HomeMy WebLinkAboutPK15-077 - Original - O'Brien Law Firm PLLP - Conflict Indigent Defence Services - 03/06/2015 ® j
K"T
Document
�4g5ON ^ }•, �,
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: O'Brien, Barton and Hopkins, PLLP
Vendor Number: 979840
JD Edwards Number
Contract Number: �p `" r 1
This is assigned by City Clerk's Office
Project Name: Conflict Indigent Defense Services
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 01-01-15 Termination Date: none
Contract Renewal Notice (Days): 14
Number of days required notice for termination or renewal or amendment
Contract Manager: Lori Guilfoyle Department: Parks- Human Services
Contract Amount: $0
Approval Authority: ❑ Department Director ®Mayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Human Services General Fund Contract with O'Brien Barton and Hopkins, PLLP, for
Conflict Indigent Defense Services, paid by monthly invoice
adccW10877 8 14
AGREEMENT FOR CONFLICT INDIGENT DEFENSE SERVICES
This Agreement is entered into between the city of Kent, a Washington municipal
Corporation ("City") and Cr` 0z ',"I t nu- t+ !v (��Contractor").
I. DEFINITIONS
A. Contractor. Contractor shall mean the law firm of j� ��, �rr� z ' r vin + Z' 'r ,
and shall mean each attorney and Rule 9 Intern working for the Contractor.
B. Defendant. Defendant shall mean a person charged with a misdemeanor or
gross misdemeanor offense that is filed into the Kent Municipal Court for whom the
Contractor must provide services pursuant to Section II of this Agreement.
II. SCOPE OF WORK AND DUTIES OF CONTRACTOR
A. Criminal Defense Representation - To Whom Provided. Except in cases in
which a conflict of interest exists, Contractor shall provide criminal defense
representation to all defendants who are charged with a criminal offense which falls
within the jurisdiction of the Kent Municipal Court, and for which the Contractor has
been appointed by the Kent Municipal Court as attorney of record pursuant to the
Court's determination of indigence of the defendant and a determination that a
conflict of interest exists with the law firm of Stewart MacNichols Harmell, Inc. P.S.
B. Duration of Representation of Defendant. In cases in which the Contractor is
appointed as attorney of record, Contractor shall represent the defendant at all
stages of the criminal process, from the time of appointment by the court as
attorney of record through the appeals process, as well as during any period in
which the court retains jurisdiction over the terms and conditions of any sentence
or deferral.
III. ATTORNEY DEFENDANT INTERACTIONS
A. Contact Prior to Court Hearings. Contractor shall be available to defendants
to ensure that defendants are provided with effective assistance of counsel.
Defendant access to the Contractor prior to court hearings is paramount. Contractor
will seek timely and confidential information from each defendant regarding
possible defenses, the need for investigation, mental and physical health issues,
immigration status, client goals, and the advisability of additional discovery.
Defendants shall be provided access to the Contractor by means of a toll-free call.
B. Interactions on the Record. Contractor shall appear at all hearings, shall
actively represent each defendant while the defendant's case is considered on the
court record, and shall keep the defendant adequately informed such that the
defendant proceeds in a knowing, intelligent, and voluntary manner.
Agreement for Indigent Defense Services P a g e I S
C. Office or Meeting Space and Equipment Required. At all times during the
term of this Agreement, Contractor shall maintain an office or meeting space to
accommodate confidential meetings. Contractor shall also maintain telephone,
facsimile, and internet services, cellular telephone service, and a location at which
mail and service of process is received.
D. Case Management System. The Contractor shall maintain a process for
recording defendant interactions and work performed on behalf of defendants.
IV. QUALITY OF REPRESENTATION — QUALIFICATIONS - TRAINING
A. Qualifications: Contractor shall, at a minimum, satisfy the minimum
qualifications to practice law as established by the Washington Supreme Court, and
shall provide services in a professional and skilled manner consistent with
Washington's Rules of Professional Conduct, applicable case law, including but not
limited to Wilbur v. Mt. Vernon 989 F.Supp. 2d 1122 (2013) (hereinafter the
"Decision"), Washington State Supreme Court Standards for Indigent Defense, the
Constitutions of the United States and Washington, the court rules that define the
duties of counsel and the rights of defendants, and the City Resolution regarding
indigent defense services. (Exhibit B). The Contractor's primary and fundamental
responsibility shall be to promote and protect the interests of the defendant.
B. Training. Each attorney of the Contractor shall complete a minimum of 21 of
the reportable continuing legal education credits per reporting period in the areas of
criminal defense law or any other subject that, in the opinion of the Contractor, is
applicable to providing criminal defense services.
V. CASELOAD LIMITS
A. Caseload Limits in General. Contractor shall maintain a caseload of no more
than 400 cases per year as provided in Standard 3 of the Standards for Indigent
Defense established by the Washington Supreme Court. In the event Contractor is
handling an excessive number of cases, Contractor shall refuse further appointment
of cases until such time as Contractor's caseload is appropriately reduced.
