt shall not be llable for payment of damages and dalm expenses under more than one policy. Any duty to pay damages and ct.Im expenses shall be connned to tre policy containir~ tt,e largest applicable limit. If the limit of liability on each policy Is the same, only one limit will apply. E. EXQ.USIONS This Policy does not apply to : A TY --0001-00-0116 Page B of 16 © 2016 Attorney Protective. All ri',lhts reserved. 1, A.1y dalm or request ror supplernentar1 P ~ ~ms baSc<! LJ PO(), arising out of, directl y or indirectly resulting from or in ccnseq uence of, or , a •V wa y invo l'ltng a,,., of the fo ll ow ng: a. A.:-..y mal icious or intentional act or abuse of process; b. A.1y cishonest or fral..dulent act; c. A.1y willfu l or crim inal vioJation of any law, statute or regulation; or, d . A.1y libel or slander committed with knowledge of Its fals lty . However, we will defend and pay daim expenses or disciplinary proceeding expenses for such allegations only if tne daim or disciplinary proceeding Is otherwise covered by t"iis Policy, and until there Is a final adJudicat:on, judgment, order or ruling by a court or administ"ative body, or binding arbitration decision or convlctlon against an Insured, or a written document, legal admission or statement by an Insured establishing such car.duct set forth In this exduslon, or a plea of nolo contendere or ro contest regarding Sl..'Ch conduct set fort.'1 in this exdusion. Once such conduct set forth In this exclusion is es"..ablished as deso1bed above, we have the right to withdra ·11 from the ce':!nSc? of t"ie dalm er disciplinary proceedlng, the Insured shall reimb urse us for all cJaim expenses or disciplinary proceeding we IOO!rred C<!f enc ing the coodL.C set fo rth in this exduslon, and we wrn have no further liability for dilim expenses or disciplinary proceeding or damages . You agree to accept tt:e tender of the defense when we withdraw. Whenever coverage l,Jn:ler this provision w01.Jld be excluded, suspenc!ed or lost because of such conduct set forth In this exdusion by any Insured, we agree that such CO\lerage, as would otnerwiS.? be affortled under this Policy, s."lall t:e ap plicable with ~pect to an Insured w o did not pe rso nally participate, er personally acquiesce In or rema rn passive after ha 'Jjr.g i:er.;coal k1:iowl~e of such co nduct 2. Any dalm or request for Supplementary Payments baSed upon, arising out of, directly or indirectly resulting from or In consequence of, or In any way invol'ling any of the following: a. Arr,; lnsured's ~rvic..""S or capacity as an officer, director, partner, t:1.Jstee, manager, owner, or employee of a COfPOration, partnership, association, trust or fur:d, irduding a pension, welfare, profit sharir,g, mutual er Investment fund or triJst, or any other business ent~rprise er charitable orgar.ization of any kind ott)er than the Named Insured, except for your services as a court appcinted trustee or as an officer, director or member of any non-profit professional legal association, Its governing board, or any of its committees; b. Any lnsured's seNlces or capadt'/ as a public official or employee of a go~mmental body, subdivision or agency, except however for a dalm or disciplinary proceeding brought by a govemnenbl agency, body or subdivision as a dlent of the Named Insured that Is baSed upon or a~ solely from the performance of legal services by an Insured to the governmental agency, body or subdivfsioo, but only if such seNiC!S are performed as a member of or on behalf of the Named Insured; c. Airy lnsured's actual or alleged liability under any oral er written contract or agreement, unless such liability would have attached to the Insured by raw in the absence of such contract or agreement; d. Leg.al services provided by an Individual or entity with wtiom the Insured shares office space, staff, letterhead, fadlites or equipment, who is not an Insured under this Policy; e. Any Insured'• actual or alleged violation of the responsibilities, obli!,ations or duties Imposed by the Empl~ Retirement Income Security kt. of 1974, or the Pension Protection kt of 2006, Ir.duding any amendments, or any rules, regulations or orders Issued pursuant to the above-listed acts, or any slmilar provtsions of any state, federal, or local staMory law or common law anywhere in the wond; r. Arly loss sustained by an Insured, or claim or disciplinary proceeding made by or against an Insured, as beneficiary or dlstributee of any l:n.Jst or estate; g. AiTy bodily injury, pain and suft'ering, sickness, disease or death rl any ~, or for the destruction, diminution In value or loss of any property or asset, accounts, or of software, data or other information In electronic form, except that the exdusion shall not apply to mental anguish or emotional distress based upon or arising from personal Injury; h. A.1v lnsured's conversion, misappropriation, embezzlement, commingling, defalcation or ethically Improper use of or disposal of funds; or other property, whether held on behalf of dients or third parties; A'TY-0001-00-0116 Page 9 of 16 ~ 2016 Attorney Protective. All 1'19hts rese.