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HomeMy WebLinkAbout3132 RESOLUTION NO. 3132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR PUBLIC DEFENSE SERVICES FOR 2000- 2001 BETWEEN THE CITY AND TUTTLE MCCRUMB, P.L.L.C., ATTORNEYS AT LAW. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn, Washington are herewith authorized to execute a Contract for Public Defense Services for 2000-2001 between the City and TUTTLE MCCRUMB, P.L.L.C., ATTORNEYS AT LAW. A copy of the said Contract is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3132 December 6, 1999 Page 1 DecerriJer DATES this 6th day of#avember 1999. c..kntr, ~. ~ðò-R CHARLES A. BOOTH Mayor ATTEST: &~~~ City Clerk APPROVED AS TO FORM: t' . ,... . \ ' c/,~Û(lCb'("\ Michael J. Reynolds City Attorney Resolution No. 3132 December 6, 1999 Page 2 PUBLIC DEFENSE SERVICES CONTRACT CITY OF AUBURN, WASHINGTON JANUARY 1, 2000 - DECEMBER 31, 2000 THIS AGREEMENT made and entered into by the City of Auburn, hereinafter referred to as "CITY", Tuttle McCrumb, P.L.L.C., Attorneys at Law, hereinafter referred to as "PUBLIC DEFENDER", herein agrees to the following terms and conditions: I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES: A. General: 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.. Screening shall be available on a regular basis at or near the CITY's municipal court. The CITY shall pay the cost of screening services. The CITY shall provide to the PUBLIC DEFENDER, at no cost, copies of all discoverable materials regarding persons qualifying for public defense services and of the Auburn Municipal Code with all additions and amendments thereto. B. Screenina Procedure: 1. The criteria for 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 Auburn City Code; (2) The offense is one for which a person can be imprisoned; and (3) The Defendant qualifies financially Public Defense Contract - Tuttle McCrumb Resolution No..Jj.j¿' Exhibit "A" November 29,1999 Page 1 for PUBLIC DEFENDER services pursuant to Court rule and RCW 10.100.010 et. Seq. 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 screener 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 every defendant 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 letter of introduction to the defendant if necessary. C. ReDortina Procedures: 1. Screener: The screener shall file a weekly report with the Court which indicates the following: (1) Number of Defendants Interviewed; and (2) Number of Appointments to the PUBLIC DEFENDER. 2. PUBLIC DEFENDER: The PUBLIC DEFENDER shall file monthly reports with the CITY indicating the following: (1) Each defendant who has been appointed and a Notice of Appearance filed; (2) Criminal Charge(s) and cause number(s) of defendants represented. Further, the report shall designate whether the defendant was appointed by the Court or by the screener. All reports should be due on or before the tenth day of the month following the appointment and filing of the Notice of Appearance. II. QUALIFICATION OF PUBLIC DEFENDER A. The PUBLIC DEFENDER shall be responsible to provide competent and professional legal services to the defendants represented. The PUBLIC DEFENDER shall employ and/or associate a sufficient number of attorneys and Public Defense Contract - Tuttle McCrumb Resolution No..:!13"" Exhibit "A" November 29,1999 Page 2 staff to provide such service. The CITY shall incur no extra cost for the employed and/or associated attorneys. The PUBLIC DEFENDER and each attorney so employed and/or associated shall be an active member in good standing of the Washington State Bar Association. Any attorney employed and/or associated by the PUBLIC DEFENDER who does not have at least three years of experience shall practice under the direct supervision of an attorney who does have three years experience. Such experience shall include at least one- third emphasis on criminal defense. B. Legal interns involved in the representation of defendants in Court must have all of their work reviewed and/or countersigned by a supervising attorney. No legal intern shall have sole responsibility for administering and representing all of the defendants appointed and represented pursuant to the Contract herein. C. Case loads of the PUBLIC DEFENDER and any individual attorneys employed and/or associated therewith should be limited to that level of assignments which allows an attorney to