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HomeMy WebLinkAbout5584 RESOLUTION NO. 5584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND CAYCE & GROVE FOR PUBLIC DEFENSE SERVICES WHEREAS, RCW 10.101 and the State and Federal Constitutions require effective legal representation for indigent persons in all circumstances where the right to counsel attaches; and WHEREAS, the King County District Court presides over City of Auburn cases involving indigent persons, and the City provides Public Defense Services to indigent persons in such cases; WHEREAS, the City of Auburn desires to provide its public defense services by contract; and WHEREAS, in 2013 the City retained the law firm of Cayce & Grove to provide these services by contract following a published request for proposals; WHEREAS, Cayce & Grove has provided quality services to the City and to its clients under the agreement, and the City seeks to renew its contract with Cayce & Grove for this purpose. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5584 March 17, 2021 Page 1 of 2 Section 1. The Mayor and City Clerk are hereby authorized to execute the Public Defense Services Contract between the City of Auburn and Cayce & Grove attached as Exhibit 1 to this resolution. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 5th day of April, 2021. CITY OF AUBURN ANCY : , MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney PUBLIC DEFENSE SERVICES CONTRACT CITY OF AUBURN, WASHINGTON April 15, 2021 — December 31, 2021 THIS AGREEMENT made and entered into by the City of Auburn; hereinafter referred to as "CITY," and The Law Offices of Cayce & Grove, hereinafter referred to as "PUBLIC DEFENDER," do hereby agree to the 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 qualify after CITY and/or court financial screening pursuant to this agreement and RCW 10.101.020. The PUBLIC DEFENDER will represent these defendants from appointment through trial, sentencing, post-conviction review, and any appeals to Superior court or Washington appellate courts. The PUBLIC DEFENDER will also represent CITY defendants when referred to the City's community court, and during in custody hearings at SCORE jail (whether appointed to represent the in custody defendant or not), unless the representation would violate applicable law or this agreement, or the defendant is represented by a different attorney. 2. Unless screened by a judge, the City shall screen defendants to determine their eligibility for public defense services under this agreement. The screener shall promptly notify the PUBLIC DEFENDER, City and Court of any defendant appointments and shall deliver to all appointed defendants an introduction letter from the PUBLIC DEFENDER that outlines the defendant's responsibilities in the attorney-client relationship in plain, simple, and concise language. II. RESPONSIBILITIES OF PUBLIC DEFENDER 1 . Competent professional services. The PUBLIC DEFENDER shall provide competent professional legal services to the defendants represented in accordance with CrRLJ 3.1 (Standards 14.1 and 14.2.K). The PUBLIC DEFENDER shall comply with the Rules of Professional Conduct (RPC), with City of Auburn Resolution 4849, and with any future public defense standards the CITY may be adopt pursuant to RCW 10.101.030 or other applicable law Any attorney employed and/or associated by the PUBLIC DEFENDER with less than three (3) years of experience shall practice under the direct supervision of any attorney with at least three (3) years' experience. Such experience shall include at least one-third emphasis on criminal defense. 2. Caseloads, monitoring and compliance. The PUBLIC DEFENDER and any individual associate attorneys shall maintain caseloads at a level allowing effective representation for each defendant. Pursuant to the standards imposed by Washington Public Defender Contract April 15,2021 —December 31,2021 Page 1 of 12 Supreme Court Order No. 25700-A-1004 ("Order")a and CrRLJ 3.1, no PUBLIC DEFENDER attorney shall handle more than four hundred (400) 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. The PUBLIC DEFENDER shall prepare and file Certifications of Compliance with the court as required by CrRLJ 3.1 and shall submit a copy of these certifications to the CITY'S Director of Human Resources/Risk Management. By the 1St day of the month after accepting or concluding a case representation under this agreement the PUBLIC DEFENDER shall file a report with the CITY including the following information: (a) the name of each defendant representation commenced that month; (b) the criminal cause number(s) for the defendant; (c) the date of appointment; (d) whether the defendant was appointed by the Court or the CITY's screener; (e) if representation ceased pursuant to paragraph 111.5 of this agreement at any time during the process; (f) a listing of all cases in which the defendant has been sentenced or acquitted; and (g) the case count information required by paragraph 111.3 of this Agreement. The PUBLIC DEFENDER will meet with the CITY at least quarterly to review these reports. III. SERVICES PROVIDED BY THE PUBLIC DEFENDER 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 Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). The PUBLIC DEFENDER or the CITY may request rescreening 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 to provide defendants with legal advice. 