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1 RESOLUTION NO. 2 6 9 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT FOR PUBLIC DEFENSE SERVICES FOR 1996-1997 BETWEEN THE
4 CITY AND TIMOTHY A JENKINS, ATTORNEY AT LAW
5
6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
8 Section 1. The Mayor and City Clerk of the City of
9 Auburn, Washington are herewith authorized to execute a
Contract for Public Defense Services for 1996-1997 between the
10
City and TIMOTHY A JENKINS, Attorney at Law A copy of said
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Contract is attached hereto, denominated as Exhibit "A" , and
12
made a part hereof as though set forth in full herein
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Section 2 . The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation
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17 DATED this 18th day of December, 1995
18 CITY OF AUBURN
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21 �►ut � R491
22 CHARLES A BOOTH
MAYOR
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Resolution No. 2564
October 12, 1994
Page I
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2 ATTEST
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4 NCB (/ 0 J00411/1.(/
5 Robin Wohlhueter,
City Clerk
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8 APPROVED AS TO FORM
9 I 10
11 Michael J Reynolds,
City Attorney
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Resolution No. 2564
October 12, 1994
Page 2
ORIGINAL
1 PUBLIC DEFENSE SERVICES CONTRACT
2 CITY OF AUBURN, WASHINGTON
3 JANUARY 1, 1996 — DECEMBER 31, 1997
4
Pursuant to the Request For Proposal On Public Defense
5
Services issued by the City of Auburn, hereinafter referred to
6
as "CITY", Timothy A Jenkins, Attorney at Law, hereinafter
7
referred to as "PUBLIC DEFENDER", herein agrees to the
8
following terms and conditions
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I. APPOINTMENT OF DEFENDANTS FOR PUBLIC DEFENSE SERVICES
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A. GENERAL
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The CITY shall make public defense services available to
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all persons who so qualify after application to and approval
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of the Court or an independent public defense screener
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Screening shall be available on a regular basis at or near the
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CITY' S Municipal Court The costs of screening services shall
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be paid by the CITY The CITY shall provide to the PUBLIC
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DEFENDER, at no cost, copies of all discoverable materials
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regarding persons qualifying for public defense services and
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of the Auburn Municipal Code with all additions and amendments
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thereto
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26 Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit "A"
December 11, 1995 (pd-tj96)
Page 1
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B. SCREENING PROCEDURE
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1 The criteria for appointment of the PUBLIC DEFENDER
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to represent indigent defendants shall be as follows (1) The
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defendant is charged with a criminal offense by the CITY under
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the Auburn City Code; (2) The offense is one for which a
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person can be imprisoned, and (3) The defendant qualifies
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financially for public defender services pursuant to Court
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rule and RCW 10 100 010 et seq
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2 Screening information shall be confidential and the
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defendant shall swear or certify under penalty of perjury that
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the information provided to the screener is true and complete
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Upon appointment, the screener shall immediately deliver to
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the PUBLIC DEFENDER the screener ' s documents on each case that
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is assigned The screener shall be responsible for delivering
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a letter of introduction which has been provided by the PUBLIC
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DEFENDER to every defendant who qualifies for and is appointed
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to be represented by the PUBLIC DEFENDER The screener shall
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obtain the defendant ' s mailing address and mail the letter of
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introduction to the defendant, if necessary
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Public Defense-Timothy A. Jenkins
Resolution No 2691 Exhibit "A"
December 11 1995 {pd-tj96)
Page 2
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C. REPORTING PROCEDURES
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1 SCREENER The screener shall file a weekly
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report with the Court which indicates the following (1)
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Number of defendants interviewed; and (2) Number of
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appointments to the PUBLIC DEFENDER
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2 PUBLIC DEFENDER The PUBLIC DEFENDER shall file
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monthly reports with the CITY indicating the following (1)
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Each defendant who has been appointed and a Notice of
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Appearance filed; (2) Criminal charge (s) and cause number (s)
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of defendants represented Further, the report shall
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designate whether the defendant was appointed by the Court or
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by the screener All reports should be due on or before the
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tenth day of the month following the appointment and filing of
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the Notice of Appearance
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II. QUALIFICATION OF PUBLIC DEFENDER
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A The PUBLIC DEFENDER shall be responsible to provide
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effective legal services to the defendants represented The
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PUBLIC DEFENDER shall employ and/or associate a sufficient
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number of attorneys and staff to provide such service The
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CITY shall incur no extra cost for the employed and/or
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associated attorneys The PUBLIC DEFENDER and each attorney
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so employed and/or associated shall be an active member in
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Public Defense-Timothy A Jenkins
Resolution Na 2691 Exhibit "A"
December II, 1995 (pd-ti96)
Page 3