-.ed . i. Any loss sustained or claim or disciplinary proceeding made by or on behalf of an Insured under this Policy aga inst any other Insured including, but not limit~ to, any loss, claim or disciplinary proceeding arising out of t"le formaticn or dissolution of t'"le Named Insured , a predecessor firm, or other law firm involving any Insured, or to the proprietorial rights of any Insurflt or former Insured to dients, information, dient lists, documents, files or client maters, or arising from a networit Incident or privacy Incident; J. Any actual or all~ed discrimination, r.arassment or failure to comply with any law because of race, color, religion, age, sex, disability, pregnancy, national origin, sexual orientation, gender identity, marital status, or any other basis prohibited by law; k. Any legal services rendered or ttat srculd ha'le been rendered by you w ith r~pect to a controlled enterprise; I. Any Insured's financial or Investment advice, prediction, warrant';, guarantee, opinion, refer.al or action relating to portfolio or trust account management, the performance of real estate, securities or other investments, or tt.e promotion, sale or sol icitation for sale, of securites, real estate or other Investments; m. Ally Insured's actual or alleged notarized certification or ac:krow lect,;ement of a signature on a document In their capacity as a r,otary public when such Insured did not witress the signat'..Jra being placed on the document; n. Toe loss or destruction, or any diminuton in the value of any asset In your care, custody or control, or out of the misappropriation of, or failure to give an account of, any a~t In your care, custody or control, induding trie commingling of runes; o. Your failure to impement, update and rr.a intain commonly aa:epted technologies; or p. A.1y networit Incident or privacy Incident arlsing from or in connection with any act, error or omission of any person or entity otner tt,an an Insured . F. CONDmONS l. Notice of Claims You, as a condition precedent to our obligations ur.der t:',is Policy, shall Immediately give wri~..en notice to us du rtr.g tt-,e policy period c f any daim mad..? ~ai~ you er of your r2ee ,.pt of any ~ bee, summons, comp laint or otter pfCcess , tt,~ any person or entity Intends to hold you re:spor.sibl e for any wrongM act, vv ith full particulars, Including but not limited to: a. All reasonably obtainable Information relatir9 to the time, place and circumstance of the wrongful act; b. The dates and persons Involved; c. Toe identity of anticipated or possible daimants; d. Toe Identity of all Insureds implicated; and, e. The circumstances by which an Insured first became aware of the cJaim. 2. !"4otice of Potential Claims If, during the policy period , you cec ome a· are of any wrongful •ct ar circu msta nce that mi Qht reasona bly be expected to be tr.e basls of a dalm agains you , such po tenti al daim er wrongful •ct wtli not consttLJte a daim and will not be covered undi!r t:11is Policy unless we receive written notice of such potential dalm In accordance with the terms and conditions of this Policy, and the reasor,s for antidpating a daim, with full pa,tjrulars, Including but not limited to: a. AJI reasonably obtainable Information relating to tne time, place and circumstance of tr.e wrongful act; b. The dates and persons Involved ; c. Toe Identity of antldpated or possible daimants; d. Toe identity of all Insureds implicated; and, e. The circumstances by whidl an Insured first bealme aware of !tie potential dalm. A TY-000l-*-0116 Page 10 of lS I!; 20t6 Attorney Protective . All rights reseNed . If a potential claim is properly reported pursuant to the requirement. of this provision, then any claim subsequently made against an Insured baSed upon or arising from such wrongful act or circumstance shall be deemed, for purposes of this Policy, to have been made dunng the policy period or any applicable extended reportng period, In which such potential daim was first reported. 3 . Premium Payment Our obligation to perform any duty under the Policy is strictly conditioned upon the payment of tile premium when due. Similarly, our obligation to perfonn any duty pursuant to a renewal of coverage prO\'ided under the Policy shall be strictly conditioned upon the payment of the renewal prem.um when due. Therefore, this Polley shall not be deemed to have been issued, delivered, or renewed and shall not be applicable to arTt matter which would otnerwise be covered herein, until: a. The premium has been paid in full; or, b. If we have agreed to finance the Polley, the first Installment has be-:n paid In full. If pa-,ment is made by er.eek, electronic transfer or money order, It shall not be considered ~paid In full~ untll 1-ooored by the payor's bank. 4. Cooperation and Subrogatlon a. You agree to cooperate with us and assist us in the investigation, defense and settlement of any and all d•lms, potentlal dalms and requests for SupplemEntary Payments, Including but rot limited to, promptly providing complete and accurate information which we may reasonably require, attending any deposJtion, hearing er trial as requested by us, assisting in securing and giving testimony, obtaining the attendance of witnesses, and doing nothing to prejudice our ability to investigate, defend or settle any dalm or disciplinary proceeding to which this Policy appies. b. If we request, you agree to submit to any examination under oath tnat we may require, to be conducted by our representatives at a time and place cf our chooslng. c. You agree to follow our recommendation regarding whether er rot to arbitrate or mediate a daim and s.-:all not agree to arbitrate or mediate a claim witr:oot our prior written consent d. In the event cf any pa 'JT11ent 1.1nder this Polley, we shall be subrogated to all your rights of recovery against any person or orga rJ za ·on, lnch.:dir.g any rights you may have against any other Insured who personally participated or personally acquiesced in or remained paSSlve after having knowledge of any dishonest, intentionally wrongful, fraudulent, aiminal, er malicious act or omission. You shall execute and deliver instruments and papers and do whatever else Is necessary to secure and collect upon such rights. You shall do nothing to prejudice such rights. e. After deducting any costs or expenses incurred In obtaining reco~es under this sectiOn, the amount recoo.ered shall be apelied: (1) first, to t:r.e Insured in reimbursement of any deductible; (2) second, to us for reimbursement of any amount paid ur.cer tr~ Policy; ar.d, (3) third, sr.ared equally between the Insured and us for reimbursement of amounts Ir.curred as a result of the daim. S. Action against Us No action may be taken against us unless, as a condition precedent, you r.ave fully complied with all terms and conditions or this Polley and the amount of damages has been finally determined by the entry of Judgment or by tne written agreement between the Insured, the claimant and us. No person or entity shall have any right un<!er this Policy to pn u.s as a party to any action aga nst th.! Insured to determine such Insured'• liability, nor shall we be joined as a part'1 or lnterpleaded by tt.e Insured or the legal representatiVes of the Insured unless otherwise mandated by law. 6. Assignment Neither this Policy n0f any lnsured's Interest In this PoUcy may be assigned or transferred w,thout our prior written ·consent However, If the Insured Is a person and dies, the coverage afforded by this Policy shall Inure to the benefit of the deceased Insured's estate. A TY-0001-00-0116 Page 11 of 15 © 2016 Attorney ProtectiVe. All ric;ihts reserved. 