The URL can be used to link to this page

Home My WebLink AboutAGREEMENT FOR 2022 INDIGENT DEFENSE SERVICES 1 AGREEMENT FOR KITTITAS COUNTY LOWER DISTRICT COURT INDIGENT DEFENSE SERVICES (2022) This agreement is entered into by and between the County of Kittitas (County) and Eileen Murphy Young (Contracting Attorney). 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 Lower Kittitas County District Court (Court) as set for 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 motions and orders of indigence for direct appeals and notice of appeal. 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 8:30 am (Wednesdays at 8:30 am when Monday is a holiday). In addition, the Contracting Attorney shall provide legal representation at the in-custody/DUI arraignment calendars held on Mondays at 12:30 p.m. (Tuesdays-Friday at 1:00 p.m.). 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. 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. 3. 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 of law in the State of Washington and be in good standing as such, shall comply with Standards for Indigent Defense 14.1 and 14.2.K, 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 for 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 2 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. 4. Training. Attorneys providing public defense services shall attend training approved by the Washington State Office of Public Defense at least once per calendar year. (RCW 10.101.050) 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. The County shall reimburse Contracting Attorney up to $5,000 per year for training costs incurred by Contracting Attorney during the calendar year. As may be deemed appropriate by the Contracting Attorney, this fund may also be used to reimburse Associated Counsel for training cost. Reimbursable training costs include tuition, transportation, mileage, meals and lodging costs. 5. 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 Lower District Court administrator on or about each January, April, July and October by the Contracting Attorney and any associated or employed attorney providing legal defense in Lower District Court under this agreement. 6. 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, officer or agents in the performance of this agreement. Neither party shall be considered the agent of the other and neither party assumes 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. 7. Proof of Professional Liability Insurance. During the term or extensions thereof, any attorney providing services under this contract shall secure and maintain a policy of comprehensive professional liability insurance with an insurance company licensed to do business in the State of Washington. Said policy shall have limits of not less than $100,000 per occurrence and $300,000 annual, aggregate limit. 8. 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. 9. Term of Agreement. Provision of services pursuant to this Agreement shall commence January 1, 2022, and terminate on December 31, 2022, unless this Agreement is terminated earlier pursuant to the provisions of Paragraph 22, and the Contracting 3 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, 2022, unless the contract is terminated earlier, in which case the contract shall apply to all referrals made until 5:00 PM on the date of termination of the contract. 10. Caseload Standards. The caseload limits set forth in this agreement include a case weighting system for establishing caseloads. Over the course of any 365 day period, the Contracting Attorney (and any associated or employed counsel) shall not handle a caseload of more than 300 cases, or an average number of 25 per month. New filings that include charges of DUI, Physical Control, Domestic Violence, stalking, harassment, cyberstalking, telephone harassment, Assault 4, Violation of No Contact Order, violation of Order of Protection, or violations of Fish and Wildlife Enforcement Code under RCW 77.15 (except as noted below) are full cases for caseload and compensation purposes. As a matter of regular practice the other criminal matters in this district court are routinely resolved at an early stage of proceedings, by stipulated stays of proceedings, reduction of charges to infractions, or reduction to less serious criminal offenses with sentencing alternatives such as community service or workcrew requirements. All other new filings, except for DWLS 3, NVOL without ID, MIP/MIC, false ID, minor frequenting a tavern, POM, PODP, disorderly conduct, resisting arrest, noise violations, Criminal Trespass, Hit and Run, False Statement to a Public Servant, Obstructing, Malicious Mischief, Theft, Possession of Stolen Property, unlawful recreational fishing second degree (RCW 77.15.380) and unlawful possession of a loaded rifle or shotgun in a motor vehicle (RCW 77.15.460(1) are weighted as 2/3 of a case for caseload and compensation purposes. All DWLS 3, NVOL without ID, MIP/MIC, false ID, minor frequenting a tavern, POM, PODP, disorderly conduct, resisting arrest, noise violations, Criminal Trespass, Hit and Run, False Statement to a Public Servant, Obstructing, Malicious Mischief, Theft, Possession of Stolen Property, unlawful recreational fishing second degree (RCW 77.15.380) and unlawful possession of a loaded rifle or shotgun in a motor vehicle (RCW 77.15.460(1) are weighted as 1/3 of a case for caseload and compensation purposes. Each case or weighted case that proceeds to jury trial shall also be assigned the value of one additional case for caseload standard purposes. Each case or weighted case that proceeds to a contested bench trial1 shall also be assigned the value of 2/3 of an additional case for caseload standard purposes. For example, a DUI case that goes to jury trial will be counted as a caseload standard of two cases; a DWLS 3 charge that goes to bench trial will be counted as a caseload standard of one case. All new filings of probation violation matters are weighted as 1/3 of a case for caseload and compensation purposes. 