HomeMy WebLinkAboutContract Services McBrideAGREEMBNT FOR KITTITAS COUNTY SUPERIOR COURT INDIGENT
DEFENSE SERVICES (2021)
This agreement is entered into by and between the County of Kittitas (County) and the Superior
Court of Washington in and for Kittitas County and Paul McBride (Contracting Attorney, WSBA
#47574).
1. Scope of Services. The Contracting Attomey agrees to provide, or arrange for the provision of,
public defender services for all eligible indigent criminal defendants in cases filed in the Superior
Court (Court) as set forth in this agreement. The Contracting Attomey 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 Superior court level including
sentencing and the processing of notices of appeal and motions for orders of indigence for direct
appeals. 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 180 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 Attomey 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 Aftomey 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 Attomey 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 Attomey 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 Attomey 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
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.
Page I of 6
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 him/her. The Contracting Attomey and all
counsel employed or associated pursuant to this section shall be admitted to the practice of law in
the State of Washington and be in good standing as such, shall comply with applicable
provisions of CrR 3.1 Standards for Indigent Defense, and shall have a minimum of five years'
experience in the criminal law legal field (defense attomey 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 Attomey
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 documentation 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 Attomey'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; CrR 3.1 Standards)
Attorneys providing public defense services shall comply with all applicabie 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. Attomeys 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 CrR 3.1 which shall be filed with the
Superior 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
Superior Court under this agreement. The certification shall also include caseload reporting by
the attomey consistent with the requirements imposed upon the County by RCW 10.101.050.
7. Liability of Contracting Parties, Attorney as trndependent Contractor. Each party to this
agreement shall be responsible for the negligent acts or omissions of its own employees, officers
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
Page 2 of 6
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 attomey 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. 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.
9. Indemnification. The Contracting Attomey 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 Attomey (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
7,2021and terminate on December 3I,202\, unless this Agreement is terminated earlier
pursuant to the provisions of Paragraph 18, 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 31,202'1., 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.
11. Scope of Work. Over the course of any 365-day period the Contracting Attomey (and any
associated or employed counsel) shall handle a caseload of up to, but no more than 67 felony
cases, or an average number of 5.58 per month, plus 13 juvenile offender cases in that period, an
average of 1.08 per month.
12. compensation. The contracting Attomey shall be paid as follows:
The sum of sixty-seven thousand and eighty six dollars ($67,086) per year paid in equal monthly
installments on the second Monday of the month.
. Jury Trial: Shall be paid an additional $375 per diem for jury trial. The Contracting Attomey
shall provide invoices to the Court Administrator for all trial per diem pay. Those invoices will
be provided within 30 days of the last day of trial.
13. Policy as it refers to appointments: At the conclusion of the case 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
Page 3 of 6
withdrawal. For the purposes of juvenile court proceedings not involving commitment to the
custody of the Department of Children, Youth and Families Juvenile Rehabilitation the case is
not completed until the conclusion of supervision.
14. 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.
15. Costs. The Contracting Attomey shall receive copies of all pleadings filed in their client's
Superior Court case file in the Kittitas County Clerk's Office at no cost to the attorney. The
Clerk shall bill those expenses directly to the Superior Court.
16. Experts. The court will set aside sufficient funds for expert defense witnesses. public
Defenders may file ex parte motions for such expeit witness funds.
lT.Extraordinary cases. If a public defender is assigned a case which requires an extraordinary
amount of time and preparation, Counsel may apply to the Court in writing and subject to
CR11A, for such additional compensation as the Court determines to be appropriate.
18. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the
contracting attomey. If the Contracting Attomey or any employed or associated affomey 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 attomey
qualified under the terms of Paragraph 4. Conflict counsel shall be paid at the same per case
compensation rate as the Contracting Attorney. For the purposes of this provision, a Conflict of
Interest requiring any replacement of counsel shall be as defined in the applicable RpCs (Rules
of Professional Conduct) promulgated by the Washington Supreme Court.
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. For Reasons Bevond the Parties' Control: 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 superibr goverrrmental regulation or control.
c. Without Cause: 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
Page 4 of 6
contracting attomey 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 Attomey shall not discriminate or tolerate harassment on thebasis of race' color, sex, religion, national origin, marital status, sexual orientation, age, or thepresence of any sensory, mental, or physical disability in the administration or delivJry of publicdefense services. Counsel shall comply with all fedeial, 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 toclient contact, and will provide sufficient support staff to provide for effective assistance of
counsel.
23' 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.
IN WITI\ESS WHEREOF, the parties have executed this on the stu of
WWW w(w 2021.
9,t,-r
^,We&l^!-LPaul McBride, WSBA #47574
Contracting Attorney
udge Scott R.
Kittitas County Superior Court
ADoPTEDthis 5tr dayor 'Wu%, .e4t*4
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Chairman
Vice-Chair
Commissioner
Page 5 of 6
consaptlng at{omey shsll be reo.po:uib'le for ggmpletionof eiisix as-sigined p;rior:to 1lig,s-ffec11r*
dxte of teminatiqn,
20. Amendmenta. No modificafion or amendment cf the provisionr of this Agreement sha]] be
effective unless in writing and eigned,by tho authorized rgpresentrtivo of the parties herero.
2 1. Nondiglrdmft rstio_n,sr tbleraie harassmer.rt on tlie
basis of .racs;, pplor,,sex,sexua!'or,ientation, age., or, the
prepql c+ of any, sgr$or-J, t1€nlst ,og pljplq{!,cltuability,lfi tra arldini@iion o,r rlelivery of pub}ic
defense'servic€s; Coufl$el:shall,comply,nrith,allfsdsr{L3tate,:and:loctlnon-dler:riminerion
requircments;
?!. Phycical Office/C.ommgntcatlurs,npd,$uiiport $taff; The:Conqacdng Aft!1ngy wtll maintain
a p.hygic-il officg:or havB acc-ess,ib qr Of.tido'lhei oc€oritmoddfsg cOnfidsfitial rnretlng with
clientsl maintoin *po$al eddress ffid edeqpsre telpphone seryice:to ensure prompt response to
cli€nt cdntsct,,and,udll prpvide,sdficient,support ttNfftu provids:for affsctivs esfffuunce,of
counsel,
2t, SntircAgmcment, Thip'fulrument contiiio,ihe eatiislrgreemwrt'bstween the partier and may
rroi,be enlsrged, rnodified, or altend,excspt in,writirry:eigrred,by.rir pirtio*;
rNwr,a{rits
Cgrttrrt*bgAttomcy:
*DOP/fED,lhls,- day ot:Decer,nber 2020.,
Csrrt'
gOAHO.OF;669I{fY,UOHillsgldtlEH$
KITII-IAS COB Nry. !,YASl{l N{i-TO N
,,Bmtt'lltlachsm itt, Ghai rrndn
Lauta Olsladacz, Vlce€halt
Fige:!:G,{5
tllllll,l,/
:
ATTEST: Z
/r/,,11IIilr
/Clerk of the Board- Julie Kjorsvik
n Deputy Clerk of the Board- Mandy Buchholz
= APPROVED AS TO FORM:
/*z ++t I't'<p'Lo
Douglas R.itchell, Deputy ng Attorney
Page 6 of 6