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HomeMy WebLinkAbout4650 - RESOLIJTION NO. 4 6 5 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING `THE MAYOR AND CITY CLERK TO EXECUTE A.CONTRACT FOR PUBLIG , DEFENSE SERVICES FOR JANUARY 1, 2011 - DECEMBER 31, 2012 BETWEEN THE CITY AND THE LAW OFFICES OF MATTHEW J. RUSNAK WHEREAS, the State legislature finds that effective legal representation should be provided for indigent persons consistent with the constitutional requirements of fairness, equal protection, and due process in all cases where right to counsel attaches; and WHEREAS, the City of Auburn Municipal Court presides over cases involving indigent persons and the City of Aubum provides Public Defense Services; and WHEREAS, the City of Aubum desires to continue to contract its Public Defense Services; and WHEREAS, it is fiscally responsible for the City of Aubum maintain its contract with the Law Offices of Matthew Rusnak; and WHEREAS, the Law Offices of Matthew Rusnak is providing effective and efficient Public Defense Services for the City of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,.HEREBY RESOLVES AS FOLLOWS: Resolution No. 4650 October 25, 2010 , Page 1 Section 1. Purpose. The City Council, hereby authorizes the execution of the Agreement between the City of Auburn and THE LAW OFFICES OF MATTHEW J. RUSNAK, to execute a Contract for Public Defense Services for January 1, 2011 through December 31, 2012, in sybstantial conformity with the contract attached hereto and denominated as Exhibit "A" and incorporated herein by reference.' Section'2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ' Section 3. This resolution shall be in full force and effect upon passage and signatures. hereon. DATED and SIGNED this ~day of 2010. ~ CITY O URN ~ PETER B. LEWIS MAYOR Resolution Na 4650 _ October 25, 2010 Page 2 . ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: _ He ; City Attomey Resolution No. 4650 October 25, 2010 ~ Rage 3 . . . PUBLIC DEFENSE SERVICES CONTRACT CITY OF AUBURN, WASHIIVGTOYV JAIVUARY 1, 2011 - DECEMBER 31, 2012 THIS AGREEMENT rnade and entered into by the City of Auburn; 'hereinafter referred to as "CITY," and The Law Offices of Matthew J. Rusnak, hereinafter referred to as "PUBLIC DEFENDER," do heteby agree to #he following terms and conditions:. I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES: A. General: 1. The .CITY shall make public defense services available to all persons who so qualify after application to and approval of the Court or an independent public defense screen or are,in custody and directly appointed by the Court. The PUBLIC DEFENDER will provide legal representation for each of these defendants from court appointment or screening through frial, sentencing; post conviction review, and any appeals to Superior court or Washington appellate courts. The PUBLIC DEFENDER, or subcontractor of the. PUBLIC DEFENDER, will provide defense services at daily in-custody bail hearings; will attend the anraignment calendar, and will be available, in person, to talk to and meet ` indigent defendants at the Auburn Detention Center, South Corrections Entity (SCORE), or other alternative locations. The PUBLIC DEFENDER will also provide representation for the Mental Health Court calendar and a Community calendar should one be established during the term of the contract. -2. Screening shall be available on a regular basis at or near the CITY'S municipal couit. The CITY shall pay the cost of screening services. The. CITY shall provide to the PUBLIG DEFENDER, at no cost, copies of all discoverable materials regarding persons qualifying for public defense services and a copy, of the Auburn Municipal Code. At the request of the PUBLIC DEFENDER, copies of additions and amendments thereto will be provided. B. Screening Procedure: 1. The criteria foc appointment of the PUBLIC DEFENDER to represent indigent defendants shall be as follows: (1) the defendant is charged with a criminal offense..by the CITY under the Aubum City Code; (2) the offense is one for which a person can be ~ imprisoned; and (3) the defendant qualified financially for PUBUC DEFENDER services pursuant to court rule and RCW 10.101.005 et. seq. and shows proof of income such as, buf not limited to, unemploy"ment tienefif compensation, income tax retutns, or pay stubs. Should the PUBLIC DEFENDER determine a defendant is not eligible for assigned counsel; the PUBLIC DEFENDER will so inform