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Page 1 of 6 <br /> <br />AGREEMENT FOR KITTITAS COUNTY UPPER DISTRICT COURT <br />INDIGENT DEFENSE SERVICES (2021) <br /> <br />This agreement is entered into by and between the County of Kittitas (County) and Marjorie D. <br />Alumbaugh (Contracting Attorney, WSBA #44091). <br /> <br />1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, <br />public defender services for all eligible indigent criminal defendants in cases filed in the Upper <br />Kittitas County District Court (Court) as set forth in this agreement. The Contracting Attorney <br />or other assigned counsel shall provide legal representation for each assigned defendant from the <br />time of receiving notice of appointment through every stage of the legal proceedings at the <br />district court level including sentencing and the processing of notices of appeal and motions for <br />orders of indigence for direct appeals. The Contracting Attorney shall provide legal <br />representation for review hearings (e.g. probation review hearings) when appointed for that <br />purpose. The Contracting Attorney shall also provide legal representation for the arraignment <br />calendars held on Mondays at 9:00 am. All cases assigned to the Contracting Attorney as of the <br />date of termination of this contract for which the next set hearing date is within 45 days after <br />such date of termination will be handled as set forth above; provided, that in any case where the <br />client fails to appear for a trial or hearing after termination of the contract, the Contracting <br />Attorney may withdraw from representation subject to order of the court and thereafter the <br />Contracting Attorney shall have no obligation herein to represent the client or accept <br />reappointment thereafter. <br /> <br />2. Attorney as Independent Contractor. The parties recognize and affirm the understanding that <br />the Attorney is an independent contractor having no relationship to the County except to provide <br />professional legal defense services to the persons officially assigned to the Attorney pursuant to <br />this Contract. Neither the Attorney nor any employee of the Attorney is an employee of the <br />County. Neither the Attorney nor any employee of the Attorney is entitled to any benefits that <br />the County provides its employees. The Attorney will provide the Court Administrator with <br />proof of a valid Washington Uniform Business Identification number before commencement of <br />work. The Attorney is solely responsible for the timely payment of any taxes, assessments, <br />statutory workers compensation, or employer’s liability insurance as required by Federal or state <br />law for the Attorney and any employees of the Attorney. The Attorney guarantees such payment <br />and will indemnify the County in that regard. <br /> <br />3. Applicant Screening. Determination of Indigence for purposes of eligibility for appointed <br />counsel under this contract shall be made by a screening process established by the Court. <br />Counsel is under no obligation to determine a person’s eligibility or continuing eligibility to