7. Polic/ Tern to,y This Policy applies to a wrongful act takir.g place anywi":ere in the world, provid.ed t~t the claim Is made and suit is brougl",t against the Insured within the United States of A;r,erica, Its territories or possessions, Puerto Rico or canada. 8. MaterialO,ange a. Tne N.1med Insured shall immedia:ely, but In no event later than tiirty (30) days, report to us in writing any material change that occurs during the policy period. In each case cf a material Change, we shall have tne right to decline coverage, or to accept or alter coverage ard charge an additional premium for the material change. This Polley shall provide no cc'lerage with respect to any claim made against any Insured where a material change has occurred, or based upon or arising from any wrongful act committed or allegedly corr:,mitted on or subsequent to the tlme and date of any acqulsjtion, merger or dissolution if we have not been riotified of such materlal diange. b. A material ctiange indudes, but is not limited to, the following: (1) A twent-1·five percent (2.5%) increase or decrease in the totai number of attorneys covered in this Policy as represented in the Application; (2) Any mergers, aa:;uisitions, spin-offs, dissolutions or splits involving the Named Insured; however, the Named Insured mi.st pro·.ide written notlce to us prior to tne completion of this actvfty; (3) Fir.ancial lmpaim,er.t of the Named Insured, Ir.duding but not limited to tr,e appcintment of a receiver, conservator, liquldator, or trustee for the Named Insured, or If tr.e Named Insured has become a debtor in possession under bankruptcy laws; (4) When any law~r jcinir~ the Named Insured during tlie policy period Is aware of any daim or potential daim that had been alleged against t!'lat lawyer prior to Joining the Named Insured; or, {5) When any lawyer joining tr'.e Named Insured during t:tie policy period is subject to any disciplinary proceeding by any court or bar associatiO(I or has been repnmar.ded, censured or disbarred or prohibited from practicing taw in a specific area before any court er administrative agency. 9. Other Insurance Toe insurance proYidec for In t'iis Polic/ shall be excess over all ether valid and collectible Insurance, whetner such Insurance Is stated to be primary, contributory, excess, umbrella, contingent or otherwise. In no event sr.all we be responsible under this Policy for a greater proportion of such damages arid d.1im expenses than the Limit of Liability under t:tlis Policy bears to the total hmits of liability under all applicable Insurance issued by all companies unless such other insurance is specifically purchased to apply in excess of the Limits of Uabillty of this Policy. 10. Waiver Our failure to lnsis.t on strict compliance wltn any of the terms, provisions or conditions of this Polley, or the failure to exercise any provision, right or privil~ uncer lnis Policy, shall not operate as, nor be construed as, a waiver er change to any provision of this Policy. None of tt:e provisions of this Policy will be waived, cha~ed or modified unless made by wr1tten endorsement to this Policy and signed by our author1zed representabve. 11. Cancellation and Nonrenewal a. This Policy may be canceled by the Named Insured by providing written notice to us. Toe cancellation shall be effective on the date specified by the Named Insured or the date the notice Is received by us, whichever Is tater. b. If we cancel this Polley, the earned premium shall be computed pro rat.a. If the Named Insured cancels this Policy, the Polic1 premium will be the amount calOJlated In accordance with the standard short rate tables arid procedures. Premium adjustments shall be made within a reasonable period of time after cana!llatlon. c. If we cance l or r.on-renew ttiis Polley for any reason o er than non -payment of ~m m, w. shall PfO\lide Written r:ooce tD the Named Insured not 16s tr.an thirty (30) days pnor to the effea!ve dare or the A TY -0001-00-0116 Page 12 of 16 © 2016 l\ttomey ProtectiVe. A.II nghu reseNed cancellation or r.on-renewal. If we cancel this Policy for non-payment of premium, we ~II provide written notice to t'":e Named Insured not less than ten (10) days prior to t"le effective date of the cancellation. d. If we cancel or non-renew t>iis Policy, coverage under this Pol icy shall term inate on U1e earlier of: (1) The date and time s--..ated on the cancellation or non-rerewal nonce; or, (2) Tl".e date ar,{j time the Named Insured secures replacement coverage. e. All notices given under thes.e provisions by us will be Sent by U.S. mail to trie Named lnSl.lred at ttie address last known to us and shall t~ effective to cancel or non-renew this Policy for all Insureds . r 11'.e ot'fer.n~ of rer.ewal terms and cor.ditions different from the expiring terms and conditors shall not ccnstltute a non-renewal. 