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good standing of the Washington State Bar Association Any
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attorney employed and/or associated by the PUBLIC DEFENDER who
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does not have at least five years of experience shall practice
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under the supervision of an attorney who does have five years
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experience Such experience shall include at least one-third
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emphasis of criminal defense
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B Legal interns involved in the representation of
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defendants in Court must have all of their work reviewed
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and/or countersigned by a supervising attorney A legal
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intern shall appear in Court with their supervising attorney
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until they have obtained sufficient training and knowledge
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No legal intern shall have responsibility for administering
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and representing all of the defendants appointed and
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represented pursuant to the Contract herein
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C Case loads of the PUBLIC DEFENDER and any individual
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attorneys employed and/or associated therewith should be
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limited to that level of assignments which allows an attorney
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to give each defendant' s case sufficient time and effort to
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assure effective representation All attorneys representing
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defendants pursuant to the Contract herein shall comply with
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the following (1) Attend at least fifteen hours of
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continuing legal education each year, of which at least seven
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Public Defense-Tintolhc A. Jenkins
Resolution No. 2691 Exhibit "A"
December 11 1995 (pd-tj96)
Page 4
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hours shall be specifically related to criminal defense or
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trial practice; (2) Have regular and routine review of their
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caseload with a supervising attorney to assure that there is
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objective monitoring and evaluation of each attorney In
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addition, the PUBLIC DEFENDER shall provide each attorney with
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in-house legal education regarding issues specifically related
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to the defense of defendants in criminal proceedings.
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III. SERVICES PROVIDED BY THE PUBLIC DEFENDER
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A. SCOPE OF SERVICE
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1. The PUBLIC DEFENDER shall represent each defendant
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from the date of appointment through sentencing and the first
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appeal of right pursuant to the RALJ rules If no appeal is
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filed within 30 days after sentencing, the PUBLIC DEFENDER'S
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responsibility for that case shall end If further services
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are required, the defendant shall be rescreened The PUBLIC
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DEFENDER or the CITY may request rescreening of a defendant
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whose case is on appeal Appeals shall not be considered new
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case assignments
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1 A. DEFENDANT defined A single individual charged with
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a maximum of four (4) criminal counts on a maximum of two (2)
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criminal citations arising out of the same general course of
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conduct over a short period of time Example: A single
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26 Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit"A"
December 11, 1995 (pd-tj96)
Page 5
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person charged with three (3) different Driving While License
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Suspended charges would be counted as three (3) separate
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clients because the charges necessarily took place at separate
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times. However, a single individual charged with Reckless
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Driving, DUI, Hit and Run (Attended) and Driving While License
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Suspended arising out of one event (on two citations) would be
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counted as one client
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1 B. RECOUNTING The Public Defender can recount a
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previously billed client after a substantial period of time,
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four months, have passed since Public Defender withdrawal,
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from a given case
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2 The PUBLIC DEFENDER may associate or employ
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additional or different attorneys to represent defendants at
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no extra cost to the CITY Upon discovery of any conflict
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with the representation of a specific defendant by the PUBLIC
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DEFENDER, the PUBLIC DEFENDER shall inform the CITY, the Court
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and the defendant in writing of the conflict by issuing a
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Notice of Intent to Withdraw. Upon receiving notice of a
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conflict and agreeing thereto, it will be the CITY 'S financial
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responsibility to pay alternative counsel to represent the
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defendant. However, if the CITY contests the Notice of Intent
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to Withdraw, then the CITY shall immediately file a note for
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Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit"A"
December 11, 1995 {pd-t196)
Page 6
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motion regarding the propriety of the withdrawal and request
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that the Court notify the defendant and the PUBLIC DEFENDER of
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the date, time and nature of the hearing All parties will be
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bound by the Court' s ruling or any appeal therefrom.
