HomeMy WebLinkAboutAgreements/Contracts - Public Defense (003)K12-245
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PR 0FE,,5S-7() XAL -SER 4 CTREEAlE. ANY
FOR LEGrAL REPRESENTATION OF INDIGENT INDIN' T IDUALS
IN., GR-AYT CO -LT NTY DISTRICT COURT
)I
This Professional Services Agreement ("YSA") is entered into effective Jami.ary 1,202-3,
'by and between Greet ,Count y-,, a political sti-bdivision of the State of Washington (hereinafter called
the Countand. PauletteBurgess (liereinat"ter called the "Public Defender"),, who, is fully
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admitted to practice law in the State of Washington.
- s a P olitical subdiviision of the State of
1. PARTIES AND TEKNVIS: GraT i
nt Count�,
Wasliington. PauletteStr,gess,., WSB�A #35658 (.hereafter "P-Liblic Defender") is an attorney
licensed, to practice hrm-7 in the State of Washington and., as all independent cont actor, agrees
to cc)�ntract with. the CounN to provide indigent defense services in accordance i -with, the tennis
of this Agreen-ient.
The purli.iose ofthis Professional Services Agreement, is to provide for tine representation of'
indigent def'endants who are entitled to counsel at public e.-x:pense in Grant Co-Lanty District
Court,
The temi of this Agreement shall comnienice on. the Istday of January, 2023 and termln-,ate
on the 3 1 A day of December, 2024 u, nles s otherwise teria-iinated pursuant to the termination
provisions of thisAgreement. No notice is required to termint eti: is Agree lent at the end of
the terin.
1. DEFINITIONS. For the Purposes of this Agreement,. the following definitiolitis shall.
aappl�T,
a. "Public defense system", means any system or program under which Grant. County
provides, has provided., or is obligated. to provide for the criminal defense of any
indigent person charged with a crime. or other rcipplicable matters in Grant CoUnty
Superior,,Ju venile., or District Coi,.irt.
b. "Public defender" inanany attorney who is hired by or contracts with Grant Co -unity.
to represent indigent persons charged with a crime or,other applicable matters in Grant
County Superior, Juvenile., or District oti-rt.
C. "WSBA Standards for Indigent Defense Services" means the standards ad -opted June
11 or amT sub sequent version adopted by the WSBA Board of Govemors. These
standards have, been officially .,adopted and. codified in ch'-:1pter'.Z.310 of the Grant County
Code pursuan-tto. RCW 10.101.030. (Copies available for review at the Office of the
County Co-minissioners; copies also available upon request.)
d. %* Director of Public Defense" means the attorney -kNTho is hiredto, supervise or oversee
the system or progr-ani under which Grant County has provided,
. provides, or is
obligated to provide for the criminal defense of any indigent person charged with a
crime or other applicertble matters in Grant County Supefior, Juvenile.,, or District Court.
0213-2024 FSA- DC.PauletteBur�-Yess
I - Pa2re 1 of 16
e. *'*Policy" and/or "Policies" are defined as a policy or policies as developed by the Grant
County Department of Public Defense. Policies are available 'by contacting the
Directorof Public Defense.
f, CO'Good standing"' (in relation to, a Public Defender's me mbership, staff of the
Washington State Bar Association) is defined as the public def end erbeing current in
his/her bar dues, continuincT legal education credit hotus, and has not had any bar
complaints that were resolved ad-,rersely in any manner against the Public Def"ender.
2. PROFESSIONAL SERV ICES. Public Defender shall. represent ina prof essional manner
all individuals charged in Grant County District Court for whose representation he or she
is appointed. Such, representation shall include, hut is not limit di to., preparation and
at
-raignments, pre-trial. hearn'lgs,,
appearance all. phases, of urt coproi
ceedngs including ai,
miotions, trials, sentencing, post -trial inotions and,. restitution hearings.
The Public Defender's duties also shall. include the preparation and filing of all pleadings
necessaryto perfect an appealbeyond. District Court when appropriate and representing aia
appellant until nevvr counsel is, appointed to process the appeal.
The Public Defender agrees not to accept appointments for indigent def"ense seil7ices in, any
other courts other than representing offenders in, Gnant County District Court. Exceptions
maybe made, on a limited basis and, with prior approval from the Grant County Director
of Public Defense,,
The Public Defender ftirther represents and warrants that., flu-oughout the entire term of this
Agreement, Public Dafen de.�r will have, adeqtiate time in.,Public Defender"s. �
practice and
re itar perso�nal schedule and. will have El-dequate office support staff set -vices, office
eqt
ti.ipment 'to competenthr undertake and effective 1): P -rforl. in al
resources,,,. and o,i;fl,,e e,
V 1
services recitured'i, under this Agreement, If this agreement is less that a Rill caseload. Public
Defe:nder ftirther represents and warrants that PuNic Defnclefs private law practice, if
permitted under this agreement,, and personal schedule Nvill not unduly or unreasonably
interfere with P'ubhc Defender' s ability to timely and eft',71clently perform such services.
Such services 'Include, without limit tion, Public Defender"s, ability to prepare for and
attend regrularly scheduled trials and dockets or Public Defender"s ability to, schedule and
conduct face-to-fike meetings with the indigent persons Public Defn is appointed to
represent under this Agreement f p-tirposes of,discussing, preparing, and pursuing the
most NTiable defense(s) arid/or resolution' available to the alleged criminal charge s) and
keeping such persons reasonably apprised as to the status of their case.
The essential functionsof this position include.., but are not limited to-, the al llit�7 to do all
of the reading and writing necessar�y to file Pleadings with tlite court; to attend court on a,
daily basis as neededl- to meet with, clients both in the 'ail and at the Public Defender" s own
office; to travel as necessary to attend court hearings, inter vi.ew witnesses and otherwise
prepare for court and trial, to: attend court during trial and to complete all other attendant
tasks associated. with conipetent case and, trial management.