12. Entire Contract By acceptance of tnis Felic~ you agree triat: a . All of the Information, A,,plications, supplements, adder.cums and statements provided to us by the Named Insured are true, acOJrate and complete and shdil be deemec to constitute material representatons made by each and all of tr.e lnS1Jreds; b. This Policy is issued in reliance upon the Named lnsured's information, Applications, sui:plements, addendums, and statements; c. This. Pol ley and all its endorScments, together wtth the completed and si~ned Application and any and all information, Applica~ons, supplements, addendums and statements provided by you to us are deemed to be incorporat~ Into this Policy and embody all of tr.e agreements existing between you and us and shall constitute the entire contract between you and us; and, d. Toe misrepresentation of arry material matter by you or your agent, whett.er in the App~ication or otherwise, will render this Policy null and void and relieve us from all duties and liabWty ~er this Policy. 13. Named Insured as Sole Agent Toe Named Insured shall be the sole agent of all Insureds under this Policy for tie purpose of effecting or accepting an~· notices ur;(jer this Polic/, any amendments to or cancellation of this Policy, for the completing of any Applications and the making of any statements, representations and warranties, for the payment of any premium and the receipt of any retum premium ttiat may become due under this Polic/, and the exercising or dedining to exercise any rights under this Policy. 14. Economic Sanctions Pctyments uncer this Policy shall be made only In full compliance wit'l all United States economic or trade sanction laws or regulaticrs lrdud lr.g, bot not /Im ted to , sanctions, laws and regulations administered and enforced by the Urjti?d Sta::es Treasur; Dei:,artrr.ent's Office of F-ore l~n Aisets Control. G. AUTOMATIC EXTENSION OF TIME TO REPORT CLAIMS Commenong upon tt-e canlelatJon or nor.renewal of ttus Pol icy by eft.'"ier the N.1med Insured or us, we will provide an automa c extensior\ of sixty (6-0) days to the Named Insured to report any dalnu tt.a were first made a~ainst an Insured du ri r.g the policy period . Howe,rer, If tl'i e Named Insured has obtalr.ed ar.odier pol Cf of la~ profess onal Uabllfty Insurance that c<M?rs dalms that would otherwi se ~ re?Qrtec to us dt.Jrtr.g tt;e automa tic exte~Ol'I ~rtod , ttvs provision wlll not apply . Th.is automa c extensio sl'.:1 11 not ~nd the policy period or char~e t:·e sccpe cf cov~fl!Ge prov\ded . MY c:Llllm first repo$d to ua duri ng the a uttimatlc e~cens!on will be deemed to have teen mace 011 the last day on whfch this Fc'lcy Is in er.ea. The Umfts of Uablllty that apply at the end of tt.e policy pertod are not refnst!~, renewed or l!'O"'..ased for dalms fl~ reported during the a ;toma dc extension of slxty(60) cays . H. EXTENDED REPORTING PERIODS l. Terms and ConditJons Applicable to All Extended ReportJng Periods Page 13 of 16 ~ 2016 Attorney Protective. A.II rights reserved. a. [f this Policy is canceled or non-rere.ved by tne Named Insured er us for any reason, or if an Insured is otherwise el igible for an extended reporting period option as set forth in sections H.2. or H.J. below, we sha!I, upon written request of the Named Insured, make an offer of an extended reporting period for the terminated coverage, subject to the followlr19 terms and conditions: (1) The Named Insured must make the request to us in writing, and pay the additiona l premium, If any, within sixty (50) days of cancellation or non-renewal of tiis Policy, or In the alternative, within tne time periods set fort, for the extenced reporting period options under H.2. or H.3. below; and, (2) Any extended reporting period, and all dalms reported thereunder, SNII be subj«t to all terms and conditions of this Policy, b. Any ~ended reportng period: (1) Must be evidenced by an endorsement issued by us in writing; (2) Will provide the Named Insured with an additional period of time as set forth in the er.corsemerit to report daims l\r>t made or brought against an Insured during ~e policy period or during the extended reportil":9 period; (J) Shall not constirute a new policy; (4) Shall not reinstate, Increase or renew tne Limits of Liability, and such limits shall be a part of, and r.ot in additJon to, the Umits of Uabilitt for the policy period; and, (5) Shall cover only these d.alms based upon or arising from wrongful acts committed by an Insured alter tt,e Policy retroactive date and before tne end of the policy period . c. The rig1t to any extenced reporting period encorsement is ex;,rassly extinguished if: (1) Any amount payable to us under t:he Policy has net been paid In accordance with the terms of payment, Ir.duding t:he failure to pay any premiums when due, or the failure to timely pay deductible amounts due and owing; (2) 1>-,1y Insured made material misrepresentations in t'ie Appl ication, supplements, addendums er attac:t,ments to tne Application or to urcerwriting Inquiries; (3) At the time ttiis opton could be exercised, the relevant Insured was not licensed to practice law, er had his er her license revoked, suspended or surrendered for any reason; or, (4) There Is er was any marenal ror.compHar.ce by an Insured Viith any of ttie ter.ns er conditions of this Polley. 2. ~ion·?ractidng Extenced Reporting Period -Additional Temis &. Conditions Upon t'1e total and permanent retirement or cessation of tr,e rull-time or part-time practice of law, an Insured may be eligible for an ex-.enced reporting pe:iod encorsement, subject to tie followfng terms and ccrditions: a. Tl'~ relevant Insured retred or ceaS<?d the full-time er part-time practice of law, or leaves the private practice of law to become a state or federal Jt.ege, during t'1e policy period; b. Toe relevant Insured was, at tt:e time this opton could be exercised, a partner, principal, officer, director, sl')ar'ehold-:r or employed law·~r, otri!r than an lndepencent contnctor, who was paid under a ~ular payroll schedule or fim, dis trl butoo and had federal and stace (if ajlpflcable) taxes withheld b.y Named Insured ; c. The Named Insured was Insured by us for at least ~ree {J) co~utive years prior to the ~uest for the Non ,Practldng ~ed R~rtl ng Period and the rel evant Insured was employed by the Named Insured for ttiose s-a-n:-.e three (l) years ; d. The relevant Insured notifies us In writl!":9 of t!".eir retirement or cessation of the practlce of law and lnt?nt t o exercise this option within slxty (6-0) days of da ? the releva nt Insured retires or ceases tt,e practice of law , or at tt,,e end of the policy period whichever comes first: and, e. Coverage provided ur.de r the Non·Practi dng Ext~~ Reporting Pe ri od wi ll cease Immed iately upon an lnsured's resump tion of full or part tlrne practice or ra •l'I'. Howe~r, lnsureds perfonnlng ..