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HomeMy WebLinkAboutMargie Alumbaugh-contract (3)KITTITAS COUNTY Board of County Commissioners AGENDA STAFF REPORT AGENDA DATE: December 5, 2023 ACTION REQUESTED: Request to Approve a Contract for Indigent Public Defense Services. BACKGROUND: This contract would be in effect from January 1, 2024 — December 31, 2024. INTERACTION: The Prosecutor's office has reviewed the proposed Resolution. The Prosecutor did not suggest any revisions to the document. RECOMMENDATION: Approve a Contract for Indigent Public Defense Services for Margie Alumbaugh for cases appointed in Kittitas County Superior and Juvenile Court. HANDLING: Original — Clerk of the Board Copy — Auditor Copy — Department of Public Defense ATTACHMENTS: Agreement for Kittitas County Indigent Defense Services LEAD STAFF: Eileen Murphy, Director Kittitas County Department of Public Defense AGREEMENT FOR KITTITAS COUNTY INDIGENT DEFENSE SERVICES (2024) This agreement is entered into by and between the County of Kittitas (County) and Alumbaugh Law, Marjorie Alumbaugh (Contracting Attorney, WSBA #44091). 1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, public defender services for eligible indigent criminal defendants in cases filed in the Superior Court and Lower and Upper County District Courts 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 Superior court level including sentencing and the processing of notices of appeal and motions for orders of indigence for direct appeals. After the termination of this agreement. All cases assigned to the Contracting Attorney on the date of termination 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 as allowed by court rule 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 Attorney 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. The Attorney 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, and as provided in Paragraph 8 of this agreement 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/ Page 1 of 6 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 him/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 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 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 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 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 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 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. 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 CrR 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 Kittitas County Courts 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. 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 Page 2 of 6 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. 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 $1,000,000 per occurrence and $2,000,000 annual, aggregate limit. Kittitas County shall be endorsed as an additional insured and the Contracting Attorney shall provide proof of insurance satisfactory to the county under this paragraph prior to execution of this agreement. 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. The indemnification obligations contained in this Paragraph shall not be limited by any worker's compensation, benefit or disability laws, and the indemnifying party hereby waives (solely for the benefit of the indemnified party) any immunity that the indemnifying party may have under the Industrial Insurance Act (Title 51 RCW) and similar worker's compensation, benefit, or disability laws. 9. Term of Agreement. Provision of services pursuant to this Agreement shall commence January 1, 2024, and terminate on December 31, 2024, 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, 2024, 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. Scope of Work. 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 handle a caseload of up to, but no more than 50 cases in district court, an average of 4.16 per month, and 75 felony cases, or an average number of 6.25 per month, or as in accordance with rules established by the Supreme Court of Washington, whichever is lesser. 11. Compensation. Contracting Attorney shall be paid as follows: The sum of one hundred fifty thousand dollars ($150,000) per year paid in equal monthly installments on the second Monday of the month. Page 3 of 6 • Jury Trial: Shall be paid an additional $375 per diem for jury trial. The Contracting Attorney shall provide invoices to the Kittitas County Department of Public Defense for all trial per diem pay. Those invoices will be provided within 30 days of the last day of trial. 12. Policy as it refers to appointments: At the conclusion of the case, the Contracting Attorney is deemed automatically withdrawn upon the filing of a notice of appeal or 30 days after the final (appealable) decision of the Court, as the case may be. For purposes of this paragraph, Contracting Attorney does not need to file a notice of withdrawal unless ordered by the court or required by court rule. 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. 13. 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. 14. Costs. The Contracting Attorney 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 Kittitas County Department of Public Defense. 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. 16. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary amount of time and preparation, Counsel may apply to the Kittitas County Department of Public Defense in writing and subject to CRI IA, for such additional compensation as the Department determines to be appropriate. 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 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. Page 4 of 6 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. The parties shall take reasonable steps to mitigate their damages to the extent required by Washington State law and either party may seek any remedy for breach they may be entitled to. 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 no less than 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. Professional Responsibility. Contracting attorney shall adhere to the Rules of Professional Conduct promulgated by the Washington Supreme Court and otherwise hold themselves up to the highest ethical standard of professional responsibility and conduct. 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 to client 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. 24. Choice of Law and Venue. The parties agree that this contract shall be governed by Washington State law and any action for breach or other remedy at law or equity shall be instituted only in the Superior Cour of Kittitas County. Page 5 of 6 25. Severance Clause. If any term of this contract shall be held to be invalid or unlawful, the remainder of the agreement shall be deemed valid and enforceable as if such term were excised. IN WITNESS W REOFhe I? ties have executed this Agreement on the day of November, 2023. !1 ,._ Mai joric Al Contracting ADOPTED this day of December 2023. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chair Laura Osiadacz, Commissioner ATTEST: APPROVED AS TO FORM: Jesse Eldred, Deputy Prosecuting Attorney ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz Page 6 of 6