2023-2-1.024 PSA -DC. PaulefteBurc-ress
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3. TRAINING AND QUALIFICATIONS OF PUBLIC DEFENDERS. All Public
Defenders to -List be, in compliance ivith the Washington State Court Rules Cr LJ 3.1 stds
concerning the, provision ofIndiarent Defense Ser�dces as, well as the Washin.gqon State Bar
Association Standards f( --).r Indigent Defen-se Se� 71ces as adopted. June 3, 2011 or any
subsequent version adopted by the WSBA Board of Governors, The Public Defender shall
farther comply with -and file the Certificationof Appointed Counsel as required by 'r LJ
3.1 std,s, These standards have been officially adopted and codified in chap -ter 2.30 of the
Grant County Code. (Copies are avalhable for review at the Office of the County
Conmaissioners; copiles, are, also availlable. upon request).
4. COMPENSATION. The Public Defender base rate of compensation shall be One
Hundred Twenty Thousand Dollars ($120,000.00) pavable in twelve (1 2) montlaily
hist allinents of Ten Thousand Dollars, (10,000.00) to handle 400, cases per year during
the contract term. Both coia-ipensation, an number of cases, will, be prorated if and yearl"S
less, than a fti-11 year,, In addition to the yearly compensation, Grant Comaity shradlpray the
Public Defender Two Hundred and No/100 Dollars ($: 011.011) per diem for each day or
portion thereof 'in actual trial.
The Director of Public Defns e shall distribute the ca, ses to the Public Defender at his/her
discretion. Except for ger eine conflicts, of 1-nterest, the Public Def,"ender will be required
to accept all cases assi aned up to the in-axiinum number of cases providedm' thisagreement,
not to exceed. 400 annuallIzed cases,. In the vein this this contract is terminated by either party
prior to the end of its. term,, the County stiall pay the piro-rata. amount based on the total
molliths, P. 1.1blic Defender received cases in the year of thie termination, The worksite i's
Grant County District Court in Moses. Lake and Ephrata, Wazsihington,,,and the office of the
Department of Public Defense. The Public Deiender will, niot be compenisated, f trave.1 to
and froin the works,ite for any reason, The, Public Defender may be coinpensated for
necessary and.. ex-traordinafyout of'county travel. if required for eff��,ctive representation of
a client. Necessary and extraordinary travel must be approvedby the Director of Public
De`ense prior to travel,,,. The Public Defender is respnsi, it for all costs and. fees incurred
in, inaintaining a law office includinu., but not 1.1mited to, rent, phones, copying, faxes,
Secretarial Support, amd all other costs, anid fees in mainitaining a law of"Tice.
The County' s designated representative will meet with the Public Defender starting no later
than October 1, preceding the at of tennination of this ,agreenient to discuss the terms
andco-nditions. for the c'ontract for the succeeding terna.,
5. INVESTIGATORS. Grant County shall Provide Investigators for use by the Public
Defender, at no cost to the Public Defender'. Public Defenders shall use the Investigai,tors
provided by the Count -y., as, reasonable and necessary, unless otheiivise specifically
ati-thorized by the Director of Public Defense. The Public Defender -agrees to be familiar
-v it policies regarding the use of inNesti gators and to use the Grant Count-yT Department of'
Public Defense firnsfor requesting the assignment of an Investigator.
6. EXPERTS. Grant County shall pay reasonable cona-pensation for Expert Witnesses
necessary for the defense ofindigent defendants, including investigation, preparation and.
H0.2-33-.2'0214 PSA -DC. PaulefteBurgess
Page 3 -of 16
trial oi a case., at no cost to the Public Defender. Public Defender shall obtain approval for
Expert Witness fees by an i;ippropriate motion to the Grant !County District Court. Public
Defenders shall. be free to retain. Experts of their choosing subject only to the limitations
set forth. by the Court's order approving the hiring of the Expert. Public Defenders may
redact billing entries (other than an indication of the hours spent and. rate charged) from
Expert inv. oicles for purposes of' submittm'g them for payinent bV the County. The billing
should include a cause number, the name of the defl,endant. and the tax ID nunriber of tile
provider,
7. INTERP-RETER SERVICES. Grant County shall provide reasonableaccess to Certified
Interpreters to,interpret fb�r Public Defenders at the Grant County Jail and other reasonable
times and places when Public Defenders need access to interpreter servdces.
8. CONFLICTS OF INTEREST., The Pub lIc Defender shall inaplemeat and maintain a,
conflicts -check system and. procedure for monitoring potentira-1 conflicts of int er�est in
addition to any systemcand/or procedure uby the assigning entity. This conflict- check
system and procedure must be approved.by the Director of Public Defense.
9.CASE APP10INTMENTS & LIMITATIONS. The parties agree that under the. case
appointment standards set out in this Agreement, the Public Defender will be, appointed to
no more than 400 cases per- Agreement- year, and will be expected to handle a ffill, case load
of 400 c,aises or a, pro-rcila share for contracts less than onle, year un less otherwise provided
in -this Agreement, If, for any reason, thie Public Defender refuses or is, otherwise unable
to handle a fullcase load. the County may, in its discretion, ternilinate this Agreement
pursuant to the termination provisions of this Agreement.
During the terin of this Agreement,, Public Defender agrees to, and shall accept. court
appointinents to represent eligible indigent persons, regardless of their race, color, national
origin, age, inaritalslatus, sexual orientation, handicap, orponTi, , cal, or religio-us, affiliation
on any crime or other applicable niatter in Grant County District Court. The Public
Defender may also accept matters in the J"Livenile and S-uperioLr Court as offered 'by the
Director of PublicDefense, but only if accepting those matters, will not create non.-
con-.11311-ance with applicable court rales and standards of indigent defense caseload limits
as referenced herein. Conapensaltion for accepting matters in the other cotuls shall beby
giving appro-pritate caselload credits under this contract, or by agreed. upon payment
consistent i�7ith the coia.-.ipensation provided by other specif,"Ie Prof-'essional Services
Agreements for work in those courts.