-o!Ufltary or uncompensated legal services on a l'u ll er parMlm ~ bas s for or on behalf of not-for-profit ATY--0001--00·0116 © 2015 Attorney Protective. All rights reserved. organizatlons or purposes will be considered retired for t.+-:e pul'X)Sc of reta;ning their Non-Practicing Exter~ed Rei:;orting Period under this subsection so long as such Insureds have otnerwise ceased the practice of law, provided no other legal services, and are not compensated in any way (net induding reimbursement for actual costs or expenses related to the uncompensated representat:;on) for providing the legal services. Such voluntary legal services are not covered by the Non-Practicing Extended Reporting Period as set forth In Section H. Receipt of free office space or supplies or provision of health care or ottier benefits in exctiange for legal services is considered to be compensation for legal services. 3, Death or Permanent D1sabilit1 Extended Reportir,g Period -Additional Terms & Conditlons Upon the death of an Insured or wren an Insured bec~es totally and permanently disabled, the relevant Insured may be eligible for an extended reporti1"9 period endorsement of up to five (5) years for no additional payment of premium under the following terms ar.d cor.ditions: a. The relevant Insured died er became totally and i,ermar:er.tJy disabled during the policy period, ar.d the death or dlsab11it/ was r.ot tte result of suicide, drug 01' alcohol abuse, or an intentionally self-inflicted wound; b. The relevant Insured was, at tt.e t:me this cpton could be exercised, a partner, prtndpal, officer, director, s.'1arer.older or employed law1er, ottier than an lrdependent contractor, who was paid under a regular payroll schedule or firm c!istribt.ton and had federal ar.d state (if applic.able) taxes wltn~ld by Named Insured; c. The Named Insured was Insured by us for at least thre-e (3) consecutive years pnor to t."1e request for the extendo:d reporting period; d. Within sixty (60) days of the death or total ar.ct i,ermanent disability, er within thirtf (30) days of the end cf the policy period, whldiever comes first, the relevant Insured or tneir legal representative rotifies us In writlng of the death or disability, provic!es evidence satisfactory to us of such death or disability, and req,;ests this exter.ded reporting period endor;ement; and, e. Toe extended niporting period endorsement expires upon the expiration of five (5) years, or the date the estate Is discharged, or tl1e cate the relevant Insured is no longer totally and permarently disabled, whichever comes first 4. Premium for Extended Reporting Pertocs a. The additional premium for an extended reportir.g i,eriod endorsement other than the Non-Practicing, Death or Permanent Disablllty optlons, shall be based upon the premium of the expirtng Policy as follows: (1) One hundred i,ercent (100%) of the annual premium for a one-year extended reporting period; (2) One hur.dred fifty percent (15-0%) of the annual premium for a two-year exti!f1ded reporting period; (3) One hundred seventy-five percent (175%) of the annual premium for a three-year exter.ced reporting period; (4) Two hundred twenty-five percent (225%) of u,e annual premium ror a six-year extended reporting period; or, (5) Two hundred fifty percent (250%) of the annual premium for an unlimited extenced reportir.g period. b. No additional premium ls due for a Non-Practicing Ex'.:ended Reporting Period er.dorsement issued pursuant to H.2 above, for up to an unlimited duration. c. No additional premium is due for a Death or Disabilit; Extended Reporting endorSement Issued pursuant to H.3 above, for a period cf up to fl~ (5) years In duration. d. A..iy premium paid to us for an extended reporting period er(jorsement Is non-refundable. A TY -0001-00--0 116 Page 15 of 16 © 20 L6 Attorney Protective. AU rights reserved. IN WITNESS WHEREOF, AttPro RRG Reciprocal Risk Retention Group has caused this Policy to be Signed by Its President and Secretary of Med Pro Risk Retention SeMces, Inc., Attorney In Fact for AttPro RRG Reciprocal Risk Retention Group. President Secretary ATI'-0001-00-0116 Page Ui d 16 © 2015 Attorney ProtectM!, AU rights reserved. Issuing Company: AttPro RRG Reciprocal Risk Retention Group ECONOMIC SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, In considerabon of tt,e payment of premium, it is ur:derstood and agreed that tr.e following endorsement Is attached to and modifies the Policy, Toe following exdusion Is added to paragraph 2 of Section E., EXCLUStONS, of the Polley: Where coverage for sud1 dalm or Supplementary Payments would result in Violation of any U.S. economic trade sanctions such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control. Similarly, any coverage relating to or referred to In any certificates or other evidences of Insurance, or any daim or Supplementary Payments that would be In violation of U.S. economic or trade sanctions as described above shall be null and VOid, AJI other terms and conditions of the policy remain unchHged. ATY·2015-00-0116 PaQe l of 1 © 2016 Attorney Protective. All rights reser"Jed, Issuing Company: AttPro RRG Reciprocal Risk Retention Group WASHINGTON AMENDATORY ENDORSEMENT THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY, In consideration of the payment of premium, it Is uriderstood ard agree<l ti"at t'1e follow ing endo~ment is attached to ar.d modifies the PoliC{. Cordition 11 of Section F., CONDmONS, of the Policy is celeted in its entiret1 ar:d replaced with the following : 11. cancellation and Nonrenewal a. This Policy may be car:celed by tt1e Named Insured by mailing, faxlr.9 or e-mailing written notice to us, or to any of our authorized representatives, requesting cancellation. The Named Insured may also cancel s Poll ey b'/ surra :de ng thi s Po ll C{, er by providing verbal not:i ~e cf ca nce llatloo to us, or any of our autho rtZ'i:C P.Prese ta tl•..