B. Court Certification. The Contractor shall certify compliance with the caseload
limits with the Kent Municipal Court as required by court rule and shall provide a
copy of the certification to the Human Services Department.
i
VI. CONFLICTS OF INTEREST
In the event the Contractor is disqualified or excused as counsel of record due to a
conflict of interest, Contractor shall not be required to pay any compensation to
another attorney assigned to represent the defendant.
Agreement for Indigent Defense Services P a g e 1 2
VII. INTERNAL PERFORMANCE MONITORING AND ATTORNEY
SUPERVISION
Performance Monitoring. Contractor shall establish a program for managing and
monitoring the performance of attorneys who provide services called for in this
Agreement. The performance monitoring program shall have the purpose of
ensuring that each defendant receives effective assistance of counsel, and the
terms and conditions of this Agreement are met.
VIII. CITY CONTRACT ADMINISTRATOR — CONTRACT OVERSIGHT
A. Housing and Human Services. This Agreement shall be managed and
monitored by the Housing and Human Services Division of the City's Parks
Department or by such other division of the City as determined by the City's Chief
Administrative Officer. All reports or certifications required by this Agreement shall
be delivered to the Human Services Department.
B. City Consultant. The City may retain a consultant to monitor Contractor's
compliance with this Agreement. Contractor agrees to participate and comply in
good faith with the City's monitoring efforts. Contractor shall not be required to
compromise any attorney-client privilege during monitoring.
IX. COMPLAINTS AND CORRECTIVE ACTION
A. Complaints Directed to Housing and Human Services Division. Any
complaints regarding Contractor or an attorney or Rule 9 providing services
pursuant to this Agreement, whether received by the City, the Contractor, or the
Court, shall be directed to the Housing and Human Services Division.
B. Investigation by the Contractor. In the event a complaint is received by the
contractor or by the Housing and Human Services Division, Contractor shall
investigate the complaint. The Contractor shall inform the complainant and the
Human Services Department of the results of the investigation.
C. Investgation by the City. In the event a complaint is received by or directed
to the Housing and Human Services Division and is not timely resolved by the
Contractor, the Housing and Human Services Division may investigate the
complaint. The Housing and Human Services Division may consult with legal
counsel other than the City Attorney's Office, or another expert, in order to resolve
the complaint. In addition, the Housing and Human Services Division may consult
with the Washington State Bar Association when appropriate.
X. DURATION AND TERMINATION
A. Case-By-Case Duration. This Agreement shall be effective upon signature of
the Contractor and acceptance by the City. This Agreement shall govern each case
in which a Contractor is assigned to represent a Defendant and shall govern for the
duration of representation as set forth in Section II.B. This Agreement shall be
Agreement for Indigent Defense Services P a g e 13
deemed terminated as to a single case when the duration of representation as set
forth in Section II.B has expired.
B. Termination, This Agreement may be terminated such that the Contractor
shall not accept appointment to additional cases from the Court upon written notice
of breach of this Agreement, or absent breach, upon 14 days written notice by
either party. Each and every term of this Agreement is material, and the failure of
any party to comply with any term of this Agreement shall constitute a breach of
this Agreement.
C. Continuation of Representation. The continued representation of defendants
by Contractor after termination shall be governed by the interests of the
defendants, the Rules of Professional Conduct, the Supreme Court's Standards for
Indigent Defense, and the issues addressed in the Decision.
XI. COMPENSATION AND EXPENSES
A. Case Fees. The City shall provide to Contractor for services rendered under
this Agreement the sum of THREE HUNDRED DOLLARS ($300.00) per case in the
Kent Municipal Court, SEVEN HUNDRED FIFTY DOLLARS ($750.00) per case
appealed to the Superior Court, and ONE THOUSAND DOLLARS ($1,000.00) per
case appealed to the Court of Appeals or Washington Supreme Court. Contractor
shall bill for and be paid the above fees one time per case. If Contractor withdraws
from a case and then is reassigned to the case, Contractor shall not bill for or be
paid for the case upon reassignment. The term "case" shall have the same
meaning as provided in Standard 3 of the Standards for Indigent Defense
established by the Supreme Court.
B. Review Hearinq Fees. After the Kent Municipal Court's entry of a judgment
and sentence, a deferral of sentence, or entry of a deferred prosecution or
stipulated order of continuance, in the event Contractor is required to appear with
the Defendant at review hearings in the case, Contractor shall be paid FIFTY
DOLLARS ($50.00) per review hearing for up to five (5) review hearings.
Contractor shall appear at any review hearings beyond five (5) hearings for no
additional fee. The term "case" shall have the same meaning as provided in
Standard 3 of the Standards for Indigent Defense established by the Supreme
Court.
C. Billing. The Contractor shall bill the City, in care of the City's Housing and
Human Services Division, by the 101h day of the month following an appointment.