The Public Defender shall not be required to, accept an appointment under this Agreement
if the appointment would create a bona fide, actual legal, ethical or profps slonial conflict of
interest for Public Defender. Public Defender shall pron-iptly screen each case appointment
for potential conflicts of interest- and shall i.urge diately inforin the Director of Public
Defense,, IM wnting, of such actual or potential conflict and the reason theref6re, and request
the appoints ient of a substitute Public Defender. The Director of Public Defense will
determine if an act-Lial conflict exists. If the Public Defender disagrees with the Director's
decision the P-ubfic Defender and Director may jointly submit the matter to the appropriate
21"j-233,20-24 PSA -DC- PauletteBurgess
I Page 4 of 16
depailment of the Washmigton State Bar Association (WSBA) for determination or seek
resolution from any court of competent J* uri s diction. The Direct -or of Public Defense, will
be ultiinately res pon.sible for resolution, of all conflicts not otherwise resolved by the
WSBA or the Court.
10& CASE EQUINT-XLENTS. Forpur�poses of calculating Public Defender"s '"cases" under
m
this Agreeent, the following provisions shall apply:
Grant ,County has ad.optee a mis.em eaanor case coun.ting system beginning Janucary 1, 2015
that is a non -weighting system. Therefore., each case assigned to, the Public Defender will
be. counted as one (1) case.
A single case is deterniined by the case, nu.mber regardless off,, the number of separate
charges filed under the saine cause nLinaber. If a. defendant is requrea, To reappear in court
for any violations of the terms of release or conditions of sentence it shall be included as a
part of the original case for the purpose of case counts.
An appointment to any matter in which Public Defender is initially appointed but
�Nvithe raws prior to the first pre-trial hearing fo-r an reason (inchi-ding, without limitation,
substitution, of retained counsel. or conflict of interest'): shcall, not count as any type of case
equivalent for that Public Defender,,
An cappointment ,to any matter in, which Pii.blie Defender was previously al,)pointed during
the contract year or terra of the Agreement) shall not be ftulher counted. iris any type of
case eclLilvalent if s-Li,ch matter was notfully concluded andsubsequent1v arises again before
the court and Public Defender, continues repres,eiating, the sauiae person in, such matter (e.g,
if Public Defender iN-u,'as appointed to represeint a person oil a criminal charge lvho fails to
appear for tn"al, Public D.efender's continued. representation of such person following
his.,,"her later arrest shall be deeined. asbeing a pr i I or an:Eonpzoing, representationcand shall
X.11 4-e
not countcas any type of further oradditional case equivalent).
In any matter where the defendant to whoin the Public Defender hasbeen appoin.,ted ret ills
his or leer' N;rn attorney or is reassigned ,in attorney not on the District Court Defense Panel
at orbefore the pre-trial hearing, such case slia,11 not be counted as a case appointment for
the origillally assigned Public Defender tinder this Agreement.
In any matter where the defendant to whom the Public Defender has been appointed is
reassigned to anollier Public Defender on. the District- Court Defense Panel, at or before the
pre-trial hearing.. such case shall. be counted only once as a case appointment under this
Agreement and shall be credited. to; the recipof ient the reassignment unless othelivise
zn
c1eternimed. by the Director of Public Defense.
In the event of a conflict of interest that requires the reassignment of a case appointnient
ainong the District Court Defense: Panel, the reassignnient shall count only once as, a case
appointment under this Agreement and shall be credited to the recipient of the reassigimient
unless othelivise determined by the Director of Public Defense.
'02-31-20.2-4 PSA -DC., PauletteBurg.ess Page 5 -of 16
For purposes of th*ls section., the date on which the case is appointed, rather than the final
date of disposition. shall be used to determine the month in wlilch the case a.
ppointment is
to be: counted..
1, REPORTS. The Public Defender shall sifbinit a Nivritten monthly case assignment report
to the Director of Public Defense, detailing by,defendant nanae, case nun-iber, case type and
case equivalenc�T, the cases to Nvhich Public Defender was appointed pursuant to th,11S
.10 -,
Agreement d-Lixing the preceding month. T . he report shall bre submitted by the tenth (10th)
day of each nionth for assigninents made during the preceding n-ionth,
Should Public Defender not submit such report, the ai.blic Defender agrees that the record
as maintained by -the Director of Public Defense or the Director's designee. is -the official
record. The Director of Public Defense or- designee shall provide awritten case,cassignmient
report to the Public Defender upon request, detailing the, delflendant name, case i, imbei.,..,
case type and. cai.se, count f6.r cases to which Public Defender was appointed pursuant to, thIS
agreement. If' there is disagreenient as to caseload numbers, the parties will make
re,aasonable efforts to reconcile the ccaseload given to the Public Defender,. The Director of
Public Defense will make the final decision.
CONTINUING EDUCATIONIREP'ORT: . Each Public Defender is required to attend
traiiiing approved by the Washington State Office of PubificDef"ense at least onceper
calendar year, The Public Def,"ender shall submit can annual reposil documenting his/her
having attended at least seven (7) hours of said training. The report shall be in a form and
due at such tinie as to enable the County to coinply with any reporting as required in RCW
NOON -P UBLIC DEFENSE LEGAL SERV ICES/RE?0;RT: Each Public Defender shall
re rt the Countvhours Nlled for defense 1. .1. seii,,�ices.,pro blono cases, and
,P I C."
private practice cases in the previous. calendar year., including, the ntimber and types of
private cases. 'The report -shall be submitted in forna .and at such time that allows the.
County to conal ly with the requ.irements of RCW 10,101.050. Aiiv
rt fimPuiblic
Defender shall submit an aruxual report to, the Director of Public Defense documenting
his 'her Attorney Time R,eporting Requirements, (in accordance with RCW 10. 10 1..050)
on the extent of his/Iier private caseload.only as deemed neces -by the Director ofthe
Department of Public Def`ense.
The Public Defencler ,also, by his or her signature, represents and warrants to the County
that the Public Defender is a member of the Washington. State Bar Association, in good
1 question regarding the good standingof the. Public Defender the
stand"ng. If there is any
County n require that the Public Defender provide it a. Certificate of Good standing
issued, by the Washington State, Supreme Court. Public Defender is furt.her required- to
notifv the Director of Public Defense of any complaint made to the WSBA and any and all
disciplinary proceedings begun by the WSBA.
1L CLIENT ELIGIBILITY. The, Court, consistent with applicable IaNvs-, rules and
st,cindards, shall be the sole determiner of the eligibility of any particular person for
"102 3-20-14 PSA -DC- PauletteBurgess Page 6 of 16
representation by Public Defender under this Agreement. If Public Defender is appointed
to represent a person and. subsequently discovers that such person may not be eligible to
.receive such. publicly -provided re.presentation tinder the standards established by the Court,
Public Defender shall inmaediatel y notift- the Couil of such possibility for purposes of the
Court mala ng a. re-deteninnation as to, eligibilit). 7 provided that the notification does not
4._
violate any client privilege or create an ethical violation for the Public, Defender . If the
Court then determines that such person is not eligible for publicly -provided representatio'll
and orders the appointment of Public Defender to cease, The Public, Defender shall
with(-h-aw as soon as practicable while protecting the interests of the client in the transition
of retained coti1isel or proceeding pro se, Public Defender shall not thereafter represent
such person in such matter -on a retained -fee basis unless such. person applies for and
receives tile.Cou'l, s pemi'ssion allowing such representation,,
13
, � jj�, . CONTINUED REPRESENTATION, 1. the event that a change of venue is granted to
a. person, for whom Public Defender has. been appointed. to, represent under t1us Agreement,
Public Defender shall continue to represent such person in, the court to which venue is
transferred until the case ala be transferred to anprop
apriate Pubh1c Defender in that coU-11ty
if such transfer is deemed appropriate.
Tile Public Def_�end-er's obligations to, provide representation,, purs-Li.ant to this Agreement,
inchides the obligation to timely and fully complete all. cases or matters encoi,,npassed by
10
this Agreement. In. that regard, Public Defender shall continue to provide representation
for those persons whoin Public Defender was cappointed to represent and wliose case ixas
not concluded dur'n 1 -1 0
I g the. term. of th's Agreement or othei1xise dispose:a o -i such as by
appo,hitinent to successor co -,tinsel, and Public Defender" s obligation to f -ally complete all
cases or,irnatters encompassed by thils A�reeinent following its terinination. shall, notin any
N,�ray entitle Public Defender to receive any additionalcompesatin 'beyond the
compensation amount(s") specified. in, this Agreement.
In t, he event that this Agreement is ternainated, the Public Defender shall be responsible for
continuing to represent clients on any pending cases uir itil the case is conipl. ted. Provided,
that for good ccause: shown, the Director, of Public Defense, in his/her sole discretion, may
-transfer ola.,e or more pending casesto the attorneys in the Grant County Public Defense
system. Those cases Nvi.11 continue to 'be counted as Rill cases or the departing defender
and shall, at the'Director of Public Defense"s,discretion, be counted as, a full. casecredit for
the receiving attorney depending on. t1le stage of the proceeding. If the transfer is done
prior to tile pre-trial hearing,, the case will not -count for the departing Public Defender and
will count as one f1ill case count for the receiving Public Defender.
14. CONS ILTLTATIONS. The Public Defender shall be available for reason, able consultations
with the client. The Director of'Public Defense shall monitor client contacts to ensure that
the Public Defender is maintaining reasonable contact with the client. The. Public Defender
sh,oall 11ave a tel ephones�` T stem that will accept messages fiom clients after normal business
ou
hrs or dun"n -a tinges when the Public Defender is not in theoffice.
4n
2(23- 014 PSA- DC-PaniletteBurcress Page 7 of 16
15. COOPERATION WITH DISTRICT COURT, DEFENSE PANEL, PUBLIC
DEFENDERS AND DIRECTOR OF PUBLIC DEFENSE. The Director of Public
Defense or appropriate designee shall assi.gn case appointmenits. The panel -Public
Defend.ers agree to: cooperate with the Director of Public Defense in assigning case
appointments. The Director of Public Defense shall sen7e as spokesperson for all
participating Public Defenders and as liaison with the courts, the, Prosecutor's Office and
the Board of County Conunissioners.
The Public Defender agrees that, by entering into, this Agreement, the Public Defender
consents to the ffill authority of the Director of Public Defense. In regard to file reviews,
the Public Defender specifically coii-isents to permit the Director of Public Defense to
revie-v�i- any file, sul-Iliect to case assiamnenta s long as tli-e revieNN.7 is confidential and will not
irector o -,�dll 'nvade a p:r* 'lege,
-�v,aive any privilel!,je. If the review by the D' f Public of N I ivi
or
I!, then the Public Defender
create a potential, conflict', violate any e-thilcal requiremen I!,
agrees to pennitanother designated. attomey -to review the. file and to report to; the Director
of Public Defense.
The Public Defender agrees to cabide, by the specific term -,.s, conditions and practice
requirements of Grant Cuunty Public Defense as: -they apply to the P-LibIic Defender"s
piractic e..i.n.elti-ding,'b-Li.t not Ifin.1ted to, caseload hinitations; specific training requirements
(including, but not limited to, attendance at Grant CoUnty Public Def"enso sponsored
C
'I. C I -v meeting's Vit" counsel, "ontilat,iing Legal Education seminars), Per Ai n andatol,
completion, of certain.specific tc-,,tsks, including. but not limited tot, other such tasks and/or
4 )
practice standards or requirements as may become necess,ary for the proper achxiinistration
ofGrant,County Public Defense.
