HomeMy WebLinkAboutAgreements/Contracts - Public DefenseK2 2- 2 4 9
OFE SSIOM4 L SERVICES A GREEMENT
FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS
IN GRANT. COUNTY DISTRICT COURT
This Professional Services Agreement ("PSA") is entered into effective January 1, 2023,
by and between Grant County, a political subdivision of the State of Washington (hereinafter called.
the "County"), and Patrick Earl (hereinafter called the "Public Defender"), who is fully admitted
to practice law in the State of Washington.
1. PARTIES TERMS: Grant County is a political subdivision of the State of
Washington. Patrick Earl, WSBA #22408 (hereafter "Public; Defender") is an attorney
licensed to practice law in: the State of Washington and, as an independent contractor, agrees
to contract with the County to provide indigent defense services in accordance with the terms
of this .A.greement.
The purpose of this Professional Services Agreement. is to provide for the representation of
indigent defendants who are entitled to counsel at public expense in Grant County District
Court.
The terns of this Agreement shall commence on the Ist day ofJanuary, 2023 and termma.te
on the 31st day of December, 2024 unless otherwise terminated pursuant to the termination
provisions of this Agreement. No. notice is required to terminate this Agreement at the end of
the term.
1. DEFINITIONS. For the purposes of this Agreement, the following definitions shall
apply.
a. 4"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 applicable matters in Grant County
Superior, Juvenile, or District Court.
b. "Public defender" means any attorney who is hired by or contracts with. Grant County
to represent indigent persons charged with a crime or other applicable. matters in Grant
County Superior, Juvenile, or District court.
C. "WSBA. Standards for Indigent Defense Servicesi" means the standards adapted June
3, 2011 or any subsequent version adopted by the WBA. Board of Governors. These
standards have been officially adapted and codified in chapter 2. 0 of the Grant County
Code pursuant to RCW 10.101.030. (Copies available for review at the office of the
County Commissioners; copies also available upon request.
d. "Director of Public Defense" means the attorney who is hued to supervise or oversee
the system or program 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 applicable matters in Grant County Superior, Juvenile, or District Court.
2023-2024 PSA -DC,, PatrickEarl Page 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.
Director of Public Defense.
f. `Good standing" (in relation to a Public Defender's membership status of the
Washington State Bar Association) is defined as the public defender being current in
his/her bar dues, continuing legal education credit hours, and has not had any bar
complaints that were resolved adversely in any manner against the Public Defender.
PROFESSIONAL SERVICES. Public Defender shall represent in a professional manner
all individuals charged in Grant County District Court for whose representation he or she
is appointed. Such representation shall include, but is not limited to, preparation and
appearance at all phases of court proceedings including, arraignments'pre-trial ` hearings,
motions, trials, sentencing, post -trial motions and restitution hearings.
The Public Defender's duties also shall include the preparation and tiling of all pleadings
necessary to perfect an appeal beyond District Court when appropriate and representing an
appellant until new counsel is appointed to process the appeal.
The Public Defender agrees not to accept appointments for indigent defense services in any
other courts other than: representing offenders in. Grant County District Court. Exceptions
may be made, on a limited basis and with prior approval from the Grant County Director
of Public Defense.
The Public Defender further represents and warrants that, throughout the entire teen of this
Agreement, Public Defender will have adequate time in Public Defender's practice and
regular personal schedule and will have adequate office support staff services, office
resources, and office equipment to co'tnpetently undertake and effectively perform all
services required under this Agreement. If this agreement is Tess that a dull caseload Public
Defender further represents and warrants that public Defender's private law practice, if
permitted under this agreement, and personal schedule will not unduly 'or unreasonably
interfere with Public Defender's ability to timely and efficiently perforin such services.
Such services include, without limitation, Public Defender's ability to preare for and
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attend regularly, scheduled trials and dockets or Public Defender's ability to schedule and
conduct face-to-face meetings with the ind ent persona Public Defender is appointed to
represent under this Agreement for purposes of discussing, preparing, and pursuing the
most viable defense(s) and/or resolution available to the alleged criminal charge(s) and
keeping such persons reasonably apprised as to the status of their ease.
The essential functions of this position, include, but are not limited to: the.bility to do all
of the reading and writing necessary to file pleadings with the ' cou.rt; to attend court on a
daily basis as needed; to, meet with clients both in the 1 ail and at the Public Defender's own
office; to travel as necessary to attend court he interview witnesses and otherwise
prepare for court and trial; to attend court during trial and tocomplete all other attendant
tasks associated with competent ease and trial management.