Contractor shall also bill for any review hearing fees as well as expenses permitted
in Sections XI.F and G of this Agreement by the loth day following the month of the
accrual of the allowable fees or expenses.
D. Payment. The City shall make payments within 30 days of receipt of
Contractors bill.
Agreement for Indigent Defense Services P a g e 1 4
E. Compensation Sufficient. Except as provided in Subsections XI.F and G,
Contractor warrants that the compensation provided under this Agreement includes
and is sufficient to provide for all costs related to travel, telephones, law library
including electronic research, financial accounting, case management systems,
computers and software, office space and supplies, administrative and staff
services, training, licensing, meeting the requirements imposed by the Washington
Supreme Court Standards for Indigent Defense, and other costs incurred in the
day-to-day conduct of legal services and the management of the services called for
by this Agreement.
F. Non-Routine Expenses. The City will pay for non-routine case expenses
when reasonably incurred and preauthorized by the Court or the City from funds
available for that purpose, unless the services are performed by Contractor's staff
or subcontractors. Examples of potential non-routine, preauthorized expenses that
might be subject to additional reimbursement include, but are not limited to:
1. Investigation expenses
2. Medical and psychiatric evaluations
3. Expert witness fees and expenses
4. Interpreters
5. Polygraph, forensic and other scientific tests
G. Medical records
7. Any other non-routine expenses the Court finds necessary and proper
for the investigation preparation, and presentation of a case.
G. Transcription Expenses. The City agrees to reimburse the Contractor for all
reasonable costs associated with obtaining and transcribing trial court records for
appeal purposes if such costs have not been waived.
XII. NON-DISCRIMINATION
Contractor shall not discriminate in the hiring of employees or the provision of
services pursuant to a contract with the City, and shall execute the attached City of
Kent Equal Employment Opportunity Policy Declaration, Comply with City
Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
XIII. PROOF OF LIABILITY INSURANCE
Contractor shall procure and maintain for the duration of the Agreement, insurance
of the types and in the amounts described in Exhibit A attached and incorporated
by this reference.
XIV. INDEMNIFICATION
Contractor shall indemnify, defend, and hold the City, its elected officials, officers,
and employees harmless from any and all claims whatsoever related to or arising
from the performance of the Contractor's obligations pursuant to this Agreement,
Agreement for Indigent Defense Services P a g e 1 5
including but not limited to claims arising out of the errors and omissions of the
Contractor relating to the representation or lack of representation of clients, and/or
by reason of accident, injury, or death caused to any persons or property of any
kind occurring during the performance or lack thereof of the work required by this
Agreement, or traveling to or from any place to perform the work required by this
Agreement, except to the extent they are caused by the sole negligence of the City.
The failure of the Contractor to carry insurance in a quantity sufficient to defend a
claim or lawsuit or cover any judgment that results shall not operate to limit the
Contractor's indemnification or defense of the City. This indemnification section
shall survive the expiration or termination of this Agreement.
XV. SUBCONTRACTING AND REASSIGNMENT PROHIBITED
Contractor shall not subcontract with another attorney or law firm to provide the
services required herein. Contractor shall remain directly involved in and
responsible for the representation of all assigned defendants. No assignment or
transfer of this Agreement or of any interest in this Agreement shall be made by
either of the parties without prior written consent of the non-assigning party.
XVI. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND
NOT EMPLOYEE
This Agreement calls for the performance of the services of the Contractor as an
independent contractor and Contractor will not be considered an employee of the
City for any purpose. Contractor shall secure at its own expense and be
responsible for any and all payment of income tax, social security, state disability
insurance compensation, unemployment compensation, worker's compensation,
and all other payroll deductions for the Contractor and its officers, agents, and
employees and the costs of all professional or business licenses in connection with
the services to be performed hereunder. Contractor shall be solely responsible for
any and all claims or lawsuits filed against Contractor by personnel employed by
the Attorney related to the conditions or terms of employment by the Contractor,
and the Contractor shall defend, indemnify, and hold harmless the City and its
employees and officers from any such claims or lawsuits. Contractor further agrees
that its employees are not considered employees of the City for the purposes of
participating in any state or federal program, including but not limited to the
retirement program provided by the Washington Department of Retirement
Services, and in the event that a claim is made to the contrary by any employee or
volunteer of the Contractor, Contractor shall defend, indemnify, and hold harmless
the City and its employees and officers from any such claims or lawsuits and shall
pay all awards ordered against the City for such claims or lawsuits.
XVII. NOTICES
All notices and other written documentation shall be sent to the parties at the
following addresses unless otherwise requested in writing:
Agreement for Indigent Defense Services Page 16
I
i
i
i
City of Kent: Contractor:
Mayor
City of Kent
220 Fourth Ave. S. 1 tt Ci L - [,v i yid in l
Kent, WA 98032
XVIII. SERVICES NOT EXCLUSIVE
Contractor agrees that the City may contract with other attorneys for the services
called for in this Agreement, and Contractor shall not be the exclusive contractor
utilized by the City for the services called for in this Agreement.