16.. NON -ASSIGNMENT AND TEMPOiRARXSUBSTITUTIONS. Except as otherwise
provided. within, this Agreement-, Public Defender shall not allow or arrange f'or any other
Person to periorin any of the se nwices required"by this Agreement., nor shall Public Defender
be; entitled to assign, subcontract out., or otlieiivise delegate an of Public Defender" s rights,,
f.esponsibilities, or and obligations under this Agfeenient.
Provided, that., however, sup ject to the approval ofthe Director of Public Defense, Public
Defender and any of the other Defense Panel. Public Defenders nlay' niLitually agree to
inake tenap orar,;,, s,-,.,,-ab,stitute appearances for each other on routine criminal docket matter's
and routine court, hearings on, an .s -need 'basis provided that Public Defender is'actually
and. unavoidably unavailable and provided that such substit-Lation is expressly'authorized
on the court record by the Court and the particular person(s) in represent edby Public
Defender who is/tare affected by such terra porary su I bstiftition. of legal co-Luisel. Any
cornpensation or consideration. to be paid or given by Public Defender to, the the Defense
Panel Ptiblic Defenders for such substitution(s) shall be a. mcatter of direct negotiation and
agreement between Public Defender and the other Defense Panel Public Defenders, and
said other Public Defenders shall not be entitled to recei.Nre any additional compensation
from the County for such sub stitiation(s).
2
PSA -DC- PauletteBurggess
Page 8 of 16
Provided ftirther that,, howev r'l in the event that Public Defender needs or desires to take,
(2) consecutive i.�veeks leave of absence from the practice of law
up to a inaxIM11111 01 INVO ,
during the terin of this Agreement and is: unable to obtain the assistance of the other
Defense Panel Public. Defenders during such temporary absence, the. Director of Public
Defense may seek and, obtain the, assistance of another qualified Attorney to inake
temporary, substitute appearances for Public Defender during such absence. on routine.,
crini.ina-4 docket matters and routine court hearings on ail as -needed basis provided. that
Public Defender and such other qualified Attorney jointly prepare, sign and file a written
1�;���ithcerti deation w'tll the Court a, copy to be provided to the County) in all such matters
and hearings that expressly certifies that such other clualified Attorney has, reviewed this
Agreement and fully meets all applicable criteria, qualifications, and ruirements under
this Agreement to render legal defense services to. indigent persons and provilded ftirther
that such temporary substitution is exp:re s sly authorized on the court record. by the Cuurt
and the particular person(s) 'being representedby Public Defender who, is/are affectedby
such temporary suibstit-L.-iti oil of legal. counsel.
Aniy compensation or consideration to 'be paidor given by Public Deferider -to�� such other
non-panel. Attorney for such substit ition(s) sha,11, be aniaifter of direct negotiationi. and
agreement between. Public Defender and such other Attorney, and such other Attorney
sly notenc
* be titled to reeive ,Lni-y comens
pens frm
o. the County fb,r such
substitution(s.). Public Defender acknowledges and agrees that Public Defender shall be
Strictly responsible to ensure that such other Attorney ftidly complies with. @141 terni-isand
conditions of this Agreement during such temporary absence period (includin'g, with ou t
limitation, the requirement to maintalln the ins,tirance coverage specified in thils Agreement')
and that Public Defender shall be strictly liable for any and -c .11 damn ges or losses sustained
as a.result of such other Attorney's non-u onipliance with the ternns and conditions of this
Agreement.
17, OTHER AP' POINT-NIENTS. Except for the CoU appointments: expressly
contela-iplated and. pr Ti ed f6r in this Agreement, the Public Defender shall not enter into
an-
y other contract or aFreement to receive appointments from any other court to perfoirna
criminal defense or criminal prosecution services. On a lirnited 'basis,,, staying in
n
Compliance with cipplicable court rules and. standards, and -withprior approv"al from the
Director of Public Defense, a qvallified Public Defender may accept pin: giant for
indigent defense. se.iiTices representing offenders in:
a. Grant County Juvenne Court- at the rate of One Thousand and No/1,00 Dollars ($1,000)
per case. In the event the case goes to trial, the Public Defender shall also be paid. One
Hundred Twenty -Five and No/100 Dollars (S.150.0,O) perdiem for each day or portion,
thereofin actual tri"ca.l.
b, GrantCouly Su erlor Court for Class B and C felonies (only) at the rate of Nlinety-
Five and ' No)". 100 Dollars (S95.1.00) per hour. In the event the case: goes to trial, the
-L - he standard per he
tm rate will not
Public Defender will continue to bill per ho ir, t
apply,
202-31-210-24 PSA -DC, PauletteBunyess Page of 16
ITDICIAL LEVI. Public Defender shall not serve in anv . ud'c al capacity
18 it j 1
(Inclu ing judg pro tem or court coin milssioner) in or for any court located within the
County on any criminal. Juvenile, or infraction matter. Further, Public Defender shall not
serve in any judicial capacity (including judge pro tem or court conunissioner) in any case
in N.�-,rhiich the iC.,ounty is a party or in any case in, which the state of Washington is a patly
and is represented"by the County's Prosecuting Attorney" s Of .c or an appointed. special
deputy of such offlice.