give each defendant's case sufficient time and effort assure effective representation. All attorneys representing defendants pursuant to the Contract herein shall comply with the following: (1) Attend at least fifteen hours of continuing legal education each year, of which at least seven hours shall be specifically related to criminal defense or trial practice; (2) Have regular and routine review of their caseload with a supervising attorney to assure that there is objective monitoring and evaluation of each attorney. P'ublic Defense Contract - Tuttle McCrumb Resolution No~ Exhibit "A" November 29, 1999 Page 3 III. SERVICES PROVIDED BY THE PUBLIC DEFENDER A. ScoDe 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. In the event the PUBLIC DEFENDER files an appeal on behalf of a qualified client, the CITY shall pay the PUBLIC DEFENDER and additional Four - Hundred Dollars ($400.00) for,every case appealed. 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. a. Defendant Defined: A single individual charged with a maximum of 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 clients because the charges 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 event (on two citations) would be counted as one client. b. Recountina: The PUBLIC DEFENDER can recount a previously billed client after a substantial period of time (at least four months after final disposition and/or compliance with reviews) has passed since PUBLIC DEFENDER withdrawal, from a given case. Public Defense Contract - Tuttle McCrumb Resolution No..J 13.2- Exhibit "AU November 29, 1999 Page 4 2. The PUBLIC DEFENDER may associate or employ additional or different attorneys to represent defendants at no extra cost to the CITY. Upon discovery of any conflict with the representation of a specific defendant by the PUBLIC DEFENDER, the PUBLIC DEFENDER shall 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 conflict exists. 3. Upon receiving notice of a conflict of interest and agreeing thereto, it will be the CITY's financial responsibility to pay alternative counsel to represent the defendant. However, if the CITY contests the Notice of Intent to Withdraw, then the CITY shall immediately file 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 on any appeal therefrom. 4. Office Appointments for the defendants with 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 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 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 the CITY jail and the King County Jail. Public Defense Contract - Tuttle McCrumb Resolution No. N3.l....Exhibit "A" November 29, 1999 Page 5 5. The PUBLIC DEFENDER will make every effort to coordinate cases with assigned prosecutors at least one time per week, in advance of upcoming court dates. 6. Twenty-four hour emergency phone service or pager service shall be provided through the CITY Police Department for emergency phone contact with the PUBLIC DEFENDER as required by statute, case law, and applicable court rule in municipal misdemeanor cases. 7. 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. 8. The PUBLIC DEFENDER shall institute and maintain a procedure to review defendant's complaints. Complaints, which are not immediately resolved by the PUBLIC DEFENDER, shall be referred to the Washington State Bar Association and/or to the Court. IV. COMPENSATION Compensation for public defense services for 2000 shall be paid at a monthly rate of Ten Thousand Dollars ($10,000.00). In the event the number of defendants assigned to and represented by the PUBLIC DEFENDER exceeds a total of One-Thousand Three-Hundred and twenty-five (1,325) for the term of this Contract, the PUBLIC DEFENDER shall be paid, in addition to the monthly rate, Ninety Dollars and No Cents ($90.00) per defendant so represented above such Public Defense Contract - Tuttle McCrumb Resolution No..li...U:. Exhibit "A" November 29, 1999 Page 6 total number of Defendants; or, in the alternative, the CITY has the option to request renegotiation of this Section. Pursuant to regular CITY policy regarding payment for services rendered, the CITY shall make payment to the PUBLIC DEFENDER on the first day following the first CITY Council meeting following the timely submittal by the PUBLIC DEFENDER of a report pursuant to Section I (C) (2) herein for the preceding month. IV. TRANSITION All Defendants who appear for arraignment