XIX. ENTIRE AGREEMENT — AMENDMENTS
This instrument contains the entire Agreement between the parties for the work
and services called for herein, and it may not be enlarged, modified, altered, or
amended except in writing signed by the parties.
XX. DUPLICATE ORIGINALS
This Agreement may be executed in duplicate originals.
XXI. EFFECTIVE DATE
The terms of this Agreement shall take effect on the last day signed below.
Cpy: ATTORNE V 7 v
City of(Cent
Pr) N the Suzette Cooke Print Name,`i c,°r-
I0 M r _ Title: ,� M ) +` aE� n'.k—
Dated: Dated:
ATTEST:
iansor}{ _using and Human
Services Manager, City of Kent
Agreement for Indigent Defense Services P a g e 7
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies,
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, It will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this 17 day of � ''' `7 `� 20
By:
For:
i
r 7 �
Title: /V 111 ;1 i 1�r
Date:
II
EEO COMPLIANCE DOCUMENTS - 1
CNA
. L3.W YKIZS PROIf_F�.,SIONAL.LI,A 13MlTY POLICY
ISRCLARATIO S
Enu'r: I3r3rtcfi: Tlcl"iigleF. Fttsivano.rs pro:¢idedby GoAftental L"asualiS` panXi
��,t2� 9:12 Y871'�91189 i+�F333$ kVabashAQe.�ea&AIL64ryDA
X*T�y}'tiu�tpe.U'4j[ipTh¢.
r � n���t�zz�ln�uR�tss� rloTlcztz�n sle�IetnEx ?
'q'B"r1StivY,dvr Rat4iFi.1:F 'f'liCs3.R.2 Sici(p Mgre aalAbp.bitedVi&gi It nkplkas dt lYtd
1'i$ mMM tha5s oLvms Ih?t.:aee t eu Est-made vnsE the Insured id
sm�e flap re tg L m vr�}b— tti tS� F }p vlg dudn -fie 2T Cy d
Isif cv-9 9( 7 Pkeese v iGe; cae illy and dA C i5S tivs enserdge
. e9ii13Xni!S v?s�ti'ap�p ag�t�:t± ¢Ygker. .
ptem taf�th�as a#fmu ioEzQtzo g
vt.10#a�ti?�'um�ara";�manr.,t�,s:�dr�ss.skrt»zi-a�e+sa i
UT
vdJ
i
9 Aca4vatl as z ',,,aachy{g >&alt faun $1;UItQ,aU.d
E�Rt9oPhrfd•FCua�l,�ttny'uq`tYiSI-'- 3'tRBYegaie $�-000`94U �
# kib5li�te` 6T ,AggteRata:
Atmu�1'prdaut�ia 9:�0,9s3.on'
YntYr��ea�A^�1?�XctIraE�re�itv,� � A�¢
�il�tt�,vd�ei�'rk9'eet�'retmtktS aic:eot�erdg�i�ra&;,e�YfF�sL'vuhTa
N113SL� tiS7Et4LuTT�jC1HI7ATE�CEk1E1 4-jTA IA ft 1201 l IMA n(ML ,:
:IS . d� �31b�6tJ*L�vIU.(.Et.1.11�1T ,,Gl`TQI]?E+�a{Ed.Rl(�OSj�ti i1' t3(v1 H46 4d:p]1P49. ..
� � tt3'F&�C71VL'A�S Tcixddlaun: ',
�tX 5hec1a1t3'UrLxg
1'r�f�bk$ 11 ehLcega IL 0068M317
EicWIs i�tL2Yew�leims(rdrnac�c ,
8�6-419 G3ri�Sa w�a:�:aR�RI }6.
Y,`gveyerx tivmkepozikt�r�uesbons 8Q6�ao�0�Gz
I
ionaraoia
A ' oxlzed:YtepreseMatite Rate
Pi$ti l
EXHIBIT
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, �
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Professional Liability insurance appropriate to the
Consultant's profession.
S. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
i
1. Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
i
i
EXHIBIT A (Continued)
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's
Commercial General Liability insurance shall also contain a clause stating
that coverage shall apply separately to each insured against whom claim
is made or suit is brought, except with respects to the limits of the
insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII,
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
it
EXHIBIT B
I
RESOLUTION NO.
A RESOLUTION of the City Council of the
city of Kent, Washington, adopting a new resolution
adopting Indigent defense standards for indigent
defense services provided to the city of Kent and
repealing Resolution No. 1843.
RECITALS
A. The city of Kent prosecutes misdemeanor offenses that ar@
committed by adults within the Kent city limits. The misdemeanor offenses
are filed into the Kent Municipal Court.