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3 Office appointments for the Defendants with the
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PUBLIC DEFENDER should be made available at least during
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regular business hours of 8 00 A.M until 5: 00 P M. Monday
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through Friday Office appointments should be available
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within a reasonable distance from the CITY Courthouse and on a
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public transportation service route Appointments shall be
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available at the Courthouse for defendants who are otherwise
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unable to obtain transportation to the PUBLIC DEFENDER'S
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office Local non-service charge phone service throughout the
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municipality shall be available as well as toll free and
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collect phone service from the CITY jail and the King County
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Jail.
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4 . Twenty-four hour emergency phone service or pager
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service number shall be provided through the CITY Police
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Department for emergency phone contact with the PUBLIC
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DEFENDER as required by statute, case law and applicable court
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rule in municipal, misdemeanor cases
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Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit "A"
December 11, 1995 (pd-tj96)
Page 7
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5. The PUBLIC DEFENDER shall provide to the screener
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for dissemination to every represented defendant a letter in
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plain, simple and concise language outlining the defendant's
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responsibilities with regard to the attorney-client
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relationship
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6. The PUBLIC DEFENDER shall apply to the Court for
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expert witnesses fees, translative, investigative,
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psychological, and social services whenever the same is
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necessary to the defense of an individual defendant's case
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The above-mentioned services will be paid for, either
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partially or wholly, by the CITY in a prompt manner as the
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Court may order. Where allowed by law, the PUBLIC DEFENDER
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may petition the Court to order the CITY to pay for the costs
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of a defendant' s treatment and the CITY will pay for such
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treatment in a prompt manner as may be ordered by the Court.
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7 . The PUBLIC DEFENDER shall institute and maintain a
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procedure to review defendant' s complaints. Complaints which
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are not immediately resolved by the PUBLIC DEFENDER shall be
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referred to the Washington State Bar Association and/or the
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Court.
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Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit "A"
December 11, 1995 {pd-tj96)
Page 8
1
IV. COMPENSATION
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Compensation for public defense services shall be paid at
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a monthly rate of Nine Thousand Four Hundred Sixteen Dollars
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And Sixty-six Cents ($9, 416 66) In the event the number of
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defendants assigned to and represented by the PUBLIC DEFENDER
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exceeds a total of Thirteen Hundred (1300) for the term of
7
this Contract, the PUBLIC DEFENDER shall be paid Eighty-Five
8
Dollars And No Cents ($85 00) per defendant so represented
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above such total number of defendants; or, in the alternative,
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the CITY has the option to request renegotiation of this
11
Section.
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Pursuant to regular CITY policy regarding payment for
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services rendered, the CITY shall make payment to the PUBLIC
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DEFENDER on the first day following the first CITY Council
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meeting following the timely submittal by the PUBLIC DEFENDER
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of a report pursuant to Section I (C) (2) herein for the
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preceding month.
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V. TERM OF CONTRACT
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1 The term of this Contract shall commence on the
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first day of January, 1996 and be in effect through the last
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day of December, 1996; Provided, however, the CITY
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understands that the PUBLIC DEFENDER is only able to provide
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26 Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit"A"
December 11, 1995 (pd-tj96)
Page 9
1
the service at the above-referenced rate due to the economies
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of scale resulting from handling all of the public defense
3
work for the CITY.