1. Case defined. A case is defined as an incident that leads to the CITY filing a criminal complaint(s) naming a person as defendant or respondent, in which the PUBLIC DEFENDER is appointed for representation. Pursuant to CrRLJ 3.1 (Standard 3.3), multiple citations from the same incident are counted as one case. Offenses separated by time and distance warranting severance pursuant to CrRLJ 4.4(b) shall be considered separate cases. 2. Case Count. (a) Pretrial: Each pretrial case is counted once regardless of subsequent reappointments after a defendant's pretrial failure to appear (FTA). Cases will be a In 2020 the Washington Supreme Court amended Order No. 25700-A-1004 in Order No.25700-A-1309. These amendments do not materially affect the terms of this agreement. Public Defender Contract April 15,2021 —December 31,2021 Page 2 of 12 counted at the first appointment. Cases where the PUBLIC DEFENDER withdraws due to a conflict of interest or to the substitution of a private attorney will be included on a monthly report to the City but not counted as PUBLIC DEFENDER cases; (b) Post-conviction hearings: Post-conviction cases where defendants FTA and are subsequently reappointed to the PUBLIC DEFENDER will be counted as a case again only once, no matter the number of post-conviction FTA and subsequent counsel appointments Unless it would violate applicable law or this agreement, the PUBLIC DEFENDER agrees to complete representation commenced for any defendant even if Court proceedings continue beyond the PUBLIC DEFENDER's responsibility for public defense services under this agreement. This does not include post-conviction reviews. 3. 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 in this agreement . All associate counsel shall be admitted to practice in Washington courts, and able to meet the requirements of CrRLJ 3.1 (Standards 14.1 and 14.2.K). Sufficient counsel shall be provided to represent defendants during vacation, illnesses, and case settings in more than one (1) courtroom. No APR 9 legal interns shall be used in representation under this agreement 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 forty-five (45) days from the receipt of each payment the consultant receives from the CITY. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the CITY. 4. Conflicts of interest. (a) Both parties agree that the PUBLIC DEFENDER will cease client representation when required by the Rules of Professional Conduct (RPC) for conflicts of interest or when otherwise ordered by the court. Upon discovery of a conflict of interest in representing a defendant , the PUBLIC DEFENDER shall immediately notify the CITY, the Court, and the defendant of the conflict and the intent to withdraw. To the extent necessary, the PUBLIC DEFENDER will assist the City with in retaining qualified substitute public defense counsel. (b) Upon receiving notice of a withdrawal due to conflict of interest„ it will be the CITY'S financial responsibility to pay alternative counsel to represent the defendant. If the CITY disputes the PUBLIC DEFENDER'S withdrawal, the CITY shall file a motion regarding the dispute with the Court. All parties shall be bound by the Court's ruling or any appeal of it. Public Defender Contract April 15,2021 —December 31,2021 Page 3 of 12 5. The PUBLIC DEFENDER shall maintain office space and appointments for defendants sufficient for effective representation and at least during regular business hours of 8:00 a.m. until 5:00 p.m., Monday through Friday. Appointments shall be available at the courthouse for defendants who are otherwise unable to obtain transportation to the PUBLIC DEFENDER'S office. Local non-service-charge phone service throughout the municipality shall be available as well as toll free and collect phone service from SCORE jail and the King County jails. 6. The PUBLIC DEFENDER will make every effort to coordinate cases with CITY prosecutors at least once per week, in advance of upcoming court dates. 