the court and move to Exhibit A . Resolution 4650 Public Defender Contract January 1, 2011 - December 31, 2012 Page 1 of 10 , withdraw from the case. 2. Screening information shall be confidential and the defendant shall swear or certify under penalty of perjury that the information is true and complete. Upon appointment, the s&eener shall immediately deliver to the PUBLIC DEFENDER the screener's documents on each case that is assigned. The screener shall be responsible for delivering a letter of introduction, which has been provided by the PUBLIC DEFENDER .to everydefendant who qualifies for and is appointed to be represented by the PUBLIC DEFENDER. This screener shall obtain the defendant's mailing address and mail the letterof infroduction to the defendant if necessary. C. Reporting Procedures: 1. PUBLIC DEFENDER: The PUBUC DEFENDER shall file monthly reports, with the. CITY indicating the following: (1) the first, middle and lasfi name of each defendant who has been appointed and a Notice of Appearance was filed; (2) date of appointment, criminal cause number(s) for the defendant; and (3) if the case was "conflicted" at any time during the process. Further, the report, shall designate whether the defendant was appointed by the Court or by the screener. In addition, the PUBLIC DEFENDER shall provide a monthly report to the City showing all cases in which the defendant has been sentenced or acquitted. All reports are due to the City on the 1st day of the month following the appointment and filing of the Notice of Appearance or case disposition, along with the invoice, based on acfual case count. 91. RESPONSIBILITIES OF PUBLIC DEFENDER A. The PUBLIC DEFENDER shall be responsible to provide competent professional legal services to the defendants represented. `The PUBUC DEFENDER shall employ and/or associate a sufficient number of attomeys and staff to provide such service. The CITY shall incur no extra cost for the employed and/or associated attomeys and staff. The PUBLIC DEFENDER and each attomey so employed and/or associated shall be an active membec in good standing of the Washington Sfate Bar Association. Any attorney employed and/or associated by the PUBUC DEFENDER who does not have at least three years of experience shall practice under.the direct supervision of any attomey who does have three years experience. Such experience shall include at least one-third emphasis on criminal defense. B. Legal intems involved in the representation: of defendants in court must have . all of their work reviewed and/or countersigned by a supervising attorney. No legal intem shall have sole responsibility for administering and representing any of the defendants appointed and represented pursuant to the contract herein. 6chibit A Resolution 4650 , Public Defender Contract January 1, 2011 - December 31, 2012 Page 2 of 10 C. Case loads of the PUBLIC DEFENDER and any individual attomeys employed and/or associated therewith should be limited to that level of assignments which allows an aftorney to give each defendant's case sufficient time and effort to ensure effective representation. Alf attorneys.representing defendants pursuant to the contract herein shalf comply with the following: .(1) attend at least an average of 15 hours of continuing legal education each year, of which, at least an average of seven hours shall be specifically related to criminal defense or trial practice;. (2) have regular and routine review of their caseload with a supervising attomey to ensure that there is objective monitoring and evaluation of each attomey. III: SERVICES PROVIDED BY THE PUBUC DEFENDER A. Scope of Service: 1. The PUBLIC DEFENDER shall represent each defendant from the date of appointment (or at in-custody hearings as the case may be), through sentencing and the. first appeal of right pursuant to the RALJ rules: The PUBLIC DEFENDER or the CITY may request re-screening of a defendant whose case is on appeal. Appeals shall not be considered new case assignments. In addition, the Public Defender shall be present at arraignment hearings on stand-by should a defendant request legal advice. 2. Defendant defined: A single individual charged with a maximum of four (4) criminal counts on a maximum of two criminal citations arising out of the same general course of conduct over a short period of time. Example: a single person charged with three (3) different Driving While License Suspended charges would be -counted,as three (3) separate clients because the charges necessarily took place at separate times. However, a single individual charged. with Reckless Driving, DUI, Hit and Run (Aftended) and Driving While License Suspended arising out of one event (on two citations) would be counted as one client. 