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HomeMy WebLinkAboutPK15-124 - Original - Law Offices of Mary Broberg - Conflice Indigent Defense Services - 1/1/15 "Om..._tom. � 3_ Records Man. 9 wm SENT Wps„,„o,o„ Document ray 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. i Vendor Name: Merry Broberg, Law Offices of Merry Broberg Vendor Number: 989996 JD Edwards Number Contract Number: li This is assigned by City Clerk's Office Project Name: Conflict Indigent Defense Services Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M 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 MMayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Human Services General Fund Contract with the Law Offices of Merry Broberg for Conflict Indigent Defense Services, paid by monthly invoice I adccW10877 8 14 AGREEMENT FOR CONFLICT INDIGENT DEFENSE SERVICES This Agreement is entered into betwee the city of Kent, a Washington municipal Corporation ("City") and (&O ( . o ("Contractor"). I. DEFINITIONS A. Contractor. Contractor shall mean the law firm of 149"i-fo Drobel and shall mean each attorney and Rule 9 Intern working for the C ntractor. 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 i 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. I Agreement for Indigent Defense ServicesORIGINAL Page ( 1 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. 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 Monitorina. 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. Investigation 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 1 3 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 Hearing 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. Billina, The Contractor shall bill the City, in care of the City's Housing and Human Services Division, by the 10th 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 P. 14 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 6. 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 P a g e 1 6 i City of Kent: C ntracto Mayor W City of Kent e 220 Fourth Ave. S. Kent, WA 98032 w 8 O - 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 dal signed below. I, CITY: ATT NE . City of Kent f Print rr(e: Suzette Cooke Print Name: T}tfe: . M6 or _ Title: E—F - Re Dated: a ' Dated: t ATTEST: e in`a Hanson, Housi 'and Human Services Manager, City of Kent Agreement for Indigent Defense Services P a g e 1 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. i 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�cagree to fulfill the five requirements referenced above. Dated this ` �` day of ✓ lk-� '� 20 For: ( LIM•l l� E n�v` r^ ° CJ Title: w�f�� A-rri - Date: yrf EEO COMPLIANCE DOCUMENTS - 1 i CITY OF KENT ADMINISTRATIVE POLICY i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i EEO COMPLIANCE DOCUMENTS - 2 I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 . By: For: Title: Date: I i III EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 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: ii 1. Professional Liability insurance appropriate to the Consultant's profession. I B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 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. 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. i Property &Casualty Insurance Company ROA'IE OFFICE ADDRESS: PHONE. MAILING ADDRESS: I I I N.Higgins,Suite 200 (800)367-2577 PO Box 9169 Missoula,MT 59802 Missoula,MT 59807-9169 LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS NOTICE: THE POLICY IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST MADE AGAINST THE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE TINDER THE POLICY WITH YOUR INSURANCE ADVISOR. POLICY NUMBER: ALP818858 Item 1—Named Insured: Law Office of Merry Elizabeth Broberg Address: P.O.Box 204 Puyallup,WA 98371 Item 2—Name of Each Insured Attorney: Retroactive Date Broberg Esq.,Merry E 03/19/2015 Item 3—Policy Period: Effective Date: 03/19/2015 12:01 AM at the address stated in Item 1. Expiration Date: 0 311 9/20 1 6 Loss Inclusion Date: 03/19/2015 Item 4—Limit ofLiability: $1,000,000 *Each Claim $1,000,000 Aggregate *This means"all claims arising out of the same,related or continuing professional services." Item 5—Deductible: $5,000 Each Claim Item 6—Annual Premium. $1,298 Item 7—Endorsements attached at inception of the policy form:LPL STD (07-14) Signature Page WA Amendatory First Dollar Defense Endorsement All current and previously submitted application forms delivered to the Company are made a part of the policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Company. Countersigned by: ! t� Date: March26.2015 Authorized Representative ALPS DEC LPL(06-13) Page 1 of 1 Propertyy&Casualty Insurance Company ,, i LAWYERS PROFESSIONAL LDOILITYINSURANCE POLICY Named Insured:Law Office of Merry Elizabeth Broberg Policy No. ALPS 18858 i Effective Date: 3/19/2015 SIGNA URE PAGE IN WITNESS WHEREOF, ALPS Property&Casualty Insurance Company bas caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Properly& Casualty Insurance Company. [David A. Bell,President] [Bradley D. Dantic, Secretary] I ALPS LPL SIG(06-13) Page I of 1 EXHIBIT B RESOLUTION NO. /9O 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 arq committed by adults within the Kent city limits. The misdemeanor offenses are filed Into the Kent Municipal Court. B. In accordance with the 6th 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 I 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 1 Indlgent Defense Standards Resolution i 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. i 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 2 Indlgent Defense Standards Resolution i 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 marUuana (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 casts 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. j Standard 6: Investiaators 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 i 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 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 City 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 evaluation 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 Attorney Contracts with the attorney shall include grounds for termination. Such j 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, sexual orientation, or disability. Both the City and the attorneys shall comply with all federal, state, and local non-discriminatlon 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 - Re ems. 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. I SECTION 3, - Savings. If any section, subsection, paragraph, I 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 Indlgent Defense Standards Resolution SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5, - 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 rr 2015. CONCURRED in by the Mayor of the city of Kent this Jday of 2015. UZ E COOKE, MAYOR ATTEST: RONALD F OOR , CITY CLE K APPROVED AS TO FORM: M TOM BRUBAKER, CITY ATTORNEY a indigent Defense Standards Resolution I hereby certify that this is a true and correct copy of Resolution No. /903�passea by the City Council of the city of Kent, Washington, the day of r e411 2015. RONALD F. OOR , IlY CL RK vgci.ge..ewu,nVwku.r.n.ane.msmue.a I I 9 Indigent Defense Standards Resolution 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, Genera! 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 from the same incident can be counted as one case. Standard 3.3 adopted effective October 1, 2012 Page 1 of 4 I� 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 250 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 fall to allow adequate attorney time for quality representation; D. be periodically reviewed and updated to reflect current p Y p 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 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 i 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. 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 j Page 3 of 4 I i 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 lil 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. i Standard 14.4. Legal Interns. i 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. Page 1 of 1 i i REQUEST FOR AYOR"S SIGNATURE a � 0 T Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) -Originator: Lori Guilfoyle APPROVALS: Date Sent: 03-927-15 DATE OF COUNCIL APPROVAL: Return Signed Document to: Lori Guilfoyle DATE OF CHIEF ADMINISTRATIVE OFFICER APPROVAL: VENDOR NAME: Merry Broberg DATE OF FINANCE DIRECTOR _ APPROVAL: Date Required:04-3-15 Phone (Originator):253 856-5061 BUDGETED: YES ❑ NO FUND: Brief Explanation of Document: Human Services General Fund contract with Merry Broberg for Conflict Indigent Defense Services. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) p �cf �j Received: r . Approval of Law Dept Law Dept. Comments: Date Forwarded to Mayor: � . i Shaded Areas To Be Completed By Administration Staff ' t 3df a t a � Received: Recommendations and Comments: Date Returned: