HomeMy WebLinkAboutElizabeth Gagley-Contract 2023Page 1 of 6
AGREEMENT FOR KITTITAS COUNTY UPPER DISTRICT COURT
INDIGENT DEFENSE SERVICES 2023
This agreement is entered into by and between the County of Kittitas (County) and Heritage Law
Office, Elizabeth Gagley, Contracting Attorney WSBA #54517
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 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. Heritage Law as Independent Contractor. The parties recognize and affirm the understanding
that the Heritage Law Office 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 Kittitas
County Department of Public Defense with proof of a valid Washington Uniform Business
Identification number before commencement of work. Heritage Law Office 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
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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 Kittitas County Department of Public Defense
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 of law 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 Kittitas County Department of Public Defense 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 Kittitas County Department of Public Defense.
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 Kittitas Department of
Public Defense.
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
Kittitas County Department of Public Defense 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.
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7. 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.
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 March
1, 2023 and terminate on December 21, 2023, 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, 2023, 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.
10. 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
or employed counsel) shall not handle a caseload of more than 300 cases as weighted, or an
average number of 25 per month.
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11. Compensation for Assigned Cases. The Contracting Attorney shall be paid shall be paid as
follows:
• New Appointments: $325 for all new Gross Misdemeanor cases $300 for all new Misdemeanor
cases.
• Probation violation/review cases shall be paid at $200.
• Jury Trial: Shall be paid $375 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.
12. Compensation for Arraignment and First Appearance Calendars. The Contracting Attorney
or any associate or employed attorney shall be paid $350.00 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.
13. 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 $325/$300 for case if prior to disposition status or $200.00 for case at probation hearing
status.
14. Investigators. The Kittitas County Department of Public Defense will set aside sufficient funds
out of its budget to fund defense investigators. Public Defenders may file ex parte motions for
such investigator funds.
15. Experts. The Kittitas County Department of Public Defense will set aside sufficient funds for
expert defense witnesses. Public Defenders may file ex parte motions for such expert witness
funds.
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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: $75 per
hour for each hour over ten (10) hours.
17. 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 Kittitas County Department of Public Defense 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. 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 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.
19. 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.
20. 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.
21. 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.
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22. 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
___________________, 2023.
___________________________________ ________________________________
Elizabeth Gagley WSBA#54517
Contracting Attorney
Cory Wright, Chairman
Brett Wachsmith, Vice-Chair
Laura Osiadacz, Commissioner
ATTEST: APPROVED AS TO FORM:
_______________________ _________________________________
Stephanie Hartung, Deputy Prosecuting Attorney
☐ Clerk of the Board- Julie Kjorsvik
☐ Deputy Clerk of the Board- Mandy Buchholz
15th
Febraury