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3. TRAINING .AND QUALIFICATIONS OF PUBLIC DEFENDERS. All Public
Defenders must be in compliance with the Washington. State Court Rules CrRLJ 3.1 stds
concerning the provision: of Indigent Defense services as well as the Washington State far
Association Standards for Indigent Defense Services as adopted June 3, 2011 or any
subsequent version adopted by the WSBA Board of Governors. The Public Defender shall
further comply with and file the Certif cation of .Appointed Counsel as required by Cr:I LJ
3.1 stds. 'These standards have been officially adopted and codified in. chapter 2.30 of the.
Grant County Code. (copies are available for review at* the Office of the County
Commissioners; copies are also available upon request).
4. COMPENSATION. The Public Defender base' rate of compensation shall be One
Hundred and Five Thousand Dollars ($105,000) payable in twelve (12) -monthly
installments of Eiizht Thousand., Seven Hundred FiftyDollars ($8,x'50.00) to handle 350
eases per year during the contract term. Both compensation and number of eases will be
prorated if any year is less than a full year. In a. ditiom to' the yearly eompe' nsation, Grant
County shall pay the Public Defender Two Hundred. and 0/100 Dollars ($200.00) per
diem for each day or portion thereof in actual trials
The Director of Public Defense shall distribute the cases to the Public Defender at his/her
discretion. Except for genuine conflicts of interest, the Public Defender will be required.
to accept all eases assigned up to the maximum number of cases provided in this agreement,
not to exceed 400 annualized. cases. In the evert, this contract. is terminated by either party
prior to the end of its tarn, the County shall ply: the p�o�rata a�oulnt based on the ` total
months Public Defender received . cases in the year of the termination.. The worksite is
Grant County District Court 'in Moses Lake and Ephrata, Washington, and the office .of the
Department of Public Defense. The Public Defender will not be compensated for travel to
and from the worksite for any reason. The Public Defender maybe compensated for
necessary and extraordinary out of county travel if required for effective representation of
a client. Necessary and extraordinary travel must be approved by the Director of Public
Defense prior to travel. The Public Defender is respoiisible for all costs and fees inc, ufred .
in maintaining a law office including, but not limited tog rentg phone's copying; faxes,
secretarial support, and all other costs and fees in maintaining a, lav office.
The County's designated representative will ane.et with the Public Defender starting no later
than October- 1., preceding the date of termination of this, agreement: to discuss the terms
and conditions for the contract for the succeeding term:
. INVESTIGATORS. Grant County shall provide investigators for. use by the Public
Defender, at no cost to the Public Defender; Public Defenders shall. use the Investigators
provided by the County, as reasonable and necessary, unless otherwise specifically
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authorized by the Director of Public Defense. The Public Defender, agrees to be familiar
with policies regarding the use of investigators and to use the Grant County Department of
Public Defense forms for requesting the assignment of an Investigator.
6. EXPERTS. Grant County shall pay reasonable compensation for Expert Witnesses
necessary for the defense of indigent d.efendan.ts, including investigation,preparation anal
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trial of a case, at no cost to the Public Defender. Public Defender shall obtain approval for
Expert witness fees by an appropriate 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 invoices for purposes of submitting thein for payment by the County. The billing
should include a cause number, the name of the defendant and the tax ID number of the
provider.
7, INTERPRETER SERVICES. Grant County shall provide reasonable access to Certified
Interpreters to interpret for Public Defenders at the Gwent County Jail and. other reason- le
times and places when Public Defenders . need access to interpreter services.
CONFLICTS of INTEREST. The Public Defender shall implement and maintain a
conflicts -cheep system and procedure for monitoring potential conflicts of interest in
addition to any system and/or procedure used by the assigning entity. This conflict -check
system and procedure must be approved by the Director- of PublicDefense.
9. CASE APPOINTMENTS & 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 350 cases per Agreement year and will be expected to handle a full caseload
of 350 cases or a pro -rata share for contracts less than one year unless otherwisep rovied.
in this Agreement. If, for any reason, the Public Defender refuses or is otherwise unable
to handle a full case load the County xray, in its discretion, terminate this .Agreement
pursuant to the termination provisions of this Agreement.
During the term of this Agreement, Public Defender* agrees to and shall accept- court
appointments to represent eligible indigent persons regardless of their race, color,nationalorigin, age, marital status, sexual orientation, handicap', of political or re'eligious aff kation
on any crime or other applicable matter in Grant County District Court. The public
Defender may also accept matters in. the Juvenile and Superior Court as offered by the
Director of Public Defense, but only.if accepting those matters will not create non-
compliance with applicable court rules and standards of indigent defense caseload limits
as referenced herein. Compensation for accepting matters in these other courts shall be by
giving appropriate caseload credits under this contract, or by agreed hon payment
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consistent with the compensation provided: by other specific Professional 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 orp rofessional conflict of
interest for Public Defender. Public Defender shall promptly screen each case appointment
for potential conflicts of interest and shall immediately inform the Director of public
Defense, in writing, of such actual or potential conflict and the -reason therefore, and request
the appointment of a substitute Public Defender. The Director of Public Defense will
determine if an actual conflict exists. If the Public Defender disagrees with the Director's
decision. the Public Defender and Director may jointly submit the matter to the appropriate
ro� riate
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department of the Washington State Bar Association (WSBA) for determination or seek
resolution from any court of competent Jurisdiction. The Director of Public Defense will
be ultimately responsible for resolution of all conflicts not otherwise resolved by the
wSBA or the Court.