19'. TERNMINATION,
a, 111voluntan # A, * 'The County may ternainale this Agreement iiamiediate
y Termin.ag - on, IN,
if, In the sole deter infination of the Director of' Public Defense, the Public Defender is
not providing adequate legal servicles or is in material non-compiliance with the terin.s
o
-L iC* f this Agreement. In tlae case of InN,7-ol-Lultary Ternina
ntion, the Director of Publ*
Def ns may direct tliat some or all pendinig cases be assigned to other qiali fied. Public
Die Public Defender shall promiptly, bLiit 'in no event efenders. In, such. circunastances, ti
later tlia.n three (3) days after notice of Involuntary Terilaination., identit"y to the Director
of Public Defense any pending cases in vv-71alch special !circumstances exist, such "as
iinminent trial scli.edule, length:�,T or coirnplex course of litigation, Sp ecial client
circumstances, or other client or as based. interests, that niany profession:.ally require
contimied representation by the Public Defender, In. the event that the Director of
Public Defense ands Public Defender cannot agree on reassignment lor retention of
particular cases, the matter shallbe rei"erred to -the pres1din!,a judge fbrdetei,-na,,,R'1'1ation. of
the issue, of assigrisnent ofcounsel. The Public Defender will. be responsible for the
complet'on of all cases not reassigned.
b. Volunta. Termination. Either ty may, ten-ninate thils Agreement upon One-
H-und,red,caul d Twenty (1 20) da s" adv,anee �vritten notice f or a:ny reason. The parties may
inufti,eallygree in writing to an earlier tern-iin.ti on date. The Public Defendervill be paid.
pro-rala if the effective date of the notice fills on any clate other th'a.11 the las, 't day of the.
month. The ternhii.ating Nblic Defender shall be responsible for completion of all cases
assignedbefore the terinination date and"i, shall not withdraw or treansfer such cases to, other,
Tisa
,axithon"zed or directedbytip e Directorof Public Defense.
Counsel luiless Otherv�Tse
c. Limited Continuat on, of Certah'i Terms: Thie ternis of this Agreemelat for paynient of
additional compensation for sen'ous cases, trials, and. extraordhaa.i)r cases will Continue to
apply to those cases assineeduring the Agm
reeent term but finished ley the tern-iin'tating
9
Public Defender after the. ter inination date, In the event that the, Coitmty icllrs
extraordinary costs related to or required by the Public Defender's depart -Lire, the Public
Defender agrees to be responsible for tliose costs.
20. AtTTOMATIC TERRA MNATI ON. In -the event that the Grant County Superior Court or
any other court of competent Jurisdiction enters an order that precludes Public Defender
from receiving any ftirther Court appomtments here-under, for an -v reason whatsoever, this
Agreement shall autoinatic ally terminate without further notice as of the date such order is
entered by the Court. In the event that tHe Court enters such all order because of unethical
or unprofessional conduct by Public Defender and./or because of Public Defender" breach
202-3-2024 PSA-DC.PauletteBix�,ess
I Page 10 of 16
of this Agreeme nit and the Court .etermines at that time that the circumstances justify or
require a. substitution of appointed counsel for anyr person(s) whom Public Defender was
appointed to represent hereunder., Public Defender shall be ftilly liable to the. County for
anv additional costs or expenses incurred by the County relating to such substitute
appointment(s) In addition to any otherdamages sustained by the County arising outof
Public Defender's conduct and brea.ch.
In the event the Public Defend er's license to practice law in the State of Washington, i. -s
revoked or otheriNvise limited or, restricted, or in the event the Public Defender is disbarred.
or suspended from the practice of faw, or in the event the Public Defender receives a
recomniendationfrom the � ashington State Biar Association for suspension or disbarnrient',
the Public Defender shall autoinatic, ally be terminated without further noti,ce as of the
eff"ectil"ve. date of the revocation, restriction, disbarment or suspension, or the Washington
State Bar Association recommendation.
21.1 INDEMNIFICATION AND HOLD HARN1LESS. Public Defender heretiv agrees to
and. sliall fully indenualAr the County and hold. the Count -T its offiemnd
cers, ployees,,ai
y,
agents ftilly liarniless, for any anda.11 lossest
damages, costs, charges, claims, demands
silits, or actions of Nvhatsoever nature directly or ind-irecuy ansing out of or by reason of
Public Defender's, (or an�,--,, pers-on, agent, contractor-, or entity acting for or on behalf of
Public Defender or at Public Defender, s request or, direction) acts, defy -,Li-lts,, errors and/or
onlission,sof whatsoever naftire in the performance of -legal seri ices to any person,under
the terms of this Agreem.ent. In the event any suit or legal proceedina is bro-Ught against
the County- or any of its officers,employees or agents at any time on account of or by
reason of any such acts, defaults, errors and/or omissions, Public Defetider hereby
covenants and a�:-T-L P
grees to assime the defense thereof and to defend the same at ubluc
Defender's sole cost and expense and. to pay any and alleosts,. cli.,arues, RublielDefenders'
fees, and other expenses as v7 ll as aany and all Jud.gni,,entsor- aNN.-rards thal may be incurred
i
by or entered against the County,or any of its officers, employees or agentis in such stuts
or other legal proceedIngs, The indemnification and hold haanal ess provisions ofthis
pa,raL;raph shall surviNre the termination of this Agreement.
220 INSt,TRANCE. Throughout the entire term of thisAgreement and througho-LA any other
longer time rigid during which Public Defender is obligated to perform se'rvices or duties
hereunder., Ptiblic Defender shall obtain and. continuously nriaintain,at Public Def ender"s
sole cost and exq-)ease, ca. plicy of professional liability insurance in an,amoi,int not less,
than Five Hundred Thousand and No/100 Dollars ($` 50,,000,00) per claim or less
than One Million and No/100 Dollars ($1,000,000.00) in the aggregate durling the
policy term. Said policy shall include coverage as an additional insured for any other.
Public Defender(s) acting for or on belialf of Public Defender- in, the perfornaance of this
Agreement. Said. p,olic-v shall provide prot"essional liability insurance cover ge for any
errors and/oromissions by Public Defender during the course of performing le' al. services
9
under thIs Agreement, cand shall ffirther require that the insurance conapany p;,rovide the
County vvith no less than thirty (30) days. prior written notice in. the. event the policy is
cancelled or materially altered. Said policy shall also conaply with all. applicable state of
Washington insurance requirement's and. shall 'be issued by an insurance con-ipany
-14 PSA -DC- PanuletteBu:myess
10 2 3 - 2 02 Page- 11 of 16
authorized to conduct business 'find. issue insurance in the state of
Washington. Contemporaneously with Public Defender's execution of this Agreement
Public Defender shall provide -theCounty anid its designated Risk Manager W1 ith written
proof and con firm-ation that such insurance policy and cover -age has been obtained within
fifteen G 5) days of'signature bN, the parties to this Agreement and PublicDef ender shall
pro, - ride -theRisk Mcanager with annual written proof and confirmation that sucl-1 insurance
policy and coverage continues to exist throughout the terni, of this Agreement on or before,
said policy" s terna of e:xpir.ti on.
