HomeMy WebLinkAbout3910
RESOLUTION NO. 3 9 1 0
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 CALENDAR YEARS 2006 - 2007
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 Auburn provides Public Defense
Services; and
WHEREAS, the City of Auburn desires to contract its Public Defense
Services; and
WHEREAS, it is fiscally responsible for the City of Auburn to periodically
"shop" for quality defense services with the best return in its investment; and
WHEREAS, the City of Auburn published a Request for Proposal for the
purpose of reviewing bids that provide quality public defense service; and
WHEREAS, the City of Auburn has reviewed each proposal submitted in
accordance with the Request For Proposal; and
Resolution 3910
September 19, 2005
Page 1
WHEREAS, the City of Auburn finds the bid of The Law Offices of
Mathew J. Rusnak best meets the requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
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, 2006 through December 31, 2007. A copy of said
Agreement is attached hereto and denominated Exhibit "A" attached hereto and
incorporated by reference.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 3. Effective Date. This resolution shall be in full force and
effect upon passage and signatures hereon.
DATED and SIGNED this
3d
day of
() c1:
2005.
PE
----'
Resolution 3910
September 13,2005
Page 2
ATTEST:
~~u~_
City Clerk
APPROVED AS TO FORM:
./ V--') (
//// ..1" 0"/"/
, '-' /.: .. .'
,I' ;'1 ; ~
I -'.. I,' I,' .. ." .' '-
/ (/Ck;) .\j ,.' ",
,.v \
Da~1 B. Heid
City Attorney
Resolution 3910
September 13, 2005
Page 3
PUBLIC DEFENSE SERVICES CONTRACT
CITY OF AUBURN, WASHINGTON
JANUARY 1, 2006 - DECEMBER 31, 2007
THIS AGREEMENT made and entered into by the City of Auburn; hereinafter referred
to as "CITY," and Law Offices of Matthew 1. Rusnak, 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:
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, or subcontractor of the
PUBLIC DEFENDER, will provide defense services at all criminal calendars, and will be
available, in person, to talk to and meet indigent defendants at the Auburn Detention Center or
other alternative locations. 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: (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 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 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.
Public Defender Contract
January 1, 2006-December 31, 2007
Page 1 of 8
"Exhibit A"
C. Reporting Procedures:
I. 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 was filed; (2) date of appointment, criminal charge(s) and cause number(s) for
defendants represented; (3) a request for an order authorizing withdrawal within thirty (30) days
of final disposition, and (4) 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.
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
1. The PUBLIC DEFENDER shall represent each defendant from the date of
Public Defender Contract
January 1, 2006-December 31, 2007
Page 2 of8
"Exhibit A"
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 PUBLIC DEFENDER bears the cost of that appeal.
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) for every appeal that is
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. In addition, the Public Defender shall be present at arraignment hearings on stand-
by should a defendant request legal advice, effective January 1,2006.
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. Case Count: A case is counted where: the Court screens the defendant for
eligibility and appoints the PUBLIC DEFENDER, the Judge direct appoints the PUBLIC
DEFENDER from the bench, and ultimately the case is counted when there is a
judgment/sentence (disposition), or review hearing where the defendant has been re-screened. A
case is not counted if it is "conflicted", the defendant hires his/her own attorney, or if the
defendant fails to appear at any hearing and the PUBLIC DEFENDER withdraws as attorney of
record, pursuant to local rules.
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. The parties understand
that pursuant to Section 13 below, the PUBLIC DEFENDER may subcontract for bail hearings
at the King County Jailor alternative jails described in I A above. 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.
5. Upon discovery of any conflict with the representation of a specific defendant by
the PUBLIC 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 conflict
exists. The PUBLIC DEFENDER will assist the City with a list of qualified law firms with
Public Defender Contract
January 1, 2006~December 31, 2007
Page 3 of8
'''Exhibit An
which the CITY can contract for conflict public defense services. The list of conflict firms will
be maintained at the number 4.
6. 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. The Court
will rotate, in order, "conflicted" cases to each firm. 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.
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 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.
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 PUBLIC DEFENDER will be available for all calendars pursuant to the will
of the court.
10. The PUBLIC DEFENDER shall provide to the City of Auburn Police Department
and Auburn 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 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.
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 without the prior written
Public Defender Contract
January 1, 2006-December 31, 2007
Page 4 of8
"Exhibit A"
consent of the CITY.
IV. COMPENSATION
Compensation to the PUBLIC DEFENDER for public defense services beginning
January I, 2006 through December 31, 2007 shall be One Hundred Ninety-Three Thousand
Dollars ($193,500.00) for each year, paid in monthly installments of Sixteen Thousand One
Hundred Twenty Five Dollars ($16,125.00).
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 of the PUBLIC DEFENDER report.
V. TERM OF CONTRACT
This Agreement shall remain in full force and effect from January 1st, 2006, through
December 31, 2007. 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 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
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 and any future
standards for public defense services that may be adopted by the City pursuant to Chapter
10.101.030 of the RCW. The PUBLIC DEFENDER shall submit an affidavit to the Director of
Human ResourceslRisk Management, stating that the PUBLIC DEFENDER is in compliance wit
such standards. This affidavit shall be submitted thirty (30) days after the PUBLIC DEFENDER
has received a copy of such standards once adopted by the CITY.
VIII. INSURANCE AND INDEMNIFICATION
A. The PUBLIC DEFENDER shall secure and maintain a policy of comprehensive
Public Defender Contract
January I, 2006MDecember 31, 2007
Page 5 of8
"Exhibit A"
professional liability insurance. If a claim is in excess of the policy limits, then THE LAW
OFFICES OF MATTHEW J. RUSNAK 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 LAW OFFICES OF MATTHEW J. RUSNAK further agrees that should any
claims be submitted or filed against them which are not covered by professional liability
insurance, THE LAW OFFICES OF MATTHEW J. RUSNAK 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 1 '" 2006
through December 31st, 2006 shall be filed with the CITY at the inception of this contract, and
again no later than December 1,2006, for the period oftime between January 1,2007, through
December 31, 2007. 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 1,2006. 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
A. Grounds for Immediate Termination. The City retains the right to immediately
terminate this contract in the event either of the following incidents occur:
I. Failure to provide timely proof of comprehensive professional liability insurance
due at any of the times required herein.
Public Defender Contract
January I, 2006-December 31, 2007
Page 6 of8
"Exhibit A"
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:
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
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 ofthe 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.
3,:1.- /J -I /
DATED this Day of Ut~ d roef--- ,2005.
CITY OF AUBURN
...->
---",'
Peter B. Lewis
Mayor
Public Defender Contract
January I, 2006-December 31, 2007
Page 7 of8
"Exhibit A"
ATTEST:
j)~~~
Darlielle E. Daskam
City Clerk
~
ItJ-.3-2~5
Date
APPROVED AS TO FORM:
./// ( '.} / (
// ! . .! -<'-j, . i
/ l (!~' 'J '
i ..1' ,_ /. ,,\
! ,L.\ J" v \
clamel Heid ',,--
City Attorney
f:fs ;Cs
Illite I
THEW 1. RUSNAK
Public Defender Contract
January 1, 2006-December 31, 2007
Page 8 of8
"Exhibit A"