3. Case Count: A case is counted where: (1) Pretrial: Each pretrial case is counted only once. Irrespective of any subsequent reappointments pursuant to FTA. They will, be counted at the time of first appointment. Cases subsequently conflicted, or where a private attomey is. hired, will be noted on the next monthly report, but is not counted as a Public Defender case; (2) Post trial convictions: Case where a defendant was previously represented by the Public Defender, thaf were previousty counted when they were in pretrial status, will not be counted unless they FTA at a post conviction hearing. Post conviction cases where defendanfs FTA-and subsequently reappointed to the Public Defender will be counted again; however, this shall occur only once. No matter how many times a defendant FTA and the Public Defender is reappointed when the case is in the post-conviction status, the case will be recounted only once. In the future, the PUBLIC DEFENDER agrees fo complete representation for any client for which a Notice of Appearance has been filed, even, if court proceedings continue Exhibit A Resolution 4650 Public Defender Contract January 1, 2011 -December 31, 2012 Page 3 of 10 beyond the date when a successor public defender becomes responsible for public defense services. This does not include post conviction reviews. 4. The PUBLIC` DEFENDER may associate or employ additional or different attorneys to. represent defendants. at no extta cost to the CITY. Any counsel associated with or employed by the PUBLIC DEFENDER shall have the authority to perform the services called for herein. All associated counsel hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. Sufficient counsel shall be provided to represent defendants during vacation, illnesses; and settings in more than one courtroom. No legal interns shall be used unless agreed to by the CITY in advance. The PUBLIC DEFENDER agrees to pay each subconsultant under this agreement for satisfactory perFormance of its contract no later than 45 days from the receipt of each payment the consultant receives from the City. Any delay or postponement of payment frorn the above referenced #ime frame may occur only for good cause following written approval of the City. 5. Conflict Cases: Both parties agree #hat cases will be conflicted only when a recognized conflict occurs (nof a potential conflict). Upon discovery of an actual conflict with the representation of a specific defendant by the PUBUC DEFENDER (as defined in the Rules of Professional Conduct), the PUBLIC DEFENDER shall immediately inform the CITY; the court and the defendant in writing of the conflict by issuing a Notice of Intent to Withdraw. Only a partner in the PUBLIC DEFENDER'S firm will be permitted to make the final decision regarding whether a confilict actually exists. The PUBUC DEFENDER will assist the City with a list of qualified law firms with which the CITY can contract for conflict public defense services. A minimum of four conflict firms will be maintained on the list. 6. Upon receiving notice of a conflict of .inferest and agreeing thereto, it will be the CITY'S financial responsibility to pay altemative counsel to represent the defendant. The Court will rotate, in order, "conflicfed" cases to each firm. However, if the CITY contests the Notice of Intent to Withdraw, then the CITY shall immediately fle a note for motion regarding the propriety of the withdrawal and request that the court notify the defendant and the PUBLIC DEFENDER of the date, time and nature of the hearing. All parties shall be bound by the court's ruling or any appeal therefrom. 7. Office appointments for the defendants appointed to the PUBLIC DEFENDER should be made available at least during regular business hours of 8:00 a.m. until 5:00 p.m., Monday through Friday. Office appointments should be made available, at an office located in the Cify of Aubum, within a reasonable distance from the municipal courthouse and on or near a public transportation service route. . Appointments shall be available at the courthouse for defendants who are otherwise Exhibit A Resolution 4650 Public Defender Contract January 1, 2011 - December 31, 2012 Page 4 of 10 unable to obtain transportation to the PUBLIC DEFENDER'3 office. Local non-service- charge phone service throughout the municipality shall be, available as well as toll free and collect phone service from the CITY jail and the King County jails. 