on or after Thursday, December 9,1999, and are appointed a public defender, will be appointed Tuttle/McCrumb as their public defender. Their court date will be in January. In December 1999, all cases on the pre-trial calendar that are assigned to the Law Firm of Jenkins, Hardy & Associates, and are not resolved, scheduled for Readiness/Jury and/or bench trial in January 2000, will remain with Jenkins, Hardy & Associates until disposition. All historical cases that have been heard with a disposition of Deferred Sentence, Stipulated Order of Continuance (SOC) or Deferred Prosecution will be inherited by the incoming PUBLIC DEFENDER, Tuttle/McCrumb. Tuttle/McCrumb will receive $20.00 per case on all future review dates on these particular inherited files. VI. TERM OF CONTRACT Public Defense Contract - Tuttle McCrumb Resolution No.3/3t. Exhibit "A" November 29, 1999 Page 7 1. The term of this Contract shall commence on the first day of January 2000 and be in effect through the last day of December 2000. 2. It is the intent of the CITY and the PUBLIC DEFENDER to create and ensure, if possible, continuity of future public defense services for the CITY. Therefore, on or before August 15, 2000, the CITY and PUBLIC DEFENDER shall meet to mutually explore the extension of the term of this Contract upon mutually agreeable terms and conditions; Provided, this agreement to discuss extension of the term of this Contract does not constitute a binding commitment or option to extend the term on the part of either the CITY or the PUBLIC DEFENDER. VII. 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. The PUBLIC DEFENDER should comply with all local, state, and federal laws regarding discrimination. VIII. PUBLIC DEFENSE STANDARDS The PUBLIC DEFENDER shall comply with the Rules of Professional Conduct. The PUBLIC DEFENDER shall comply with the CITY of Auburn Standards for Public Defense as adopted by the CITY on December 18,1989 pursuant to Resolution No, 2014. Public Defense Contract - Tuttle McCrumb Resolution No3/3 2- Exhibit "A" November 29, 1999 Page 8 IX. INSURANCE AND INDEMNIFICATION A. The PUBLIC DEFENDER shall secure and maintain a policy of comprehensive professional liability insurance with an insurance company licensed to do business in the State of Washington. Said policy shall have limits of not less than One Million Dollars ($1,000,000.00). Written proof of the insurance policy shall be filed with the CITY. B. The PUBLIC DEFENDER shall defend, indemnify and hold the CITY, its elected officials, officers and employees harmless from any and all claims, losses or liability, including attorneys fees, arising out of the PUBLIC DEFENDER's performance or obligations pursuant to this Contract, including claims arising by reason of accident, injury or death caused to persons or property of any kind occurring by the fault or neglect of the PUBLIC DEFENDER, and its legal associates or employees, and occurring without the fault or neglect of the CITY. X. TERMINATION OF CONTRACT A. Either the CITY or the PUBLIC DEFENDER may terminate this Contract in the event of the following: 1. Breach of Contract; or 2. Violation of the Rules of Professional Conduct; or 3. Good and Sufficient Cause. B. Such termination is effective only if the party terminating the Contract has been provided written notice of the deficiency is not corrected in a timely manner to the reasonable satisfaction of the first party. Public Defense Contract - Tuttle McCrumb Resolution No.~ Exhibit "A" November 29, 1999 Page 9 C. Written notice of termination 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. D. In the event of termination or upon completion of the Contract, the following conditions 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 all such cases; Provided that, after termination or completion of the Contract and pursuant to Court rules and the Rules of Professional Conduct, the PUBLIC DEFENDER may withdraw from any case as permitted by Court rule. December <!.M DATED this 6th day of~ 1999. ~~ A ,\~oc+Q CHARLES A. BOOTH Mayor ATTEST: ~~.~Q~ City Clerk . 'I X / ,(/( / / l / APPROVED AS TO FORM \' \ ( ,/'\ '\.,("\ . .-,,- .', ", ~/1Ql~\}Y'('~ \' MIKE REYNOLDS City Attorney ----- }h7VVi~ Ct("'¡iLlkt f-- . DONNA MCCRUMB Attorney at Law Tuttle & McCrumb, PLLC Public Defense Contract - Tuttle McCrumb Resolution No~ Exhibit "A" November 29, 1999 Page 10