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RESOLUTION NO. 3 4 7 7
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 2003 -
2004 BETWEEN THE CITY AND MCCRUMB LAW FIRM, PS ATTORNEYS AT
LAW.
WHEREAS, The City of Auburn, recognizes the value in maintaining
continuity of a public defender law firm; and
WHEREAS, the City of Auburn currently retains TUTTLE-MCCRUMB,
PLLC, for Public Defender Services; and
WHEREAS, TUTTLE-MCCRUMB, PLLC, will be dissolved to become
MCCRUMB LAW FIRM, P.S., ATTORNEYS AT LAW on December 31,2002.
NOW THEREFORE, 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
2003-2004 between the City and MCCRUMB LAW FIRM, P.S., 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.
Resolution 3477
May 28. 2002
Page 1
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation. ,
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DATED and SIGNED this .:)1/ day of June 2002.
ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution 3477
May 28, 2002
Page 2
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PUBLIC DEFENSE SERVICES CONTRACT Ol.-Ely Q <' ~ <'00<,
CITY OF AUBURN, WASHINGTON 'YOt ~-'/U
JANUARY 1, 2003 - DECEMBER 31,2004 S"RI(S Jj!,RA;
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THIS AGREEMENT made and entered into by the City of Auburn, hereinafter referred
to as "CITY," and The McCrumb Law Firm, P.S., Attorneys at Law, hereinafter referred to as
"PUBLIC DEFENDER," do hereby agree to the following terms and conditions:
1.
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 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 for appointment of the PUBLIC DEFENDER to represent indigent
defendants shall be as follows: (I) 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 qualified financially for PUBLIC DEFENDER services pursuant to court rule
and RCW 10.101.005 et. seq. and shows proof of income such as, but not limited to,
unemployment benefit compensation, income tax returns, or pay stubs.
2. Screening information shall be confidential and the defendant shall swear or certify
under penalty of peIjury 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. Reporting Procedures:
Public Defender Contract
2003-2004
Page 1 of7
Exhibit "A"
1. Screener: The screener shall file a weekly report with the Court which indicates the
following: (I) 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: (I) each defendant who has been appointed and a Notice of
Appearance was filed; (2) criminal charge(s) and cause number(s) for defendants represented;
(3) a request for an order authorizing withdrawl within thirty (30) days of final disposition.
Further, the report shall designate whether the defendant was appointed by the Court or by the
screener. All reports are due on or before the tenth day of each month following the appointment
and filing of the Notice of Appearance.
II. RESPONSIBILITIES OF PUBLIC DEFENDER
A. The PUBLIC DEFENDER shall be responsible to provide competent professional
legal services to the defendants represented. The PUBLIC DEFENDER shall employ and/or
associate a sufficient number of attorneys and staff to provide such service. The CITY shall
incur no extra cost for the employed and/or associated attorneys and staff. 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 any 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 any 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 to assure effective
representation. All attorneys representing defendants pursuant to the contract herein shall
comply with the following: (1) attend at least 15 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.
III. SERVICES PROVIDED BY THE PUBLIC DEFENDER
A. Scope of Service:
Public Defender Contract
2003.2004
Page 2 of7
Exhibit "A"
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 an additional
Four Hundred dollars ($400.00) for every case which is appealed and briefed by the PUBLIC
DEFENDER. 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.
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 (Attended) and Driving While License Suspended arising
out of one event (on two citations) would be counted as one client.
3. 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 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 conflict exists.
4. 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 or any appeal therefrom.
5. 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 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 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 pursuant to the will of
Public Defender Contract
2003.2004
Page3 of7
Exhibit "A"
the court.
8. 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.
9. 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.
10. The PUBLIC DEFENDER shall institute and maintain a procedure to review
defendants' complaints. Complaints, which are not immediately resolved by the PUBLIC
DEFENDER, shall be referred to the Washington State Bar Association and/or the court.
IV. COMPENSATION
Compensation to the PUBLIC DEFENDER for public defense services for the year(s)
2003 and 2004 shall be One Hundred Fifty Nine Thousand Six Hundred Dollars ($159,600.00)
for each year, paid in monthly installments of Thirteen Thousand Three Hundred Dollars
($13,300.00).
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.
v. TERM OF CONTRACT
This Agreement shall remain in full force and effect from January 1'" 2003, through
December 31, 2004. Moreover, this Agreement shall then automatically be renewed for an
additional year at the conclusion of the term of this Agreement, or at the conclusion of any
extension thereof, unless either party provides the other with notice of an intent not to extend
this Agreement. Said notice shall be received by the other party not less than sixty (60) days
prior to the expiration of the term of this Agreement or the expiration of any extension thereof.
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. The PUBLIC DEFENDER
should comply with all local, state, and federal laws regarding discrimination.
VII. PUBLIC DEFENSE STANDARDS
Public Defender Contract
2003.2004
Page 4 of7
Exhibit "A"
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 2014.
VIII. INSURANCE AND INDEMNIFICATION
A. The PUBLIC DEFENDER shall secure and maintain a policy of comprehensive
professional liability insurance. If a claim is in excess of the policy limits, then THE
MCCRUMB, LAW FIRM, P.S. shall indemnify the City of Auburn from any liability.
The PUBLIC DEFENDER does hereby 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 any issues which may arise due to the fact that the liability insurer is
not licensed to do business in the State of Washington.
Further, THE MCCRUMB LAW FIRM, P,S. further agrees that should any claims be submitted
or filed against them which are not covered by professional liability insurance, THE
MCCRUMB LAW FIRM, P.S. may be sued to recover amounts of all claims together with any
attorneys fees and costs.
The required professional liability policy shall have limits of not less than One Million Dollars
($1,000,000.00). Written proof of the insurance policy for the calendar year January 1st, 2003
through December 31 st, 2003 shall be filed with the CITY at the inception of this contract, and
again no later than January 1, 2004, for the period of time between January I, 2004, through
December 31, 2004. Failure to present timely proof of insurance will be grounds for immediate
termination of this contract.
B. The PUBLIC DEFENDER also shall provide the CITY with proof of insurance for
"tail coverage," no later than December I, 2004. The purpose of "tail coverage" insurance is to
provide insurance coverage for all claims that might arise from occurrences during the term of
this agreement or extension(s) thereof, but not filed during the term..
C. If, for any reason, the PUBLIC DEFENDER loses its comprehensive professional
liability insurance coverage, the PUBLIC DEFENDER must immediately notify the City Clerk.
D. 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.
IX. TERMINATION OF CONTRACT
Public Defender Contract
2003.2004
PageS of7
Exhibit "A"
A. Grounds for Immediate Termination. The City retains the right to immediately
terminate this contract in the event either of the following incidents occur:
1. Failure to provide timely proof of comprehensive professional liability insurance due
at any ofthe times required herein.
2. Loss of comprehensive professional liability insurance coverage regardless of the
reason therefor.
B. Additionally, either the CITY or the PUBLIC DEFENDER may terminate this
contract in the event of the following:
I. Any other breach ofthis 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 been 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 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: (I) 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.
DATED this,-3 r.YDay of (fUu---- ,2002.
,I
j CITY
Peter B. Lewis
Mayor
Public Defender Contract
2003.2004
Page 6 of7
Exhibit "A"
ATTEST:
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Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
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aniel Heid
City Attorney
THE MCCRUMB LAW FIRM, P.S.
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Attorney at Law
Public Defender Contract
2003-2004
Page 7 of7
Exhibit "A"
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