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Indigent Defense Services Paul McBride
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12. December
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2023-12-05 10:00 AM - Commissioners' Agenda
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Indigent Defense Services Paul McBride
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Last modified
12/12/2023 11:01:45 AM
Creation date
12/12/2023 11:01:37 AM
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Meeting
Date
12/5/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve an Agreement between Kittitas County and Paul McBride for 2024 Indigent Defense Services
Order
8
Placement
Consent Agenda
Row ID
111743
Type
Contract
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AGREEMENT FOR KITTITAS COUNTY SUPERIOR COURT INDIGENT <br />DEFENSE SERVTCES (2024) <br />This agreement is entered into by and between the County of Kittitas (County) and Paul McBride <br />(Contracting Attomey, WSBA #47 57 4). <br />1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, <br />public defender services for all eligible indigent criminal defendants in cases filed in the Superior <br />Court (Court) as set forth in this agreement. The Contracting Attorney or other assigned counsel <br />shall provide legal representation for each assigned defendant from the time of receiving notice <br />of appointment through every stage of the legal proceedings at the Superior court level including <br />sentencing and the processing of notices of appeal and motions for orders of indigence for direct <br />appeals. After the termination of this agreement. All cases assigned to the Contracting Attorney <br />as of the date of termination of this contract for which the next set hearing date is within 180 <br />days after such date of termination will be handled as set forth above; provided, that in any case <br />where the client fails to appear for a trial or hearing after termination of the contract, the <br />Contracting Attomey may withdraw from representation subject to order of the court and as <br />allowed by court rule and thereafter the Contracting Attorney shall have no obligation herein to <br />represent the client or accept reappointment thereafter. <br />2. Attorney as Independent Contractor. The parties recognize and affirm the understanding that <br />the Attorney is an independent contractor having no relationship to the County except to provide <br />professional legal defense services to the persons officially assigned to the Attorney pursuant to <br />this Contract. Neither the Attomey nor any employee of the Attorney is an employee of the <br />County. Neither the Attorney nor any employee of the Attomey is entitled to any benefits that <br />the County provides its employees. The Attorney will provide the Kittitas County Department of <br />Public Defense with proof of a valid Washington Uniform Business Identification number before <br />commencement of work. The Attorney is solely responsible for the timely payment of any taxes, <br />assessments, statutory workers compensation, or employer's liability insurance as required by <br />Federal or state law for the Attomey and any employees of the Attorney. The Attorney <br />guarantees such payment and will indemniS' the County in that regard, and as provided in <br />Paragraph 8 of this agreement <br />3. Applicant Screening. Determination of Indigence for pu{poses of eligibility for appointed <br />counsel under this contract shall be made by a screening process established by the Court. <br />Counsel is under no obligation to determine a person's eligibility or continuing eligibility to <br />receive publicly provided representation. However, if counsel subsequently discovers that such <br />person may not be eligible to receive publicly provided representation under applicable laws, <br />rules and standards, Counsel, if able to do so within the bounds of applicable ethical rules/ <br />Page I of6
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