7. The PUBLIC DEFENDER will be available for all calendars scheduled by the Court. The PUBLIC DEFENDER will represent clients at King County District Court (Auburn), the SCORE Jail facility, or otherwise as the court may direct. The PUBLIC DEFENDER will ensure that all calendars are adequately staffed with defense attorneys to ensure that public defense clients receive adequate representation pursuant to the CrRLJ 3.1 standards and this agreement, and that Court calendar time is used efficiently and productively in addressing cases. The following are the current calendars scheduled: (a) 3 pretrial calendars a week (2 am and 1 pm) (b) 1 Bw cal courtesy calendar per week (currently wed) (c) Daily in-custody courtesy calendar first appearance (currently 10 am daily) (d) 2 in-custody 2nd appearance calendars (currently wed/fri am) (e) 1 courtesy arraignment calendar per week (currently thurs am) (f) 1 sentencing calendar per week (currently thurs pm) (g) 1 motions calendar per week (currently mon pm) (h) 3 review calendars per week (currently thurs pm/fri am and pm) (i) 1 readiness per month (currently fri am, last of the month) (j) Jury week 1 time per month 8. The PUBLIC DEFENDER shall provide the Auburn Police Department and SCORE Jail telephone numbers for 24 hour telephone access to the PUBLIC DEFENDER for critical stage advice to defendants as required by CrRLJ 3.1 or other applicable law. 9. The PUBLIC DEFENDER shall institute and maintain a procedure to review client complaints, and shall refer any unresolved complaint to the Washington State Bar Association. 10.Assignment or Subcontractors: The PUBLIC DEFENDER may not assign or transfer of this Contract or any interest in it without the CITY'S prior written consent. 11.Unless legally protected from disclosure, all documents, reports, memoranda, plans, and/or any other materials created or otherwise prepared by the PUBLIC DEFENDER in performing this Agreement (the "Work Products") shall be owned by and become the property of the CITY, and may be used by the CITY for any purpose beneficial Public Defender Contract April 15,2021 —December 31,2021 Page 4 of 12 to the CITY. The PUBLIC DEFENDER may retain copies of any documents, reports, etc. it authors. 12. If a substitute attorney is appointed to represent a defendant due to a PUBLIC DEFENDER conflict of interest, the PUBLIC DEFENDER shall coordinate the transmission of any discovery materials the PUBLIC DEFENDER has received to the substitute attorney. IV. COMPENSATION Compensation to the PUBLIC DEFENDER for public defense services beginning April 15, 2021 through December 31, 2021 shall be paid Six Hundred and Seventy Thousand dollars ($670,000.00) per year and will be billed at Fifty-Five Thousand Eight Hundred and Thirty-Three dollars ($55,833.33) per month and includes all appointed cases up to two thousand three hundred and fifty (2,350) and the attendance at arraignments as courtesy counsel, and first appearance jail calendar. The CITY will be billed Two Hundred and Twenty Dollars ($220.00) per case for any appointed case above the first two thousand three hundred and fifty (2,350) appointed cases. The CITY will be billed Two Hundred and Seventy-Five Dollars ($275.00) per case for any appointed case for community court. In addition, the CITY will pay for transcription costs required for the appeal, regardless of which party files the appeal. The above compensation is intended to cover the PUBLIC DEFENDER'S administrative costs as contemplated by CrRLJ 3.1 (Standard 5.2) and the costs of any investigators retained by the PUBLIC DEFENDER pursuant to CrRLJ 3.1 (Standard 6.1). The PUBLIC DEFENDER shall be financially responsible for any additional services retained in the course of performing this agreement, unless such expense is approved in advance by the court pursuant to CrRLJ 3.1(f). 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 its invoice for compensation under this agreement to the CITY no later than the 4th day of each month. The CITY shall pay the invoice the day after the first CITY Council that follows the PUBLIC DEFENDER'S invoice submission. The PUBLIC DEFENDER agrees and understands that they are an independent contractor and not a CITY agent or employee. The PUBLIC DEFENDER has the sole control of the manner and means of providing the services required under this agreement, and is for reporting work hours, earnings, income tax, and social security to applicable federal and state agencies. The PUBLIC DEFENDER understands that he/she is not entitled to any CITY employment benefits including, but not limited to, paid leave, health insurance coverage, retirement programs, and/or unemployment insurance. Public Defender Contract April 15,2021 —December 31,2021 Page 5 of 12 V. TERM OF CONTRACT This Agreement shall remain in full force and effect from April 15, 2021 , through December 31, 2021 . This Agreement may be annually extended or renewed under the terms of this Agreement, or as modified by agreement of both parties, at or before the conclusion of the term of this Agreement. Such extension or renewal shall be agreed in writing between the Parties. VI. POLICY AGAINST DISCRIMINATION The PUBLIC DEFENDER shall not discriminate in employment practices on the basis of race, creed, color, age, disability, religion, sex, or sexual