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AGREEMENT FOR KITTITAS COUNTY UPPER DISTRICT COURT INDIGENT <br />DEFENSE SERVTCES (2026) <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 affange for the provision of, <br />public defender services for all eligible indigent criminal defendants in cases frled in the Upper <br />District Court (Court) as set forth in this agreement. The Contracting Attorney or other assigned <br />counsel shall provide legal representation for each assigned defendant from the time of receiving <br />notice of appointment through every stage of the legal proceedings at the Upper District court <br />level including sentencing and the processing of notices of appeal and motions for orders of <br />indigence for direct appeals. After the termination of this agreement. All cases assigned to the <br />Contracting Attorney as of the date of termination of this contract for which the next set hearing <br />date is within 180 days after such date of termination will be handled as set forth above; <br />provided, that in any case where the client fails to appear for a trial or hearing after termination <br />of the contract, the Contracting Attorney may withdraw from representation subject to order of <br />the court and as allowed by court rule and thereafter the Contracting Attorney shall have no <br />obligation herein to 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 Attorney nor any employee of the Attorney is an employee of the <br />County. Neither the Attomey nor any employee of the Attorney 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 Attorney and any employees of the Attorney. The Attomey <br />guarantees such payment and will indemnifu 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 />professional standards, shall promptly notifu the Kittitas County Department of Public Defense <br />of such possibility.