8. The PUBLIC DEFENDER will make every effort to coordinate cases with City prosecutors at least once per week, in advance of upcoming court dates. 9. The PUBUC DEFENDER will be available for all calendars pursuant to the will of the court. . Public Defense requirements would generally appear as follows. Jail is definetl as either the SCORE facility or Auburn Detention facility. Staffing of SCORE requirements must ensure no calendar down time; Da Number of La ers . Comments Monday (every other) 3 Motions & bench trials (1 in CR 1) & interpreter calendar (1 in CR 2 & 1 in Jail . Monday (opposite) As determined by Jury trials Public defender Tuesda 3 Pre-trial 3 in CR 1 then Jail 1 Wednesda 2 In custod 2 in Jail Thursda a.m. 2 Arrai nmenfi 1 in CR 1 then 1 Jail . Thursda .m. 2 Reyiew Calendars_ 1 in ea CR Frida a.m. 2 In custod 2 in Jail Frida eve other 1 Readiness _ 1 in CR 2 _ Friday p.m. (every 1 Probation review (1 in: CR 2) other 10. The PUBLIC DEFENDER shall provide to the City of Aubum Police Department and Aubum Detention Center the telephone number or numbers at which the PUBLIC DEFENDER can be reached twenty-four (24) hours each day for critical stage advice to defendants during the course of police investigations and/or arrests, as required by statute, case law and applicable court rule in municipal misdemeanor cases. 11. The PUBLIC DEFENDER shall provide to the screener for dissemination to every represented defendant a, letter in plain, simple and concise language outlining the defendant's responsibilities with regard to the attorney-client relationship. - 12. The PUBUC DEFENDER shall institute and maintain a procedure to review defendants' complainfs. Complaints, which are not immediately resolved by the PUBLIC DEFENDER, shall be referred to the Washingfon Sfate Bar Associafion and/or the court. Exhibit A Resolution 4650 Public Defender Contract January 1, 2011 - December 31, 2012 Page 5 of 10 13. Assignment or Subcontractors: No assignment or transfer. of the Contract or of any interest in the Contract shall be made by the PUBLIC DEFENDER withoufithe prior written consent of the CITY. 14. All documents, reports;: memoranda, plans, and any other materials created or otherwise prepared by the contractor as part of his performance of. this Agreement (the "Work Producfs") shalf be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 1"he consultant may retain copies of any documents, reports, efc. it authors. - IV. COMPENSATION Compensation to the PUBLIC DEFENDER for public defense services beginning January 1, 2011 through December 31, 2012 shall be paid at the rate of Twenty-Six Thousand Two Hundred Fifty Dollars ($26,250.00)/month. In the event the PUBLIC DEFENDER files an appeal on behalf of a qualified client, the CITY will pay an, additional Four Hundred Dollars ($400.00) to the PUBLIC. DEFENDER upon its litigation and disposition. Should the CITY file an appeal in a case involving the PUBLIC DEFENDER, the CITY will pay the PUBLIC DEFENDER. and additional Four Hundred Dollars ($400.00) upon its litigation and disposition. In ` - addition, the CIIY will pay for transcription costs required for the appeal; regardless of which party files the appeal. All videotapes, CDs, audiotapes, video disks; photocopies, color copies of " images, or other media associated with discovery shall be provided.by the City at no cost to the PUBLIC DEFENDER. The PUBLIC DEFENDER will submit an invoice no later than the 15th day of each month. Pursuant to regular CITY policy regarding paymenf for services rendered, the CITY shall make payment to the PUBLIC DEFENDER on the first day following fhe first CITY Council meeting following the timely submittal of the PUBLIC DEFENDER report and invoice. The PUBLIC DEFENDER agrees and undetstands that he/she is an independent contractor and not the agent or employee of the City. The manner and means of . providing the professional services herein are under the sole control of the PUBLIC DEFENDER. The PUBLIC DEFENDER shall be solely responsible for reporting his/her hours, eamings, income fax, and social security to the applicable federal and state agencies. The PUBLIC DEFENDER understands that he/she is not entitled to any