HomeMy WebLinkAboutExecuted Paul Mcbride Defense ServicesAGREEMENT FOR KITTITAS COUNTY SUPERIOR COURT INDIGENT
TIEFENSE SERVICES (2020)
T'his agreement is entered into by and between the County of Kittiras (County) and the Superior
Court of Washinglon in and for Kittitas County and Paul McBride (Contracting Aftorney, WSBA
#47s74).
l. 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 Attorney or other assigned counsel
shall provide legal representation for each assigned defendant from the time of receiving notice
of appointment tlxough every stage of the legal proceedings at the Superior court level incluciing
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 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 alfirm the understanding that
the Attomey 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 Ccntract. Neither the Attorney nor ally employee of the Attomey is an employee of the
Coturty. Neither the Attorney nor any employee of the Aftorney 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 ldentification number before commencement of
work. The Attorney is solely responsible for the timely payment of any taxes, assessments,
statutory workers compensation, or employer's liabilify insurance as required by Federal or state
law for the Attorney and any employees of the Attorney, The Attorney guarantees such payment
and will indemnily the County in that regard.
3. Applicant Screening. Determination of indigence fbr purposes of eligibility for appointed
counsel under this ccntract shall be made by a screening process established by the Court.
Counsel is under no obligation to determine a person's eligibility or ccntinuing 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 clo so within the bounds of applicable ethical rules/
professional standards, shall promptly noti$ the appointing court of such possibility.
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4" Associated Counsel. Any counsel associated with or employed by the Ccntracting Attomey
shall have the authority to perform the services called for herein, and the Contracting Attorney
may employ andlor associate counsel to assist him/her. The Conhacting Attorney and all
counsel empioyed or associated pursuant to this section shaii be acimitted to the practice of law in
the State of Washington and be in good standing as such, shall cemply with applicable
provisions of CrR 3.1 Standards for Indigent Defense, and shall have a minimum of five years'
experience in the criminai iaw legai fieid (defense attorney andror prosecutor andlor judicial).
The Contracting Atlorney shall be responsible fbr performance of this Agreement
notwithstanding that o*rer 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 emplcyment of cornsel lbr purposes of performing the services called herein, and
shall inehtde in sr-tsh notifisation doeumentation regarding the baek-gror:nel, education, training,
experience and qualifications ofsuch 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 Attcrney's selection of any counsel associated *.ith
or emploved 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 defbnse services shall complete $even hours of eontinuing
legal education approved by the Washinglon State Office olPublic Defense within each calendar
year in courses relating to ttreir public defense practice. (RCW 10.101.050; CrR 3.1 Standards)
Attorneys providing public defense services shall comply with all applicable standards, training
and/nr nerfi fincfinn renrtirpmenfc qe ma'-r ho "onrrito.l hrr nn.r-r -'l- ^* --n,,1^+i^^- ^-,.l -L^lt*tru/v. wwrrirrw4rruir i*iiurrvi,riLrri.J cJ ititej LrE tgLiLiii{r.-i uJ uuliii, iuiv ui icBuiauuliS aiic Snaii
provide written prcof of such compiianee to the eourt.
6. Certification. Attcmeys providing publie Cefbnse services shali ccmply with the Standards foi
Indigent Defense adopted by the Supreme Court. Each attomey shall provide a Certification of
Compliance with the applicabie standards as required by CrR 3.1 which shall be filed with the
Suoerior Court aclministrator on the last Mcndav of each Januarv. Anril- .lulv- and Ocrnher hv rhe
Contracting Attorney and any associated or employed attomey providing legal defense in
Superior Court under this agreement. The certification shall also include caseload reporting by
the attorney ecrnsistent with the reqr.1i1s6"ttts imposed tpon tle Cor:ntv by RCW 10.101.050.
7. Liabilify of Contracting Parties, Attorney as Independent Contractor. Each party to this
agreement shall be respclnsible for the negligent acts or omissions of its own employees, officers
or agents in the perfbtmance 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 cr corporation not a party to this agreement.
8. Proof of Prnfessional 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
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COUNTY should there be any claims, suits, actions, costs, damages or expenses arising fromany negligent or intentional act or omission of the CONTRACTOR or subcontractor or agents ofeither, while performing under the terms of this contract. During the term of this agreement orextensions thereof, any attorney providing services under this contract shall secure and maintainat her own expense a policy of comprehensive professional liability insurance with an insurancecompany licensed to do business in the State of Washington. CONTRACTSR shall instruct theinsurers to give Cou\iTY 3O-days advance notice of any insurance cancellation. Said policyshall have limits olnot less than $100,000 per occurrence and $i00,000 annual, aggregate limit.