23. RELATWNSHIP OF THE PARTIES. The parties ii,nderst,aiid,,gci,,ckilowled.g,��, and agree
that Public Defender is not an eniployee of the County and that Public Defender, as of the
date of this Agreement and throughout its :entire terni, is and will be actingailid operating
as a fully independent contractor. In that regard, except as othlei-Nivise specified in this
Agreement, the, County shall have no authority or duvy Nvhatsoever to controlbr supei-�-7?ise
theerforniance of Public Defender's. duties and, services here"LlIldwh
er, ich control or
P
41
supervisorTr capacity is f1i
11y vested within the inherent power and discretion of :the Coui,,I,(s)
and/or the Washington State Ba -r Association.
This Contract is for the personal professional services of the Public Defender. The Public
Defender shall not assignor subcontract this AcT cement in whole
or in part.
This Agreei-nent does not create an empl.o!yel,,,� ijil,oyce relationship between t4w parties. It
is tile parties intent that each contract panel -Public Defender will be an i n1dependent
contrea,etor and not aCou.nty enaployee f6,r all purposes, including,, but not linilited. to., the,
application of the Fair LaborStanda,rd's Act mininium wage alad overtime, payments, the
Federal Insurance Contribution Act, the Social Securiry Act, the Federal Un�Iinployment
Tax Act., the provisions of the Int r. RevenueCode, the )ATashington halclu., stn' 0:1 Insurance
Act (Title 5 )1 RCW), Washincyton 11,7age and hour laws and the Washington Einploymenit
SecurityAct (*Title 50 RCWP
). The ublic Defender i,s retained solely to represO rpt indigent
persons andl, is not acting in any administrative calaacity on behalf of' the �ounity . The
contractpanel Public Defender will retain sole and absolute discretion in thel jt1. gment,
manner and means of providing his or her legal representation under this Agreeme nt
su*Ject to, the rights of the Director of Public Defense to supervise and discipline eac n
panell-Public Defncler. The parties agree t . nis Agreeirrient shall not be constiue(J, as creating
any j oi.nt emplownent relationship between the Public Defender and./or any of the, Public
Defender's officers, employees, agents or subcontraictors and. -the County, a',nd that the
Countv'"Till not be liable for any obligation inc-Lirred by the Public Defender InLdu.ding, but
not lil"nited to, unpaid minimum wages and/or overtime premiums. The parties further
agree that the County is not responsible f6r providing any financial or other; support for
equipment,,,, training,, adinhaistrative costs or research too -Is for the Public Def'Onder unless
specifically agreed to by the Director of Public Defense.
24..NON-DISCRIMINNATION. The Public Defender agrees that he or she and -cmy of the
Public Dei_'ender s officers, employees, and agents will comply with Titles V1 and V11 of
the 1964 Civil Rights Act as amended in 1972.; Executive 0rder 1 t.71.46 as �imended by
ExecutB,re Order 11375; Sections 503 and 504 of the Rehab�ilitation Act of'1915. the Age
Discriminatioin inEniploymerit Act of' 1967.-, the Vietnam Era Veteran Readjustment
2C12f_3-.202)4 PSA -DC- PaulefteBurgess, Page 1-2 of 16
Assistance Act; the Washington State LaNvs Against Discrimination,, Chapter 40.06 RCW-
and. any other applicable law or regulation prohibiting discrimination.,
.25. PROFESSIONAL COND,tTCT. The Public Defender shall execute this Agreement
independent of any governniental control, except as provided. in this Agreement. The
Public Defender shall represent cli.ents.., preserve, client confidences, and. disc hfir* ge his/her
duties liereunder in accordance with the Rules of Professional Conduct pertaining to Public
Defenders licensed to preactice law in. the State of Washington and any applicable Court
.rules. The Public Defender shall also be familiar with and generally practice a6cording to
the Washington State Bar Association Performance CT-aidelines for Crimina.1 Def,"ense
R
0 11 or any subsequent guidelines. epresentation approved on June 31A..
Nothing in this Agreenient shall. be construed to inipair or inhibit the 0"'..Xercise of
independent professional 'udornient b�,�, the P-Liblic Defender with respect to�� an� client
J�
i,ivhereln al Public Defender -client privilege has been established pursuail'tto, the terns of
this-, Aicueeras ent.
Nothing in this Agreen'lent any Public Defenderto pbrforni any
acts in any inanner proscribed. by,, or neglect to perfbrin, any dutie.s req,.uired by' the Rules
of Professional Conduct pronaulgated by the, Siiipreme Court of the State of A Tashington
and adopted in RCW as now or hereafter ai.,nended, or req -aired or proscribed. by
applicable case IaN�v, court rudes, reg-Lidationsor statute. This Agreement shall neit.her require
nor authorize any Public Defender -to engage in any conduct deemed improper or unietnical
in opinions of the Washington State Bar Association.
i- su
The Pu�bllc Defender and/o, pport staff em loyed by the Public Defender shall not solicit
P
Or accept co.n-pens ation from any client appointed. un.der this Agreen-.ient.
26. RECORDS AND CLIENT FILES. Records of all matters covered by this A�greeinent
with the exception of client files Nvhich are not subject to. the Public Records !Act), shall
be inaintalned by the Public Defender in caccord-ante with requirements set
i
forth In the Washinutola State Archives' _Local Reeot'd� Retet-Won So'
he c (1e, at,
W1V.s0s.Wa. Any question as to what does, :or does inot constitute a public record
shoUld. be directed. -to the C"ounty's Public Records Officer in the Board of Co inty
Conunissioners, office at (509) 754-2011 x 638.