of the benefits provided by an employer to employees including but not limited fo paid leaVe, health insurance coverage, retirement programs or unemployment insurance. Exhibit A Resolution 4650 Public Defender Contrad January 1, 2011 - December 31, 2012 Page 6 of 10 V. TERM OF COIVTRACT This Agreement shall remain in full force and effect from January 1, 2011, through December 31, 2012: Moreover, this Agreement may automatically be annually renewed under the terms of this at the conclusion of the term of this Agreement, unless either party provides the other with notice of intent not to extend this Agreement. Said notice shall be received by the other party not less than six (6) months prior to the expiration of the term of this Agreement or the expiration of any extension thereof. -VI. POUCY AGAINST DISCRIMINATION The PUBLIC DEFENDER shall not discriminate in employment pracfices,on the basis of race, creed, color, age; disability, religion, sex or sexual orientation and follow the CITY's policy on non-discrimination. The PUBUC DEFENDER should comply with al1 local, state, and federal laws regarding discrimination. VII. PUBLIC DEFENSE STANDARDS The PUBUC DEFENDER shall comply with the Rules of Professional Conduct. The PUBUC DEFENDER shall comply with the City of Aubum Standards for Public Defense as adopted by the CITY on December 18, 1989, pursuant to Resolution 2014 and any future standards for public defense services that may be adopted by the City pursuant to Chapter 10:101.030 of #he RCW. The PUBLIC DEFENDER shaU submit an affidavit to the Director of Human Resources/Risk & Facilities Management,. stating that the PUBLIC DEFENDER is in compliance with such standards. This affidavit shall be submitted thirty (30) days after the PUBLIC DEFENDER has received a copy of such standards. VIII. INSURANCE AND INDEMNIFICATION Insurance The PUBLIC DEFENDER shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the type.s of insurance coverages and in the amounts described below. The 'PUBUC DEFENDER shall fWrnish evidence, satisfactory to the City, of all such :policies. During the term hereof, the PUBLIC DEFENDER shall take out and maintain in full force and affect the following insurance policies: a. Commercial General Liability insurance, insuring the City and the PUBLIC DEFENDER against loss or damages arising from premises, operations, independent Exhibit A Resolution 4650 Public Defender Contract January 1, 2011 - December 31, 2012 Page 7 of 10 contractors and personal injury and advertising injury. The City shall be named as an insured under the PUBUC DEFENDER's Commercial General Liability insurance policy with respect to the work perFormed for the. City, with minimum liability limits of $1,000,000 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional errors and omissions liability insurance with minimum liability limits of $1,000,000. 9Vo Limitation. PUBLIC DEFENDER's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the PUBLIC DEFENDER to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. If, for any reason, #he PUBLIC DEFENDER loses its professional liability insurance coverage; the PUBLIG DEFENDER must immediately notify the City's Director of Human resources/Risk and Facilities Management. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Professional Liability and Commercial General Liability insurance: - ~ a. The PUBLIC DEFENDER's insurance coverage shall be primary insurance as respect to the City. . Any insurance, self-insurance, or insurance pool coverage maintained by the Ciiy shall be excess of the PUBLIC DEFENDER's insurance and shall not contribute with it. b. The PUBLIC DEFENDER's insurance shall be endorsed to state that coverage shall nofi be cancelled by either party, except after thirty (30) days prior written notice by certifed mail, retum receipt requested, has been given to the City. Indemnification The PUBLIC DEFENDER shall indemnify, defend and hold harmless the City and its officers, agents and employees; 'or any of them from any and all claims, actions, suits; liability, loss, costs, expenses, and damages of any nature whatsoever, including . attomey fees, by any reason of or arising out of the act or omission of fhe PUBLIC DEFENDER, its officers, agents; employees,.or any of them relating to or arising out of the performance of this Agreement except for injuries and damages caused by the sole negligence of the City. If a final judgment is rendered against the