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2 . It is the intent of the CITY and the PUBLIC DEFENDER
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to create and ensure, if possible, continuity of future public
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defense services for the CITY Therefore, on or before August
7
15, 1996, the CITY and PUBLIC DEFENDER shall meet to mutually
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explore the extension of the term of this Contract upon
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mutually agreeable terms and conditions; Provided, this
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agreement to discuss extension of the term of this Contract
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does not constitute a binding commitment or option to extend
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the term on the part of either the CITY or the PUBLIC
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DEFENDER
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VI POLICY AGAINST DISCRIMINATION
1S
The PUBLIC DEFENDER shall not discriminate in employment
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practices on the basis of race, creed, color, age, disability,
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religion, sex or sexual orientation The PUBLIC DEFENDER
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should comply with all local, state and federal laws regarding
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discrimination
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VII. PUBLIC DEFENSE STANDARDS
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The PUBLIC DEFENDER shall comply with the Rules of
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Professional Conduct The PUBLIC DEFENDER shall comply with
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Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit"A"
December 11, 1995 {pd-tj96
Page 10
1
the City of Auburn Standards for Public Defense as adopted by
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the City on December 18 , 1989 pursuant to Resolution NO 2014
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VII INSURANCE AND INDEMNIFICATION
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A. The PUBLIC DEFENDER shall secure and maintain a
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policy of comprehensive professional liability insurance with
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an insurance company licensed to do business in the State of
7
Washington. Said policy shall have limits of not less than
8
One Million Dollars ($1, 000 , 000 00) written proof of the
9
insurance policy shall be filed with the CITY
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B. The PUBLIC DEFENDER shall defend, indemnify and hold
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the CITY, its elected officials, officers and employees
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harmless from any and all claims, losses or liability,
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including attorney' s fees, arising out of the PUBLIC
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DEFENDER' S performance of obligations pursuant to this
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Contract, including claims arising by reason of accident,
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injury or death caused to persons or property of any kind
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occurring by the fault or neglect of the PUBLIC DEFENDER, and
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its legal associates or employees, and occurring without the
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fault or neglect of the CITY
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IX. TERMINATION OF CONTRACT
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A. Either the CITY or the PUBLIC DEFENDER may terminate
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this Contract in the event of the following:
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26 Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit "A"
December 11, 1995 (pd-tj96)
Page 11
1 (1) Breach of contract; or
2 (2) Violation of the Rules of Professional
Conduct; or
3 (3) Good and sufficient cause.
B. Such termination is effective only if the party
4
terminating the Contract has provided written notice of the
5
deficiency to the other party and such deficiency is not
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corrected in a timely manner to the reasonable satisfaction of
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the first party
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C Written notice of termination shall be given by the
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party terminating this Contract to the other not less than
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sixty (60) days prior to the effective date of the
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termination.
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C. In the event of termination or upon completion of
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the Contract, the following conditions apply (1) The PUBLIC
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DEFENDER shall be relieved of any further responsibility for
15
receiving new case assignments under this CONTRACT; (2) The
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PUBLIC DEFENDER will continue to represent those defendants
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assigned prior to the date of termination and who have a trial
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date set and shall complete all such cases; Provided that,
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after termination or completion of the Contract and pursuant
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to the Court rules and the Rules of Professional Conduct, the
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PUBLIC DEFENDER may withdraw from any case as permitted by
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Court rule.
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Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit"A"
December 11, 1995 {pd-tj96)
Page 12
1
DATED THIS )9 Say of December, 1995
2
3
CITY OF AUBURN
4
ektee (W
CHARLES A BOOTH
7 MAYOR
8
9
ATTEST
10
11
12 01-g(-/rte l/011-41/6 J
Robin Wohlhueter,
13 City Clerk
14
15
APPROVED AS TO FORM
16 .../kfilju
�
18
17 Michael J Reynolds,
City Attorney
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26
Public Defense-Timothy A. Jenkins
Resolution No. 2691 Exhibit "A"
December 11. 1995 (pd-ti96)
Page 13
1 PUBLIC DEFENDER
2
3 ■
4 TIMOT,'Y A. -ENKIN
5 itt.. ney a . Law
6
7
8 STATE OF WASHINGTON )
) ss
9 COUNTY OF KING
10 On this 12th day of December , 199 5 , before
me, the undersigned, a Notary Public in and for the State of
11 Washington, personally appeared TIMOTHY A JENKINS, to me
known to be the individual described in and who executed the
12 within instrument and acknowledged that he signed the same as
his free and voluntary act and deed for the uses and purposes
13 therein mentioned
14 GIVEN UNDER my hand and official seal the date
hereinabove set forth
15
16 o�ttttt nt••••. As,.
��, PEN B� �'•
•17 4.•`� . 6ti Et;:Cy''i, tic,/
�0 paw %\ �. JERRENE BEACH
18 E _*_ 3 NO ' 'RY PUBLIC in and for the State of
t N: PABUC :2p^ashington, residing at King County.