-es. If the Named Insured v'?rt>all y requests ca~e!l a on, we w II req ui re con rrnation of the .car.ce ll aticm In writing from the Named Insured or by the Named lnsured's authorized agent, if any, with the av'thority to caral tt,e Polley. Toe cancellation shall become effective on the date requested by the Named Insured or the date the r:otce is received by us, whldie..-er Is latar. b. This Policy may be canceled by us by mailing or deliverir.g written notice ta the Named Insured at tne last known address, and to the agent of record, If any: (1) At least ten (10) days prior ta t-.e effective c!ate of cancellat:on if the Named Insured has failed to pay a pr_, um wh~n due, whe~ 1;!;e ~mium is payable directly to us or indirectly under a pramium fl r-.a r.-ce i:;fan .or exte nsion of C'edi ; or, (2) At least forty-five (4S) da~ prior to the effectve date of ca:icellation for any other reason. c. The notice shall indude the actual reason(s) for tl7e cancellation and describe slgnil'icant risk factors tnat led us to our underwriting action. Such notce will be sent to any otner person shown by the Polley to have an interest in arr( loss which may occur thereunder indudlng all additlor.al Insureds named on tt.e Policy. A certificate of mailing shall constitute proof of mailing. d. If we cancel the Policy the earned premium shall be computed pro rata. If tJ,e Named Insured c.ance ls the Pol icy1 the earned pr<>...mlum shall be computed pro rata. Prem ium adjustments shall be rr~e within a reasonable period of tlme aft!!r car.cell a t on, but payment or ter.d:r ot sucn unearned prem ium SN!~ r.ot be a condlt;lon of cancenation. e. This Policy may be nonrenewed by us. We will mail or de li ver r.m~n notlce ot the r.onrenew al, alor>Q with a desoiption of ttle reason for our underwriting action, to~ Named lnsured and its autnonzed representanve, If any , a Its las k.10wn address nct ,less than forty-live (45) da'fi prior to tre expiratfon date pro" ded In triis Po ll ey,. Any no ce of r.onrene\'ial will include a statement of reasons therefore. ATY-9001-WA-0115 lo r,ec.ce of r.¢ri r~riewa1 v II be Sent If t;,e N~med Insured Is Insured elsewhere, has accepted replacement coverage, or has requested or agreed to nonrereHal. Page 1 cf 2 © 2016 Attorney Protective . All rights reserwd. f. No notice of nonrenewal will be sent to the Named Insured if: ( 1) we provtde written r.otice of our willingness to renew this Policy, including a statement of the amount of the premium or portion thereof required to be paid, to the Named Insured either directly or through the Named Jnsured's authorized representative, if any, at least twenty (20) days prior to the expiration of the Policy, and the Hamed Insured fails to dischdrge the payment when due; (2) Toe Named Insured has procured equivalent coverage prior to expiration of the Polley term; or, (3) Toe Policy Is evidenced by a writ:en binder containing a dearly stated expiration date which has explred by its terms. g. Whenever a notice of cancellation or renewal of this Policy Is provided to tr.e Named Insured, a copy of such no ce-shall be provided to e Named rnsured 's authorized producer or agent, If any, within five (5) worl<tl",9 days. Whe~er pcssi le, ~e copy to the Named lnsured's autl'KJrlzed producer a agent, if any, shall be provided electronically. All other terms and conditions of the Policy remain unchanged. Page 2 of 2 ~ 2016 Attorney Protl!Ctlve. All rights reserved. OPD Model Case Weighting Policy -Misdemeanors Kittitas County Public Defense Case Weighting Policy -Misdemeanors 1. Purpose This policy implements a system for weighting public defense cases for purposes of certifying to public defense misdemeanor caseloads pursuant to the Washington Supreme Court's Standards for Indigent Defense . This policy recognizes that appropriate case weighting allows reasonable workloads for public defense attorneys consistent with applicable rules and standards. 2. Applicable Court Rules, Regulations, and Standards A. Washington State Rules of Professional Conduct B. Criminal Rules for Courts of Limited Jurisdiction C. Washington Supreme Court Standards for Indigent Defense (Standards) 3. Definitions A. Administrator: the designated supervisor of public defense services: Sarah Keith, Superior Court Administrator, Barbara Demory, Lower Kittitas District Administrator, Diana MacKenzie , Upper Kittitas District Administrator. B. Case: the filing of a document with the court naming a person as defendant or respondent, to which an attorney is appointed in order to provide representation . i. In courts of limited jurisdiction multiple citations from the same incident can be counted as one "case." ii. The number of counts in a single cause number does not affect the definition of a "case.# iii . When there are multiple charges or counts arising from the same set offacts, the weighted credit will be assigned based on the most serious charge. C. Case Weighting: the process of assigning a numerical value , or "weighted credit," to specific types of cases that recognizes the greater or lesser attorney workload required for those cases compared to an average case . D. Caseload: the complete array of cases in which an attorney represents or provides service to clients. OPD Model Public Defense Misdemeanor Case Weighting Policy -2019 E. Docket /Calendar: a grouping of filings where a public defense attorney is designated to represent indigent defendants without an expectation of further or continuing representation. Examples include, but are not limited to, first appearance calendars and arraignment calendars. F. Full Time: working approximately forty hours per week. It is presumed that