The Public Defender shall be responsible for maintaining a client s -files. In general client
files of e not considered to be public records. The: Public Defender shall reialln and/or
release client files in accordance with appropriate ethical and legal requirenieits. The
Public Defender shall reti,i,rn client files to the Directc),r of Public Defense, at n.6 expense to
the C"ounty, NN.7hen the ctlenfs file needs to be, transferred, to another Public Defender who
is a, member of the Defense Panel Public Defenders,
27. Sj, TPPLEMENTAL GENERAL CONDITIONS,
2-00.3-20-24 PSA-DC_Pau.1etteBurge,,-ss I Page 13 of 16
a. Integrated. Document: This Agreement embodies the entireN-, of the agreement
between the County and the Public Defender, and its applicable terms and conditions
and supersedes anyand all other agreements., contracts and. understandings., written or
oral ("inchi-ding without limitation.. any pre_%Tious, agreement executed by the
parties). No verbal agreenrients, conversations, understandings, or writings �Nvith any -
officer, official., agent, or einployee of the County prior to the execution ofthis
Agreement shall affect or modifvany of the terms, con, ditions, or obligatioh's, contained
in any documents comprising this Agreement, Any such verbal agreements,,,
conversations, understandings, or N�vritings shall be considered as tinoffiicial and in no
way binding upon the County.
a,.Whent Rights and Remi dies Are Not Waived-* In no event shallany payment -by the
County or eacceptance of payment by the Public Defender constit-ate or be consti-Lied to
be a Nkraiver by such party of anylire .ch of contract, covenant, or default which ni,ay
then exist on the part of thi, e other. The making or acceptance of ainy such payiaienif while
an suchbreach or default shall exist shall in no way impair or prejudice an,
Y, ricyht or
remedy cavailable with. respect to such breach or default.
b., Severability, Of Provisions: If any term, covenant, condition, or provision of this
Jeetofjtarisdir
2r :ane is held by a court 'competent ctin a,bitiator, or other revieNNvin.ofby With farisdictioN.n to be ,�olidi, invalid ,or unenforceable, the remainder the
remain in fiAl force anff
d e�ct, if sucl`�`i
A�,Yreeinent shall not'ble affected thereby and
reiI I requirementsof applicable
nca,inder would'. then continuto c
e onfo rin to the terl s and
law., and. shall continue in fti.11 force and effect and shall in no way .fie af,"fected., nalp aired
or invalidated thereby.
c� Dispiaes — Arbitration,- Disp-Lits or cla.ims arising under this Agreement between the
Count,
y and thte Ptiblic Def -ender shall initially be resolved, by consultationbetween the
PiNic Defender and, the Grant Cotinty Board. of Commissioners candare to be resolved
m reference. to and in accordiance with the Laws of the State of Washington. If
resotution of such. d`,ispiate or claim is not obtained ivithin fifteen (1 5) days of such
cons,tAtation, the proposal then shall be submitted, to, fincal, biliding arbitration, in,
accordi.ance with the r-alasof Arbitration of the American, Arbi tration. Association. All
Arbitration decisions are final and. bind"ing on all parties. The parties may mutually
agree to different rudeks for the resolution of the arbitration, as long as the agreement is
in i.Nu'riting and signect oy an authofized party representative.
e. Modifications,*, Nothing contained in this Agreement shallbe deemed to preclude any -
party from seeking modification of any term contained peri sly. should an, unforeseen
and inaterial change 'in circumstances arise. Any agreement, contract, understanding,,
or modific.ation made bemeen the parties subsequent to this Agreement, including any
for mal addenda or other modification to the terms, and, conditions of this Agreement
must be executed with identical formalitv as this, Agreement', otherwise the same shall
not be enforceable,,
1
202-3-20."24 PSA -DC. Paull fteBw2ess.
Page 14 of 16
f.. Assignability.- The Public Defender may not assign his/her rights or obligations under
thisAgreement to a third party.
g. NVO Waiver,: No fallure of the C"bunt or the Public. Defender to inisi.st on, the strictest
perfo rmance of any terni of this Agreement shall constitute a waiver of any such teri-n
.or an abandonment ofthis Agreement.
h. GoveminaNiv,: This Agreement shall be govemed by the laws of the at of'
Washington. Sliould this Agreement be suject to scrutiny by a our of law, arbitrator
or other reviewing body with j s diction, "it shall be interpreted as ifdrafted by the
County.
dayof Deceinber,2,022.
SIGNED this
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY',,'WASHINGTON
Danny Stolh, Chair
Ro Jo, U Chair
er
cill� V r, e
Y
2023-2024 PSA -DC_ PaulefteBurgess
Page 15 of 16
0 ?
SIGNID this 3D day of -D�
P'tTBLIC DEFENDER
Paulettefhugessv,
Address: PO Box ��-'.3 J3
M."ojsa
Phone: (509' 9 5 1- 14 -5 PO Mli Y, e- ) \AIA
E -mall: edito.rnwb@,yahoo.com
Tax, ID #: 539-90-1725
State of Washington
ss.
County of GnCiiit
s
I hereby cert if�,- thttit I kpow or have satisfactoevidence ry evnce thaxt Paulette Burgess,.,fined ntlii
in, stn.un, ent aind acknowledged it to, be a free sand voluntary act for the uses, and. pull-)oises mentioned
i.-nthe iiastrument,,
DATED:
T A N Y
It MO ft
Notary Publi(fibr
MOTApp
•resid.inR in Grant Cou
"OBLIC ilw. nt�".'
MY Commission expires: ))7
aw
2C 21 -
,12 3-2024 PSA -DC. PauletteBurgess Page 1. 6 off 16