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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.
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CHARLES A. BOOTH
Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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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:
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City Clerk
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APPROVED AS TO FORM
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MIKE REYNOLDS
City Attorney
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. DONNA MCCRUMB
Attorney at Law
Tuttle & McCrumb, PLLC
Public Defense Contract - Tuttle McCrumb
Resolution No~ Exhibit "A"
November 29, 1999
Page 10