a "full-time" public defense attorney spends approximately 1,800 hours annually on case representation. ft is expected that other work time is spent on administrative activities, attending CLEs, participating in professional associations or committees, and spending time on vacation, holiday, or sick leave. G. Local Factors: practices, characteristics, or challenges that are unique to the delivery of public defense in a given jurisdiction, and that substantially impact the time required for effective delivery of public defense services. H. Non-Charge Representations: matters where public defense attorneys represent clients who are eligible for public defense representation for matters that do not involve the filing of new criminal charges . Examples include, but are not limited to, sentence violations, extraditions, and representations of material witnesses. I. Partial Representations: situations where clients are charged with crimes, but representation is either cut short at early stages of the case, or begins significantly later. Such situations include, but are not limited to, client failures to appear, preliminary appointments in cases in which no charges are filed, withdrawals or transfers for any reason, or limited appearances for a specific purpose. J. Public Defense Attorney: a licensed attorney who is employed or contracted to represent indigent defendants. "Public Defense Attorney" also refers to a licensed attorney who is list- appointed to represent indigent defendants on a case-by-ca.se basis. K. Weighted Credit: one weighted credit represents a type of case which, on average, requires six hours of attorney time. 4. Misdemeanor Caseload Limits As provided in the Washington Supreme Court Standards for Indigent Defense, the caseload of a full-time public defense attorney should not exceed 300 misdemeanor weighted credits per year, which is equivalent to the time spent on 400 average misdemeanor cases per year. The caseload of a full-time Rule 9 intern who has not graduated from law school may not exceed 75 misdemeanor weighted credits per year. 5. General Considerations A. Caseload limits reflect the maximum caseloads for fully supported full-time defense attorneys for cases of average complexity and effort. OPD Model Public Defense Misdemeanor Cose Weighting Policy -2019 B. Caseload limits are set to ensure that all public defense attorneys have adequate time to provide quality representation. C. Caseload limits assume a reasonably even distribution of cases throughout the year. D. If the public defense attorney Is carrying a mixed caseload with non -m isdemeanor cases, the attorney's caseload should be calculated proportionately by case type , as provided in the Standards . E. If the public defense attorney also mainta ins a private law practice, the public defense caseload should be proportionate to the percentage of work time the attorney devotes to public defense . F. If the attorney provides public defense services in multiple courts, the combination of cases from all courts are used for caseload calculations. 6. Weighted Credits A. Weighted Credits by Criminal Charge Category. The weighted credits to be assigned by cr iminal charge category are in the Table of Weighted Credits by Charge Category found on the following table: Table of Weighted Credits by Charge Category Criminal Charge categories" Weighted Credits Alcohol Related Offenses (excluding DUI) a.so credits Assault (not Domestic Violence) 1 .0 credit Criminal Trespass 1 or 2 0.75 credits Disorderly Conduct (excluding Indecent Exposure a.so credits Domestic Violence -Assault, Reckless Endangerment 1.5 credits DUI and Physical Control 1.5 credits DWLS 1st and 2nd Degree 0.75 credits OWLS 3rd Degree a.so credits Harassment 1.5 credits Hit and Run-Attended and Unattended 0. 7 5 cr~dits Malicious Mischief 0.75 credits Obstructing a Public Servant 0.75 credits Racing 1.0 credit 'Hundreds of misdemeanor charges arise In courts of li mited jurisdiction based on statutes and municipal codes. In creating this policy, similar charges requiring approximately the same amount of work time have been grouped into the categories in this table . Examples of cha rges under each category can be found in Appendix A. OPD Model Public Defense Misdemeanor Case Weighting Policy -2019 Reckless Driving 1.0 credit Simple Traffic Offenses (e.g. No Valid Driver's license) 0.50 credits Theft/Shoplifting 0.7S credits Violation of a Protection Order/No Contact 0.75 hours Order/Restraining Order Weapons Related Offenses 1.0 credit Other Unlisted Misdemeanors 0.75 credits It is important to remember that in all cases, even those with fewer weighted credits and those that may be resolved by routine non -criminal resolutions such as diversion or reduction to an infraction, an appointed public defense attorney must first meet the basic requirements for providing effective assistance of counsel, such as interviewing and fully communicating with the client, carefully review i ng the evidence, obta ining records, investigat ing as appropriate, and preparing for court. B. Guilty Pleas at First Appearance or Arraignment As requ ired by Standard 3.5, resolution of cases by pleas of guilty to criminal charges at a first appearance or arraignment hearing are presumed to be rare occurrences requiring careful evaluation of the evidence and the law, as well as thorough communication with clients. Therefore, if the attorney is appointed, these guilty pleas must be valued as one case. C. Routine Early Non-Criminal Resolutions When an attorney is appointed to represent clients facing charges that, by local practice, are resolved at an early stage by diversion, reduction to an infraction, stipulated order of continuance, or other alternative non-criminal disposition that does not involve a finding of guilt, Standard 3 .6(B)(v) permits the attorney to count them at no less than 1/3 of a case. Routine Early Non-Criminal Resolutions OWLS 3, NVOPL without ID, MIP/MIC, False ID, Minor Frequenting a