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Page 1 of 8 <br /> <br />AGREEMENT FOR KITTITAS COUNTY UPPER DISTRICT COURT INDIGENT <br />DEFENSE SERVICES 2025 <br /> <br />This agreement is entered into by and between the County of Kittitas (County), a political <br />subdivision of the State of Washington, and Heritage Law Office, Elizabeth Gagley, Contracting <br />Attorney WSBA #54517. <br />1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, <br />public defender services for eligible indigent criminal defendants in cases filed in the Superior <br />Court as set forth in this agreement. The Contracting Attorney or other assigned counsel shall <br />provide legal representation for each assigned defendant from the time of receiving notice of <br />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. All cases assigned to the Contracting Attorney as of the date of termination of this <br />contract for which the next set hearing date is within 180 days after such date of termination will <br />be handled as set forth above; provided, that in any case where the client fails to appear for a trial <br />or hearing after termination of the contract, the Contracting Attorney may withdraw from <br />representation subject to order of the court and thereafter the Contracting Attorney shall have no <br />obligation herein to represent the client or accept reappointment thereafter. <br /> <br />2. Heritage Law as as Independent Contractor. The parties recognize and affirm the <br />understanding that the Attorney is an independent contractor having no relationship to the <br />County except to provide professional legal defense services to the persons officially assigned to <br />the Attorney pursuant to this Contract. Neither the Attorney nor any employee of the Attorney is <br />an employee of the County. Neither the Attorney nor any employee of the Attorney is entitled to <br />any benefits that the County provides its employees. The Attorney will provide the Kittitas <br />County Department of Public Defense with proof of a valid Washington Uniform Business <br />Identification number before commencement of work. The Attorney is solely responsible for the <br />timely payment of any taxes, assessments, statutory workers compensation, or employer’s <br />liability insurance as required by Federal or State law for the Attorney and any employees of the <br />Attorney. The Attorney guarantees such payment and will indemnify the County in that regard, <br />and as provided in Paragrah 8 of this agreement. <br /> <br />3. Applicant Screening. Determination of Indigence for purposes 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/