City, its officers, Exhibit A Resolution 4650 Public Defender Contract January 1, 2011 - December 31, 2012 Page 8 of 10 agents,. employees and/or any of them,. or jointly against the City and the PUBUC DEFENDER and their respective officers, agents and employees, or any of them, the PUBLIC DEFENDER shall satisfy the same to the extent that such judgment was due to . the PUBLIC DEFENDER's negligent acts or omissions. IX. TERMINATION OF CONTRACT A. Grounds for Immediate Termination. The City retains the right to immediately terminate this contract in the event any of the following incidents occurs: 1. Failure to provide timely proof of comprehensive professional liability insurance due at any of the times required herein: 2. Loss of comprehensive professional liability insurance coverage regardless of the reason therefot. 3. Any action that, at the sole discretion of the City, could bring discredit on the City. B. Additionally, either the CITY or the PUBLIC DEFENDER may terminate . this contract in the event of the following: 1. Any other breach of this contract; or - 2. Violation of the`Rules of Professional Conduct; or 3. Good and Sufficient Cause Such termination under this subpart is effective only if the party terminating the contract has provided written notice of the deficiency to the second party, and the deficiency is not corrected in a timely manner to the reasonable satisfaction'of the first party. Written notice of termination under Section IX (B) shall be given by the party terminating this contract to the other not less than sixty (60) days prior to the effective date of the termination. C. In the event of termination or. upon completion of the contracf, the following conditions may apply: (1) the PUBLIC DEFENDER shall be relieved of any further responsibility for receiving new case assignments under this contract; (2) the PUBLIC DEFENDER will continue to represent those defendants assigned prior to the date of termination and who have a#rial date set and shall complete representation in all such cases; provided that, after termination or completion of the confract pursuant to court rules and the Rules of Professional Conduct, the PUBLIC DEFENDER may withdraw from any case as permitted by court rule. Exhibit A Resolution 4650 Public Defender Contract January 1, 2011 - December 31, 2012 Page 9 of 10 ~ DATED this--~ Day,of 2010. 'CF OF AUBU Peter B. Lewis Mayor ATTEST: ~ D~C 6 2010 - Danielle E. Daskam Date City Clerk " , APPRO FORM: DEC . 6 2010 Daniel Heid Date City Attomey Law OfFc he J. ak ~ Represenfative Date Exhibit A Resolution 4650 Public Defender Contract January 1, 2011 - December 31, 2012 Page 10 of 10 1sT AMENDMENT to 2011-2012 PUBLIC DEFENSE SERVICES AGREEMENT This Is'Amendment to the 2011-2012 Public Defense Services Agreement is entered into by the City of Auburn("City") and the Law Offices of Matthew J Rusnak ("Public Defender")on the date signed below by the parties. Recitals: A. The Parties entered into a Public Defense Services Agreement on December 8, 2010 ("Original Agreement") under which the Public Defender agrees to provide legal representation for qualified individuals appearing in the Auburn Municipal Court. B. On June 15, 2012, the Washington Supreme Court issued Order No. 25700-A-1004 ("Order"), adopting new standards for indigent defense, and certification of compliance. Some of those new standards take effect October 1, 2012. The parties agree that clarifying the Original Agreement to incorporate these new standards would be beneficial. C. Section 3 1 of the Order requires that the City establish the maximum number of cases that each attorney will be expected to handle under the Original Agreement. The Order does not impose a specific or recommended case limit until October 2013. At that time, the Order suggests an guideline of 400 cases per attorney(if the City does not use a Weighted case counting system). In order to determine a maximum number of cases for the remainder of 2012,the City, in coordination with the Public Defender, has reviewed the 2012 public defense case load to date. Based on that review,the City has determined that the following factors warrant an upward deviation from the proposed maximum unweighted case limit guideline: 1 The experience level of the staff at the Public Defender's office shows that each attorney has over 10 years' criminal defense experience. This allows them to more efficiently analyze charges, which in turn allows them to provide effective-advice to their clients. As a result, the experienced attorneys are capable of handling more cases while still providing effective representation. 