9' Indemnifiication. The Contracting Attomey shall indemnify, defend and hold the County, its
elected officials' officers and employees harmless from any and all claims whatsoever arising outof 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) andlor by reason ofaccident, injury or death caused to persons or property ofanykind occurring, except to lhe extent they are caused by the fault or neglect of the County or theCourt.
l0' Term of Agreement. Provision of services pursuant to this Agreement shall commence Januaryl,2020 and terminate on December 31, z}2a,unless this Agreement is terminated earlier
pursuant to the provisions of Paragraph 18, and the Contracting Attorney shall provide service toall delendants 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 3l,za2},unless the contract is terminated
earlier, in which case the contract shall apply to all referals made until 5:00 p.m. on the date oftermination of the contract.
ll' 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 6T felony
cases' or an average number of 5.58 per month, plus l3 juvenile offender cases in that period, anaverage of 1.08 per month,
12. compensation. The conhacting Attomey shall be paid as follows:
The sum of sixty five thousand one hundred sixty four dollars ($65,164) per year paid in equalmonthly installments on the second Monday of the month.o Jury Trial: Shall be paid an additional $375 per diem for jury trial. The Contracting Attorney
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
finai (appealable) decision of the Court, as the case may be. Attorney does not need to sign a
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withdrawal. For the purposes ofjuvenile court proceedings not involving cammifment ta the
custody of the Department of Social and Health Services Juvenile Rehabilitation the case is not
completed unti I the conclusion of supervision.
14. Investigators. The Court wiil set aside sutl-icient funds out of its pubiic defender budget to fund
<iefense investigators. Public Defenders may file ex parte motions for such investigator funds.
15. Costs. The Contracting Attorney shall receive copies of all pleadings hled in their client's
Superior Court case file in the Kittitas Counff Clerk's Office at no cost to the attorney. The
Clerk shall bill those expenses directly to the Superior Court.
15, Experts. The court will set asi,Je sufticient funds for expert defense witnesses. Public
lJefenders may fiie ex parte motions for such expert witness fi:nds.
17. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary
arnount of time and preparation, Counsel may apply to the Court in writing and suhject to
CR1lA, lor such additional compensation as the Court determines tc be appropriate.
18. Confiict Counsel. The cost of conflict counsel shall be paid by the County and not by the
contracting attomey. If the Contracting Attorney or any employed or associated attorney is
precluded from representing a client because of a conflist which cannot be resolved by transfer
of the case between the Contracting Attorney and employed or associated counsel, the attomey
shall prcmptly no.riff the Couit by nctice *f '*rithdrav;al and substitution cf a:rcther attornoy
quaiifie<i under the terms of Paragraph 4. Coniiict connsei shali be paid at the same pei case
compensation rate as the Contracting Aftorney. For the purposes of this provision, a Conflict of
Inierest requiring any replacement of counsel shall be as def;ned in the applicable RPCs (R*les
of Professionai Conciuct) promuigateei by ihe Wasiringron Supreme Couri.
IQ- Tprrninqfirrrr
a. For Caqle: 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
correeted to the reasonable satis{bction of the inj':red party in a timely marrner after notlce c'f
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. Fsr Reasons geyond the Parties' Control: Either party may terminate this Agreement
immediately without recotxse by the other where perfbrmance is rendered impossible or
impracticable for reasons beyond such party's control, including but not iimited to acts of nature,
waro riot, personal disability or superior governmental regulation or control.
c. Witholt Cause: Either parly may terminate this Agreernent without cause upon 90 days written
notice, which date of termination shall correspond to the last day of a calendar month. The
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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.
2l' Nondiscrirnination. 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 deliveiy'of publicdefense services- Counsel shall comply with atl 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 toclient contact, and will provide sufficient support staff to provide for elfective assistance of
counsel.
23" Entire Agreement. This instrument contains the entire Agreement between the parties and maynot be enlarged, modified, or altered except in vwitings signecl by the parties.
IN WITNESS WIIEREOF, the parties have executed this Agreement on the .-_.-- dayNovem
MeBride, WSBA #47574
Contracting Attorney
ADOPTED this l1 r^day of
T
J Scctt R.
Kittitas County Superior Court
2419
BOARD OF COUNTY COMMISSIONERS
KITTI TAS COUNTY, WA$HI NGTON
cory
r.
B hair
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Commissioner
coMMls.r.
$ll
1l
APP
i .:,t/<_
Douglas R. Mitchel
Julie Kjorsvik
TO FORM
v"+
Deputy Prosecuting Attorney
n of the Board- Mandy Buchholz
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