orientation and follow the CITY's policy on nondiscrimination. The PUBLIC DEFENDER should comply with all local, state, and federal laws regarding discrimination. VIII. INSURANCE AND INDEMNIFICATION A. Insurance The PUBLIC DEFENDER shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or property which may arise from, or in connection with, the performance of work hereunder by the PUBLIC DEFENDER, or the agents, representatives, employees, or subcontractors of the PUBLIC DEFENDER. The PUBLIC DEFENDER shall obtain insurance of the types described below, naming the City as an additional named insured: 1 . Commercial General Liability insurance shall be written with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate. 2. Workers' Compensation per statutory requirements of Washington industrial insurance RCW Title 51. 3. Professional Liability insurance shall be written with limits no less than $1,000,000.00 per claim and $2,000,000.00 policy aggregate limit. B. No 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, the PUBLIC DEFENDER loses its professional liability insurance coverage, the PUBLIC DEFENDER must immediately notify the CITY'S Director of Human Resources/Risk Management. Public Defender Contract April 15,2021 —December 31,2021 Page 6 of 12 C. 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: 1. 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 CITY shall be excess of the PUBLIC DEFENDER's insurance and shall not contribute with it. 2. The PUBLIC DEFENDER'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. D. Indemnification The PUBLIC DEFENDER agrees to hold harmless and indemnify the CITY, its officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including PUBLIC DEFENDER's fees or awards, and including claims by PUBLIC DEFENDER's own employees to which PUBLIC DEFENDER might otherwise be immune under Title 51 arising out of or in connection with any willful misconduct or negligent error, or omission of the PUBLIC DEFENDER, his/her officers or agents. It is specifically and expressly understood that the indemnification provided herein constitutes the waiver of the PUBLIC DEFENDER's waiver of immunity under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. The CITY agrees to hold harmless and indemnify the PUBLIC DEFENDER, his/her officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including PUBLIC DEFENDER's fees or awards, arising out of or in connection with any willful misconduct or negligent error or omission of the CITY, its officers or agents. This clause shall survive the termination or expiration of this agreement and shall continue to be in effect for any claims or causes of action arising hereunder. 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 therefor. Public Defender Contract April 15,2021 —December 31,2021 Page 7 of 12 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 agreement; 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 contract, 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 trial date set and shall complete representation in all such cases; provided that, after termination or completion of the contract pursuant to court rules and the Rules of Professional Conduct, the PUBLIC DEFENDER may withdraw from any case as permitted by court rule. Public Defender Contract April 15,2021 —December 31,2021 Page 8 of 12 DocuSign Envelope ID:0924AAB0-4771-4901-977B-FC9C98C346F9 DATED this Day of \�, . , 2021. CITY OF AUBURN ancy Ba s Mayor ATTEST: Shawn Campbell Date City Clerk APPROVED AS TO FORM: lU M GaN� 1 21- Kendra Comeau Date City Attorney Law Offices of Cayce & Grove Roeusigned by: �I� 4/7/2021 S WL'21,D6M1, Representative Date Public Defender Contract April 15,2021 —December 31,2021 Page 9 of 12 APPENDIX A TO PUBLIC DEFENSE CONTRACT April 15, 2021 — December 31, 2021 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 1 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 False Identification 1/2 False Insurance Card 1/2 Public Defender Contract April 15,2021 —December 31,2021 Page 10 of 12 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 Identity Theft Illegal Fireworks 1/3 Illegal Use of Dealer Plate 1/3 Immoral Conduct with a Minor 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 Non-felony forgery 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 a Controlled substance 1/2 Possession of Drug Paraphernalia 1/2 Possession of Marijuana 1/2 Possession of Stolen Property 2/3 Possession/Making Burglary Tools 2/3 Possession of Another's ID 1/2 Possession of Legend 2/3 Prostitution 1/2 Provoking Assault 2/3 Public Disturbance 1/3 Reckless Driving 2/3 Reckless Burning 2/3 Public Defender Contract April 15,2021 —December 31,2021 Page 11 of 12 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 Imprisonment 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 Public Defender Contract April 15,2021 —December 31,2021 Page 12 of 12