2. Because there were no case limits for the first three quarters of 2012, if lower limits were implemented at this point, some of the attorneys may have already reached those limits and would be unable to advise any more clients. It would be inequitable to `-`punish"the Public Defender's office by revising their contract three-quarters of the way through the second year of the contract term in such a manner that would prevent them from fulfilling that contract. 1 s`Amendment to 2012 Public Defender Contract September 18, 2012 Page 1 of 7 D. Other issues have come up during the execution of the Original Agreement that the parties wish to clarify Agreement: In consideration of the mutual promises contained herein,the parties agree to amend the Original Agreement as follows: 1 Section III:A.2 is stricken in its entirety, and replaced by the following: 2. Case defined. 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, provided, that a case.shall not exceed four(4) criminal counts on a maximum of two (2) criminal citations arising out of the same general course of conduct over a short period of time. Example: a single person charged with three (3)different Driving While License Suspended charges would be counted as three(3) separate cases because the incidents necessarily took place at separate times. However, a single individual charged with Reckless Driving, DUI, Hit and Run (Attended) and Driving While License Suspended arising out of one incident(on two citations) would count as one case. 2. Section III.A.4 of the Original Agreement is amended to read as follows: 4 The PUBLIC DEFENDER may associate or employ additional or different attorneys to represent defendants at no extra cost to the CITY Any counsel associated with or employed by the PUBLIC DEFENDER shall have the authority to perform the services called for herein. All associated counsel hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. Sufficient counsel shall be provided to represent defendants during vacations, illnesses, and settings in more than one courtroom.No legal interns shall be used unless agreed to by the CITY in advance. No attorney shall handle more than 600 public defense cases annually during the term of this Agreement. This limit applies to the individual attorney for all courts in which the attorney practices. 3 Section III.A is amended by adding a new paragraph III.A.15 to read as follows: 15`Amendment to 2012 Public Defender Contract September 18, 2012 Page 2 of 7 15 If the Conflict Public Defender has been appointed as conflict counsel in a case, the Conflict Public Defender shall file a notice of appearance with the court, and shall serve a copy on the City Attorney If the case is a RALJ appeal, the notice shall be filed in the Superior Court, with a copy to the Municipal Court and the City Attorney 3 Section IV, second paragraph, is amended to read as follows: In the event the Public Defender files an appeal on behalf of a qualified client, the City will pay an additional Four Hundred Dollars ($400.00) to the Public Defender upon its litigation and disposition. Should the City file an appeal in a case involving the Public Defender, the City will pay the Public Defender an additional Four Hundred Dollars ($400.00) upon its litigation and disposition. If, instead of fully litigating an appeal on behalf of a qualified client the.Public Defender f les an Anders brief and subsequently withdraws from the case. the City will pay the Public Defender Two Hundred Dollars ($200.00)upon the Court's approval of the Public Defender's withdrawal from the case. In addition, the City will pay for transcription costs required for the appeal, regardless of which party files the appeal. 