B. In accordance with the 6"' Amendment of the United States
Constitution, and Article I, Section 22 of the Washington Constitution,
persons charged with misdemeanors who are deemed indigent are entitled
to the effective assistance of counsel at the public expense.
C. Chapter 10.101 RCW establishes a process for determining
indigency, and requires that municipalities adopt standards for the delivery
of criminal defense services to the Indigent.
D. The City currently contracts with a law firm located within the
city limits of Kent for the provision of indigent defense services, In
addition, the City contracts with other defense attorneys to provide
Z Indigent Defense Standards
Resolution
indigent defense services In the event there is a conflict of interest that
prevents the main firm from representing a defendant. The City's Human
Services Division manages the Indigent defense contracts.
E. The City prides itself in providing all Indigent defendants with
the highest quality public defense available at a reasonable cost to the
public. In furtherance of this effort, and in accordance with Chapter 10.101
RCW, the City adopts the standards set forth in this resolution for the
delivery of public defense services.
F. These standards are intended to be consistent with state law,
the Standards for Indigent Defense adopted by the Washington Supreme
Court, and case law interpreting the constitutionality of systems for the
provision of public defense services. In accordance with RCW 10.101.030,
the standards endorsed by the Washington State Bar Association served as
guidelines for the establishment of these standards. . These standards are
supplemented by the various contracts for public defense services entered
into by the City and various law firms and attorneys.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - The following standards apply to all indigent defense
attorney services provided to the city of Kent.
Definitions
A. Attorney. As used in these standards, the term "attorney" shall
mean an attorney under contract with the city of Kent for the provision of
indigent defense services, and shall also mean the law firm or solo practice
i
2 Indigent Defense Standards
Resolution
1
for which the attorney works. These standards shall also apply to each
attorney working for a law firm under contract with the City for the
provision of indigent defense services.
B. Defendant. The term "defendant" shall mean a person who has
been charged with a misdemeanor offense in the Kent Municipal Court, and
who is represented by an attorney as the term attorney is defined in these
standards. It shall also mean any suspect who is being detained for
investigation of driving under the influence (RCW 46,61,502), driving under
twenty-one consuming alcohol or marijuana (RCW 46.61.503), or physical
control of any vehicle under the influence (RCW 46.61.504), for the
purpose of consulting with the attorney prior to deciding whether to provide
a sample of breath or blood.
Standard 1: Compensation
The City's contracts for Indigent defense services shall provide for payment
at a rate competitive for like services in the state of Washington and in the
South King County area In particular,
No contract for indigent defense services shall require the attorney to pay
any compensation to another attorney in the event the attorney is
disqualified from representing a defendant due to a conflict of Interest.
Standard 2: Duties and Responsibilities of Attorneys
Attorneys shall provide services to defendants in a professional, skilled
manner consistent with the Standards for Indigent Defense established by
the Washington Supreme Court, the Rules of Professional Conduct,
applicable case law and court rules defining the duties of the attorney, and
the rights of defendants. At all times during the representation of a
defendant, the attorney's primary and most fundamental responsibility
shall be to promote and protect the interests of the defendant.
3 Indigent Defense Standards
Resolution
Standard 3: Caseload Limits. Types of Cases and Limitations on
Private Practice
The City hereby incorporates by reference Standard 3 of the Standards for
Indigent Defense established by the Washington Supreme Court, including
amendments through August 15, 2014. A copy of Standard 3 is attached
hereto by reference as Exhibit A.
Standard 4: Responsibility for Expert Witness Fees and Other costs
Attorneys shall be free to retain experts and investigators of the attorney's
choosing, and may apply to the court for expert witness fees pursuant to
applicable court rules. In no case should attorneys be forced to select
experts from a list pre-approved by either the court or prosecution.
Standard 5: Administrative Expenses
Any contract for the provision of indigent defense services should provide
for or include administrative costs associated with providing legal
representation. These costs shall Include but are not limited to travel,
telephones, law library including electronic legal research, financial
accounting, case management systems, computers and software, office
space and supplies, training, meeting reporting requirements imposed by
the Washington Supreme Court Standards for Indigent Defense, and other
costs incurred in the day-to-day management of indigent defense services.
Attorneys shall maintain an office that accommodates confidential
meetings with defendants, and a postal address and adequate telephone
services to ensure prompt response to defendant contact.
Standard 6: Investigators
Attorneys shall use investigation services as appropriate.
4 Indigent Defense Standards
Resolution
Standard 7: Support Services
Attorneys shall employ an adequate number of staff to ensure the effective
performance of indigent defense services. Attorneys shall have access to
interpreters and Investigators, and other experts and support staff to
provide for the effective assistance of counsel.
Standard 8: Reports of Attorney Activity and Vouchers
Attorneys shall maintain a case reporting and case management
information system, and the attorneys shall provide reports to the City in a
form and at increments as agreed to by the City and the attorneys.
Attorneys shall not be required to compromise any attorney confidences
when providing these reports, Vouchers and billing shall be submitted and
paid in accordance with a contract for Indigent defense services.