11. “New filing” Defined. A “new filing” is defined as a criminal file or files involving a defendant arising from the same incident or course of conduct. Each “new filing” is a “case” which is then weighted for caseload standards and compensations purposes. For example, if a defendant is charged with DUI and DWLS 2nd degree in one citation and obstructing law enforcement in another citation, but all three charges arise from the 1 “Contested bench trial” does not include bench trials following revocation of a deferred prosecution, stipulated stay of proceedings, or other similar agreement. 4 same incident or course of conduct, those charges will be collectively considered a single “new filing.” Since DUI is a full case, those matters would be classified as one full case for caseload and compensation purposes. However, if for example, a defendant is charged with MIP and Disorderly Conduct and those charges both arise out of the same incident those would collectively be a “new filing” and be weighted collectively as 1/3 of a case for caseload standard and compensation purposes. In addition, if a defendant has multiple probation violation files involving common violation allegations (but were separate cases when initially filed for the underlying criminal charges) those probation files will collectively be deemed a “new filing” and will be weighted collectively as 1/3 of a case. 12. Compensation for Assigned Cases. The Contracting Attorney shall be paid $500 per month. In addition, the Contracting Attorney or any associated or employed attorney shall be paid $300 for each case assigned, $200 for each 2/3 weighted case, and $100 for each 1/3 weighted case. The Contracting Attorney or any associated or employed attorney shall also be paid an additional sum of $300 for each assigned full case or weighted case that proceeds to jury trial and $200 for each contested bench trial.2 Attorney billing statements for assigned cases shall include the defendant’s name, all affiliated case numbers that were assigned by the court for that defendant, and the associated monetary amount due using the weighted standards described in the Caseload Standards and “New Filing” Defined provisions set forth above. 13. Compensation for Arraignment and First Appearance Calendars. The Contracting Attorney or any associated or employed attorney shall be paid $350 for each Monday morning arraignment calendar at 8:30 am (Wednesday morning at 8:30 a.m. when Monday is a holiday). The Contracting Attorney or any associated or employed attorney shall be paid $150 for each in-custody/DUI arraignment calendar held at 12:30 pm on Mondays (1:00 pm Tuesday – Friday, or when Monday is a holiday). Cases for which the Contracting Attorney or any associated or employed attorney are appointed for the limited purpose of these hearings are not considered a “case” or part of the attorneys “caseload” for caseload management or compensation purposes because most defendants at those hearing are ultimately found eligible for a public defender to represent them for the entire matter. When that case specific appointment occurs the defendant’s matter is then applied toward the attorney’s caseload. Attorney billing statements for Arraignment and First Appearance Calendars 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. 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. Experts. The court will set aside sufficient funds for expert defense witnesses. Public Defenders may file ex parte motions for such expert witness funds. 2 See footnote 1. 5 16. 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: $60 per hour for each hour over ten (10) hours. 17. Conflict of Interest. 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. 18. Private Practice and/or appointments from other courts: Contracting Attorney. The “caseload” defined in paragraph 10 is deemed by the parties to constitute a “full time” caseload. To the extent that the Contracting Attorney and any associated or employed counsel takes on public defense clients for other courts and/or privately retained clients in any court they will reduce their public defender case load in this court in proportion to the additional cases which are privately retained or referred from other courts. In calculating any reduction required in the Contracting Attorney’s (or any associated or employed counsel) Lower County District Court public defender caseload, felony cases shall be deemed the equivalent of two full cases. 19. Private Practice and/or appointments from other courts: associated counsel. To the extent that the Contracting Attorney employs or associates with other counsel as described in paragraph 3, such counsel shall be subject to the “full time” case load limits set forth in paragraphs 10, 11, and 18. 20. Reporting. The Contracting Attorney and any associated or employed counsel shall report the total number of public defense misdemeanor/gross misdemeanor and felony cases handled by each attorney on a quarterly basis and report “hours billed for nonpublic defense legal services…including number and types of private cases” on an annual basis. (RCW 10.101.050) 21. Changes of Venue to the Upper Kittitas County District Court. The Contracting Attorney remains responsible for representation of appointed clients when a case originally filed in the Lower Kittitas County District Court is transferred to the Upper Kittitas County District Court pursuant to RCW 3.20.100 or other applicable law. 22. 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. 6 (b) For Reasons Beyond 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 superior governmental 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 contracting attorney shall be responsible for completion of cases assigned prior to the effective date of termination. 23. 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. 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the _________ day of __________________, 2021. _____________________________________________ Eileen Murphy Young Contracting Attorney _____________________________________________ Brett Wachsmith, Chariman