4 A new section, III.A.15, Case monitoring and case load recommendations, is added to read as follows: 15 Caseload Monitoring. A. The purpose of this Section is to provide data to support the City's possible adoption of a case weighting system, and to establish caseload limits. Using the case weighting system currently adopted by the City of Kent (Attachment A), the Public Defender shall track assigned cases. At least quarterly,the Public Defender shall provide a report that shows the total number of cases assigned, broken down by the types of cases in Attachment A. The Public Defender will meet with the City to review the report, and to discuss whether Kent's weighting system accurately reflects the amount of work performed by the Public Defender. B. Factors to consider- In evaluating the proposed weighting system,the Public Defender shall consider(and shall include in each report)the effect of the criteria in Section 3.3 of Supreme Court Order 25700-A-1004 ("Order"). The Public Defender shall recommend adjustments to caseloads based on the experience of the attorneys, and shall provide justification for those adjustments. The Public Defender shall recommend adjustments to the case weighting system based on the effect of Stipulated Orders of Continuance, Deferred prosecution, or other alternative dispositions. The Public Defender shall also recommend adjustments I't Amendment to 2012 Public Defender Contract September 18, 2012 Page 3 of 7 based on dispositions such as diversions, or reductions to infractions or other alternative dispositions that do riot include a plea of guilty (as provided for in Section 3.6(B)(v)of the Order All other provisions of the original agreement shall remain in full force and effect. T MATT OF AU BURN LAW OFFI Peter B. Lewis, Mayor Date snak Da A est: Damelle E. Daskam, City Clerk Date Approv as to form: 6z '11P 4 4 /�- Dariiel B. Heid, City Attorirey ate 1 s`Amendment to 2012 Public Defender Contract September 18, 2012 Page 4 of 7 APPENDIX A TO 11T AMENDMENT TO 2011-2012 PUBLIC DEFENSE CONTRACT Allowing Minor to Frequent Bar 1/3 Allow Unauthorized Person to Drive 1/3 Altered License 1/3 Assault: Domestic Violence 1 Non Domestic Violence 1 With Sexual Intent 2 Animal Cruelty 1 Attempted Assault 2/3 Attempted Forgery 2/3 Attempted Theft 2/3 Canceled Plates/Registration 1/3 Complicity 2/3 Commercial License Needed 1/3 Concealed Weapon 2/3 Conspiracy 2/3 Counterfeiting Trademark 2/3 Criminal Attempt 2/3 Criminal Trespass 1/3 Custodial Interference I Cyber Stalking 1 Dangerous Animal at Large 2/3 Discharge of Firearm 2/3 Disorderly Conduct 1/3 Display of Weapon 2/3 DUI 1 DWLS 1 1/2 DWLS 2 1/2 DWLS 3 1/3 Criminal Assistance 1/3 Escape 2/3 Failure to Transfer Title 1/3 Failure to Disperse 1/3 Failure to Obey 1/2 Failure to Obey Flagman 1/2 Failure to Obtain Vehicle License 1/3 Failure to Stop 1/2 Failure to Secure Load 1 Failure to Surrender License 1/3 1 S`Amendment to 2012 Public Defender Contract September 18, 2012 Page 5 of 7 False Identification 1/2 False Insurance Card 1/2 False Information 1/2 False Reporting 1/2 False Statement 1/2 Fraud Dr. License: 1/2 Furnishing Liquor to Minor 1/2 Harm to a Police Dog 1 Harassment 1 Telephone Harassment 1 Domestic Violence Harassment 1 Hit and Run Attended 1 Hit and Run Unattended 1/2 Illegal Fireworks 1/3 Illegal Use of Dealer Plate 1/3 Immoral Conduct with a_ Min_or 1 Indecent Exposure 1 Inhale Toxic Fumes 1 Interfering with reporting to 911 2/3 Invalid Trip Permit 1/3 Loiter for Prostitution 1/2 Malicious Mischief Domestic Violence 1 Malicious Mischief Non-Domestic Violence 2/3 Minor Frequenting a Tavern 1/2 Minor Intoxicated in Public 1/2 Minor in Possession/Consumption 1/2 Neglect of a Child 1 Negligent Driving 1 1 No Valid Operator's License 1/3 Obstructing 2/3 Operating Vehicle without Cert. of Ownership 1/3 Operating Vehicle without Ignition Interlock 1/2 Patronizing a Prostitute 1/2 Physical Control 1 Possession of Drug Paraphernalia 1/2 Possession of Marijuana 1/2 Possession of Stolen Property 2/3 Possession/Making Burglary Tools 2/3 Possession another's ID 1/2 Possession of Legend 2/3 Prostitution 1/2 Provoking Assault 2/3 Public Disturbance 1/3 1"Amendment to 2012 Public Defender Contract September 18,.2012 Page 6 of 7 Reckless Driving 2/3 Reckless Burning 2/3 Reckless Endangerment 2/3 Refuse to Cooperate 1/2 Crimes Requiring Registration as Sex Offender 2 Resisting Arrest 2/3 Selling Liquor to Minor 1/2 Stalking 1 Tampering with Property of Others 1/2 Tampering with a Witness 1 Theft 3 2/3 Theft of Rental Property 2/3 Unlawful Issuance of Bank Check 2/3 Unlawful Bus Conduct 1/2 Unlawful Camping 1/3 Unlawful Racing 2/3 Vehicle Prowl 2/3 Vehicle Trespass 2/3 Violation of Anti-harassment Order 2/3 Violation of No Contact Order 2/3 Violation of Instruction Permit 1/3 Violation of Occupancy License 1/3 Violation of Protection Order 2/3 Violation of Restraining Order 2/3 Violation of S.O.A.P Order 1/2 Weapons Capable of Harm 2/3 151 Amendment to 2012 Public Defender Contract September 18, 2012 Page 7 of 7