Standard 9: Training
Attorneys shall engage In regular training in the areas of criminal defense
law including a minimum of seven hours of continuing legal education
annually In areas relating to criminal defense. Attorneys should have the
opportunity to attend courses that foster trial advocacy skills and to review
professional publications and other media,
Standard 10: Supervision. Monitoring and Evaluation of Attorneys
Attorneys shall establish a system In which more experienced attorneys
regularly review the work of less experienced attorneys. The more
experienced attorneys shall review the case outcomes, caseloads, and any
other information deemed appropriate, and shall regularly monitor the less
experienced attorney's interactions with defendants, case preparation, and
in-court activities. Attorneys may seek input from defendants, judges and
other attorneys if appropriate.
5 ,indigent Defense Standards
Resolution
I
i
I
Standard 11• Substitution of Attorneys and Assignment of
Contracts
Attorneys should not subcontract with another law firm or attorney and
should remain involved in the provision of services to the defendant. The
names and experience levels of the attorneys providing services to the Clty
shall be provided to the City. A contract with an attorney or firm shall
address the procedures for continuing representation of defendants upon
the termination of the contract. Alternate or conflict attorneys should be
available for substitution in conflict situations at no cost to an attorney
declaring a conflict.
Standard 12: Qualifications of Attorneys
The City hereby Incorporates by reference Standards 14.1, 14.2(K), and
14.4 of the Standards for Indigent Defense established by the Washington
Supreme Court, including amendments through August 15, 2014. A copy of
these standards is attached hereto by reference as Exhibit B.
Standard 13: Disposition of Defendant Complaints
Attorneys shall establish a process for responding to complaints made by
defendants. At a minimum, all complaints shall be reviewed by one or
more senior attorneys of the law firm. Complaints that are not resolved by
the attorney shall be directed by the attorney to the City's Housing and
Human Services Division for evaluatlon and follow-up, or may be directed
to the Washington State Bar Association. Attorneys shall fully cooperate in
the City's investigation process.
Standard 14, Cause for Termination of Indigent Defense Services
and Removal of Attornex
Contracts with the attorney shall include grounds for termination. Such
grounds for termination may be based on good cause, which shall include,
but shall not be limited to, a failure of the attorney to provide effective
6 Indigent Defense Standards
Resolution
assistance of counsel, a disregard of the rights and interests of the
defendant, a willful disregard for these standards, or a breach of the
requirements of the contract.
Standard 15: Non-Discrimination
The City shall not discriminate against a law firm or attorneys for the
provision of indigent defense services on the grounds of race, color,
religion, national origin, age, marital status, gender, sexual orientation, or
disability. Attorneys shall not discriminate in the hiring of employees or
the provision of services pursuant to a contract with the City on the
grounds of race, color, religion, national origin, age, marital status, gender,
i
sexual orientation, or disability, Both the City and the attorneys shall
comply with all federal, state, and local non-discrimination requirements.
Standard 16: Guidelines for Awarding Defense Contracts
A contract for public defense services should be awarded only after a
reasonable determination that the attorney or firm can meet these
standards. A contract should not be awarded on the basis of cost alone,
Contracts should only be awarded to a firm where at least one attorney in
the firm has at least one year of trial experience, City attorneys,
prosecutors and law enforcement officers should not select the attorneys
who will provide indigent defense services.
SECTION 2. Resolution No. 1843 - Repealed. Upon the effective
date of this resolution, Resolution No. 1843 is repealed and will no longer
be effective for application in the city of Kent.
SECTION 3. - Savings. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
7 Indigent Defense Standards
Resolution
I
SECTION 4, - Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 6, - Corrections by Clty Clerk. Upon approval of the City
Attorney, the City Clerk is authorized to make necessary corrections to this
resolution or its exhibit, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations;
or resolution numbering and section/subsection numbering.
SECTION 6. - Effective Date. This resolution shall take effect and
be In force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
city of Kent, Washington, this "�� day of is , 2015.
CONCURRED in by the Mayor of the city of Kent this 'day of
�s>tr 2015.
UZ E COOKE, MAYOR
/ ATTEST: -
RONALD �eI OORr;CITY CLERK
APPROVED AS TO FORM:
AlAk 112�lxt�—
TN BRUBAKER, CITY ATTORNEY
B Indigent Defense Standards
Resolution
I hereby certify that this Is a true and correct copy of Resolution No.
���✓ passed by the City Council of the city of Kent, Washington, the
day of 2015.
RONALD F. `OOR , CITY CL RK (✓
v:�am!p..,wuanwubemnn<.z.neem:vara eoa
II
III
i
9 Indigent Defense Standards
Resolution
i
I
Exhibit A
Standard 3. Caseload Limits and Types of Cases
Standard 3.1, The contract or other employment agreement shall specify the
types of cases for which representation shall be provided and the maximum number
of cases which each attorney shall be expected to handle,
Standard 3.1 adopted effective October 1, 2012
Standard 3.2. The caseload of public defense attorneys shall allow each lawyer
to give each client the time and effort necessary to ensure effective representation.