19 "4,p 9 , rbl��,�
••.�1,`•p,***tagoe MY COMMISSION expires 03/09/99
20 #
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22
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Public Defense-Tlmothh A Jenkins
Resolution No. 2691 Exhibit "A"
December 11 1995 ;pd-ti96}
Page 14
ACORD CERTIFICATE OF LIABILITY INSURANCE iATE(i3%9
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SEABURY & SMITH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
720 Olive Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 1212 COMPANIES AFFORDING COVERAGE
Seattle, WA 98101-3890 COMPANY
A Great American Ins. Companies
INSURED COMPANY
Timothy A Jenkins B
201 South Division COMPANY
Suite A C
Auburn, WA 98001 COMPANY
D
cCtVEaA Es
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/yy) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE E
COMMERCIAL GENERAL LJMILITY PRODUCTS•COMP/OP AGG S
CLAIMS MADE OCCUR PERSONAL&ADV INJURY S
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S
FIRE DAMAGE(Any one fire) $
MED EXP(Any one person) S
AUTOMOBILE LIABILITY COMBINED SINGLE UMIT S
ANY AUTO
ALL OWNED AUTOS BODILY INJURY S
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY S
NON-OWNED AUTOS (Per acciaenq
PROPERTY DAMAGE S
GARAGE UABIUTY AUTO ONLY EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY-
EACH ACCIDENT S
AGGREGATE S
EXCESS UABIUTY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
TORY UMTITS I PET- -
WORI(ERS COMPENSATION AND "
EMPLOYERS'LIABILITY EL EACH ACCIDENT S
THE PROPRIETOR/ INCA_ EL DISEASE POLICY UMIT S
PARTNERS/EXECUTIVE —
OFFICEPS ARE: IXCL EL DISEASE-EA EMPLOYEE S
OTHER
A PROF LIABILITY TPL 9-24-85-46 12/15/95 12/15/96 $1, 000, 000 EACH CLAIM
$1, 000, 000 AGGREGATE
DESCRIPTION OF OPERATI ONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
EVIDENCE OF PROFESSIONAL LIABILITY INSURANCE
4011FOTE-4$OF,[?kEL, :CQ[ICEI.(,Rl'I.ON..
SHOULD ANY OF 714E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY OF AUBURN 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
25 WEST MAIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY
AUBURN, WA 98001 OF ANY KIND UPON THE COMPANI ITS AGENTS OR REPRESENTATIVES
AUTHORIZED R PRESENTATIV
.. .:.................................
c96 9
MILL 2- .24'3 /
CITY OF AUBURN
INTEROFFICE MEMORANDUM
TO Brenda Kennedy, Personnel Director ,
FROM Robin Wohlhueter, City Clerk ■ , -1/
SUBJECT Resolution No. 2691
Contract for Public Defense Services for 1996-97
between the City and Timothy A. Jenkins
DATE. January 2, 1996
The Auburn City Council adopted Resolution No 2691 at the December 18th
City Council meeting. This resolution authorizes the execution of a Contract for
Public Defense Services for 1996-1997 between the City and Timothy A.
Jenkins, Attorney at Law
Attached is a copy of Resolution No 2691 together with a fully executed original
Contract to be forwarded to Mr Jenkins. Please note that Article VII.A of the
Contract requires that the Public Defender shall secure and maintain a
comprehensive professional liability insurance policy in the amount of not less
than $1,000,000 00, and written proof of the policy shall be filed with the City
Please have Mr Jenkins provide an original certificate of insurance for filing with
Resolution No 2691
If you have any questions, please contact me at 3037
cc: Mike Reynolds, City Attorney
File. A312.5
f\clerk\cont\RES2691
CHARLES A B001II,MAYOR L AUBURN CITY ATTORNEY
Judith Michael 1 Rccnnlds Cu p Al lornc� I� 25 West Main, Auburn WA 98001-4998
Judah C Ausman. ASVSIdnI Co Annum
Karen C Gullner, Proscwtor (206) 931-3030
Admit o�
STATE OF WASHINGTON)
ss
COUNTY OF KING
I , Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and Code
City, situate in the County of King, State of Washington, do
hereby certify that the foregoing is a full, true and correct
copy of Resolution No 2691 of the resolutions of the City of
Auburn, entitled "RESOLUTION NO "
I certify that said Resolution No 2691 was duly passed by
the Council and approved by the Mayor of the said City of Auburn,
on the 18th day of December, 1995
Witness my hand and the seal of the City of Auburn this 16th
day of February, 1996
&ML ( gaitita-&c--
Robin Wohl ueter
City Clerk
City of Auburn