Tavern, POM, POOP, Disorderly Conduct, Resisting Arrest, Noise Violations, Criminal Trespass, Hit & Run, False Statement to Public No less than 1/3 of a Servant, Obstructing, Malicious Mischief, Theft, Possession of Stolen Property, Unlawful Recreational case Fish i ng 2nd Degree, Unlawful Possession of a Loaded Rifle or Shotgun in a Motor Vehicle OPD Model Public Defense Misdemeanor Case Weighting Policy -2019 D. Partial Representation: A partial representation is counted based on the amount of time that an attorney has spent on the case . Each hour of work is assigned 0.17 weighted credits, up to the maximum weighted credits normally assigned for the case type . E. Sentence Violations and Other Non-Charge Representation : As stated in Standard 3.6(B)(ii) sentence violations and other non-charge representations may be counted as no fewer credits than one-third of a case. F. Dockets/ Calendars: Cases on a criminal first appearance or arraignment docket where the attorney is designated, appointed, or contracted to represent groups of clients without an expectation of further or continuing representation and which are not resolved at that time {except by dismissal or amendment to an infraction) are not counted individually. Instead, the attorney's hours needed for appropriate client contact, preparation, and court time are calculated as a percentage of the net annual hours of work time, and then applied to reduce the attorney's caseload. Each hour of such docket time is assigned 0.17 weighted credits. 7. Adjustments A. Case-Specific Adjustments: Because credits are assigned to cases based on an average amount of time needed for each charge type, ordinary deviations in how complex a case is or how long it takes do not justify an adjustment to a case's credit value. It Is assumed that attorneys will receive a mix of cases of varying complexity and effort, ending with a combination of cases that closely approximates a full-time caseload. However, an attorney may request that the weighted credit be adjusted upward for any particular case that involves substantially more work. Examples may include cases where a client's competency is litigated, extraordinarily long trials, or cases that go to jury trial more than once . Weighted credits may not be adjusted downward unless pursuant to the process Identified in 7.8. B. Local Factors : Due to the following circumstances, this policy deviates from the Model Misdemeanor Case Weighting Policy by making adjustments to weighted credits as follows: n/a OPD Model Public Defense Misdemeanor Case Weighting Policy -2019 Appendix A: Charge Category Examples Charge Categories Examples of Charges Included Alcohol Related Offenses Drinking in Public, Park Violation/Alcohol, Minor in Possession of Alcohol, Serving Minor Assault/Simple Assault (not domestic Assault in the 4th Degree, Strangulation violence) Criminal Trespass 1 or 2 Trespass 1st Degree, Trespass Building, Trespass on Posted Public Property Disorderly Conduct (Excluding Indecent Public Nuisance, Excessive Noise, Breach of Peace, Exposur~) Urinating in Public, Fighting, Pedestrian Interference Domestic Violence Related Offenses DV Assault, DV Reckless Endangerment DUI or Physical Control Operating Vessel While Intoxicated, Minor Operate Vehicle After Consuming Alcohol OWLS 1st and 2"a Deg_ree Driving with a Suspended License First and Second Degree OWLS 3rd Degree Driving with a Suspended license Third Degree Harassment Stalking, Cyberspace Stalking, Telephone Harassment, Harassment Threaten Property, DV Harassment Hit and Run-Attended and Unattended Hit and Run Unattended Vehicle/Property, Hit and Run Accident/Injury, Hit and Run Bike/Pedestrian Malicious Mischief Graffiti, Property Destruction Obstructing a Public Servant Hindering Police, Obstructing Liquor Officer Racing Racing Vehicles Rec~less Driving Reckless Driving Simple Traffic Offenses No Valid Driver License, Fail to Transfer Title Within 45 days, Trip Permit Violation Theft/Shoplifting Identity Theft, Theft of Rental/Lease Property Violation of a Protection Order/ No Protection Order Violation, Restraining Order Violation, No Contact Order / Restraining Order Contact Order Violation Weapons Related Offenses Possession of a Dangerous Weapon, Aiming or Discharging Firearm, Carryin_g Concealed Pistol Without Permit OPD Model Public Defense Misdemeanor Case Weighting Policy -2019 Appendix B --Case Weighting Summary Chart Criminal Charge Categories Weighted Credits Alcohol Related Offenses (excluding DUI) 0.50 credits Assault (not Domestic Violence) 1.0 credit Criminal Trespass 1 or 2 0.75 credits Disorderly Conduct (excluding Indecent Exposure) 0.50 credits Domestic Violence -Assault, Reckless Endangerment 1.5 credits DUI and Physical Control 1.5 credits DWLS 1st and 2nd Degree 0.75 credits OWLS 3 rd Degree 0.50 credits Harassment 1.5 credits Hit and Run-Attended and Unattended 0.75 credits Malicious Mischief 0.75 credits Obstructing a Public Servant 0.75 credits Racing 1.0 credit Reckless Driving 1.0 credit Simple Traffic Offenses (e.g. No Valid Driver's License) 0.50 credits Theft/Shoplifting 0.75 credits Violation of a Protection Order/No Contact Order/Restraining Order 0.75 hours Weapons Related Offenses 1.0 credit All Other Unlisted Misdemeanors 0.75 credits Resolution Categories Sentence Violations and Other Non Charge Representations No less than 1/3 of a case Early Non-Criminal Resolution per Regular Practice: No less than 1/3 of a case OWLS 3, NVOP w/o ID, MIP/MIC, False ID, Minor FreQuent Tavern. POM, POOP, Di;arderly C-onouct. lfesming Arresr, Noise vI01arions, CrimmaI Trespass, Hit & ~un, False Statement to Public Servant. Obstructing, Malicious Mischief. Theft. Possernon of Stolen Property. Unlawful Recreational Fishing 2nd Degree. Unlawful Possession of ;ii ln;::i~pri r.iflc or chnta11n Jn mnt-'"lr •1ohir-lo Guilty Plea to Criminal Charge at Arraignment or First Appearance Hearing: Equals 1 case pursuant to Standard 3.5 OPD Model Public Defense Misdemeanor Case Weighting Policy -2019