Neither defender organizations, county offices, contract attorneys, nor assigned
counsel should accept workloads that, by reason of their excessive size, interfere
with the rendering of quality representation. As used In this Standard, "quality
representation" is intended to describe the minimum level of attention, care, and
skill that Washington citizens would expect of their state's criminal justice system.
Standard 3.2 adopted effective October 1, 2012
Standard 3.3. General Considerations. Caseload limits reflect the maximum
caseloads for fully supported full-time defense attorneys for cases of average
complexity and effort in each case type specified. Caseload limits assume a
reasonably even distribution of cases throughout the year,
The increased complexity of practice in many areas will require lower caseload
limits, The maximum caseload limit should be adjusted downward when the mix of
case assignments is weighted toward offenses or case types that demand more
investigation, legal research and writing, use of experts, use of social workers, or
other expenditures of time and resources. Attorney caseloads should be assessed
by the workload required, and cases and types of cases should be weighted
accordingly.
If a defender or assigned counsel is carrying a mixed caseload including cases
from more than one category of cases, these standards should be applied
proportionately to determine a full caseload. In jurisdictions where assigned counsel
or contract attorneys also maintain private law practices, the caseload should be
based on the percentage of time the lawyer devotes to public defense.
The experience of a particular attorney is a factor in the composition of cases in
the attorney's caseload.
The following types of cases fall within the intended scope of the caseload limits
for criminal and juvenile offender cases in Standard 3,4 and must be taken into
account when assessing an attorney's numerical caseload; partial case
representations, sentence violations, specialty or therapeutic courts, transfers,
extraditions, representation of material witnesses, petitions for conditional release
or final discharge, and other matters that do not involve a new criminal charge.
Definition of case. A case is defined as the filing of a document with the court
naming a person as defendant or respondent, to which an attorney is appointed in
order to provide representation. In courts of limited jurisdiction multiple citations j
from the same incident can be counted as one case.
Standard 3.3 adopted effective October 1, 2012
Page 1 of 4
Exhibit A
Standard 3.4. Caseload Limits. The caseload of a full-time public defense
attorney or assigned counsel should not exceed the following:
150 Felonies per attorney per year; or
300 Misdemeanor cases per attorney per year or, in jurisdictions that have not
adopted a numerical case weighting system as described in this Standard, 400
cases per year; or
250 Juvenile Offender cases per attorney per year; or
80 open Juvenile Dependency cases per attorney; or
25O Civil Commitment cases per attorney per year; or
1 Active Death Penalty trial court case at a time plus a limited number of non-
death-penalty cases compatible with the time demand of the death penalty case
and consistent with the professional requirements of Standard 3.2; or
36 Appeals to an appellate court hearing a case on the record and briefs per
attorney per year. (The 36 standard assumes experienced appellate attorneys
handling cases with transcripts of an average length of 350 pages. If attorneys do
not have significant appellate experience and/or the average transcript length is
greater than 350 pages, the caseload should be accordingly reduced.)
Full time Rule 9 Interns who have not graduated from law school may not have
caseloads that exceed twenty-five percent (25%) of the caseload limits established
for full-time attorneys.
Standard 3.4 adopted effective October 1, 2013, EXCEPT paragraph 3,
misdemeanor caseload limits, adopted effective January 1, 2015.
Standard 3.5, Case Counting. Attorneys may not engage in a case weighting
system, unless pursuant to written policies and procedures that have been adopted
and published by the local government entity responsible for employing, contracting
with, or appointing them. A weighting system must:
A. recognize the greater or lesser workload required for cases
compared to an average case based on a method that adequately
assesses and documents the workload Involved;
B. be consistent with these Standards, professional performance
guidelines, and the Rules of Professional Conduct;
C. not institutionalize systems or practices that fail to allow
adequate attorney time for quality representation;
D. be periodically reviewed and updated to reflect current
workloads; and
E. be filed with the State of Washington Office of Public Defense.
Cases should be assessed by the workload required. Cases and types of cases
should be weighted accordingly. Cases which are complex, serious, or contribute
more significantly to attorney workload than average cases should be weighted j
upward. In addition, a case weighting system should consider factors that might
justify a case weight of less than one case.
Page 2 of 4
Exhibit A
Notwithstanding any case weighting system, resolutions of cases by pleas of
guilty to criminal charges on a first appearance or arraignment docket are
presumed to be rare occurrences requiring careful evaluation of the evidence and
the law, as well as thorough communication with clients, and must be counted as
one case,
Standard 3.5 adopted effective October 1, 2012
Standard 3.6. Case Weighting. The following are some examples of
situations where case weighting might result in representations being weighted as
more or less than one case. The listing of specific examples is not intended to
suggest or imply that representations in such situations should or must be weighted
at more or less than one case, only that they may be, if established by an
appropriately adopted case weighting system.
A. Case Weighting Upward, Serious offenses or complex cases that
demand more-than-average investigation, legal research, writing, use of
experts, use of social workers, and/or expenditures of time and resources
should be weighted upward and counted as more than one case.
B. Case Weighting Downward. Listed below are some examples of
situations where case weighting might justify representations being
weighted less than one case. However, care must be taken because
many such representations routinely Involve significant work and effort
and should be weighted at a full case or more,
I. Cases that result in partial representations of clients, Including client failures
to appear and recommencement of proceedings, preliminary appointments In cases
in which no charges are filed, appearances of retained counsel, withdrawals or
transfers for any reason, or limited appearances for a specific purpose (not
Including representations of multiple cases on routine dockets).
ii, Cases in the criminal or offender case type that do not Involve filing of new
criminal charges, including sentence violations, extraditions, representations of
material witnesses, and other matters or representations of clients that do not
Involve new criminal charges. Noncomplex sentence violations should be weighted
as at least 1/3 of a case,
III. Cases In specialty or therapeutic courts if the attorney is not responsible for
defending the client against the underlying charges before or after the client's
participation in the specialty or therapeutic 'court. However, case weighting must
recognize that numerous hearings and extended monitoring of client cases In such
courts significantly contribute to attorney workload and in many instances such
cases may warrant allocation of full case weight or more. j
iv. Cases on a criminal or offender first appearance or arraignment docket where
the attorney is designated, appointed, or contracted to represent groups of clients
on that docket without an expectation of further or continuing representation and
which are not resolved at that time (except by dismissal), In such circumstances,
consideration should be given to adjusting the caseload limits appropriately,
recognizing that case weighting must reflect that attorney workload includes the
Page 3 of 4
Exhibit A
time needed for appropriate client contact and preparation as well as the
appearance time spent on such dockets,
v. Representation of a person In a court of limited jurisdiction on a charge
which, as a matter of regular practice in the court where the case Is pending, can
be and is resolved at an early stage of the proceeding by a diversion, reduction to
an infraction, stipulation on continuance, or other alternative noncriminal
disposition that does not involve a finding of guilt. Such cases should be weighted
as at least 1/3 of a case.
Standard 3.6 adopted effective October 1, 2012
I
i
Page 4 of 4
EXHIBIT B
Standard 14. Qualifications of Attorneys
Standard 14.1. In order to assure that indigent accused receive the effective
assistance of counsel to which they are constitutionally entitled, attorneys providing
defense services shall meet the following minimum professional qualifications;
A. Satisfy the minimum requirements for practicing law in Washington
as determined by the Washington Supreme Court; and
B. Be familiar with the statutes, court rules, constitutional provisions,
and case law relevant to their practice area; and
C. Be familiar with the Washington Rules of Professional Conduct; and
D. Be familiar with the Performance Guidelines for Criminal Defense
Representation approved by the Washington State Bar Association;
and
E. Be familiar with the consequences of a conviction or adjudication,
including possible immigration consequences and the possibility of
civil commitment proceedings based on a criminal conviction; and
F. Be familiar with mental health issues and be able to identify the
need to obtain expert services; and
G. Complete seven hours of continuing legal education within each
calendar year in courses relating to their public defense practice.
Standard 14.2. Attorneys' qualifications according to severity or type of
case.
K. Misdemeanor Cases. Each attorney representing a defendant involved in a
matter concerning a simple misdemeanor or gross misdemeanor or condition of
confinement, shall meet the requirements as outlined in Section 1.
Standard 14.4. Legal Interns.
A. Legal interns must meet the requirements set out in APR 9.
B. Legal interns shall receive training pursuant to APR 9, and in offices of more
than seven attorneys, an orientation and training program for new attorneys and
legal interns should be held.
i
Page 1 of 1
REQUEST FOR MAYOR'S SIGNATURE
T Please Fill in All Applicable Boxes
N ,-.1-,
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Lori Guilfoyle APPROVALS:
Date Sent: 03-04-15 DATE OF COUNCIL APPROVAL:
Return Signed Document to: Lori Guilfoyle DATE OF CHIEF ADMINISTRATIVE
OFFICER APPROVAL:
VENDOR NAME: O'Brien, Barton and DATE OF FINANCE DIRECTOR
Hopkins, PLLP APPROVAL:
Date Required:03-17-15
Phone (Originator):253 856-5061 BUDGETED: YES El NO 0
FUND:
Brief Explanation of Document:
Human Services General Fund contract O'Brien, Barton and Hopkins, PLLP for Conflict
Indigent Defense Services.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received:
fi 1
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to Mayor. I` {}
- E
Shaded Areas To Be Completed By Administration Staff
[Recom
ed: u
mendations and Comments:
eturned. �� <ci
` Ll