10. CASE EQUIVALENTS. For purposes of calculating Public Defender's "cases" under
this Agreement, the following provisions shall apply:
Grant County has adopted a misdemeanor case counting system beginning January 1.201 5
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 determined by the ease number regardless of the number of separate
charges filed under the sane cause number. If a defendant is required 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
withdraws prior to the first pre-trial hearing for any reason (including, without limitation,
substitution of retained counsel or conflict of interest) shall not count as any type of case
equivalent for that Public Defender
An appointment to any matter in which Public Defender was previously appointed during
the contract year (or term of the Agreement) shall not be further counted as any type of
case equivalent if such platter was not fully concluded and. subsequently arises again before
the court and Public Defender continues representing the same person in such . :atter (e.g.,
if Public Defender was appointed to represent a person on a criminal charge .who fails to
appear for trial, Public Defender's continued representation of such person fdllow*n.
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his/her later arrest shall be deemed as beim a prior and ongoing representation and shall
not count as any type of further or additional case ' equivalent)
In any matter where the defendant to whom the Public Defender hasbeet appointed retains
his or her own attorney or is reassigned an attorney. -not on the District Court Defense Panel
at or before the pre-trial hearing,- such ease shall not be counted as a case appointment for
the originally assigned Public Defender under this Agreement:
In any matter where the defendant to' whom the Public Defender has been appointed: is
reassigned to another 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 recipient of the reassignment unless Otherwise
determined by the Director of Public Defense.
In. the event of a conflict of interest that requires the reassigntnent of a case appointment
among the District Court Defense Panel, the reassignment shall count only once as a case
appointment under this Agreement and shall be credited to the recipient of the reassignment
unless otherwise determined by the Director of Public Defense.
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For purposes of this section, the date on which the case is appointed, rather than the final
date of disposition, shall be used. to determine the month in which the case appointment is
to be counted.
11. REPORTS. The Public Defender shall submit a written monthly case assignment report
to the Director of Public Defense, detailing by defendant name, case number' case t . ype and.
case eqVivalency, the cases to Which Public. Defender was appointed pursuant to this
Agreement during the preceding month. The report shall be. submitted by the tenth (I Oth)
day of each month for assignments made during the preceding month.
Should Public Defender not submit such report, the Public 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 assignment
report to the Public Defender upon request, detailing the defendant name, case -number,
case type and case count for cases to which Public Defender was appointed pursuant t . o this
agreement. If there is disagreement as to caseload numbers, the parties will make
reasonable efforts to reconcile the caseload given to. the Public Defender. The Director of
Public Defense will make the final decision.
CONTINUING EDUCATION/REPORT: Each Public Defender is required. to attend
training approved by the Washington State Office of Public.. Defense at least once per
calendar year. The Public Defender shall submitan annu. report M do cum enting his/her
having attended at least seven (7) hours of said training. The report shalf be in a farm and
due at such time as to enable the County to. comply with any reporting as required. in RCW
10.101.050.
NON-PUBLIC DEFENSE LEGAL SERVICES/REPORT: Each Public Defender shall
reportto the County hours billed for non-public defense legal services, pro bono cases, and
private practice cases in the previous calendar year, . including the number and types, of
private cases. The report shalt be subm'I
.be in a form and at such time that a1loW s the
County to comply with the requirements of RCW 10.101 050. .Any part time Public
Defender shall submit an annual report to the Director of Public Defense documenting
his/her Attorney Time Reporting Requirements (in accordance with RC W 10.101.050)
on the extent of his/her private caseload only as deemed necessary by the Director of the
Department of Public Defense.
The Public Defender also, by his or bier signature, represents and warrants to the County
that the Public Defender is'a member of the Washington State . Bar. Association, in good
standing. If there is any question regarding the good standing of the Public Defender the
County can require that the Public Defender provide it a Certificate of Good standing
issued by the Washington State Supreme. Court. Public Defender is further required to
notify the Director of Public Defense of any complaint made to the WSBA and any and all
disciplinary proceedings begun by the WSBA.
11, CLIENT ELIGIBILITY. The :Court :Withconsistent applicable laws, rules and
standards, shall be the sole determiner 1. of -the,y particu person eligibilit of any' lar for
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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 representation under the standards established by the Court,
Public Defender shall immediately notify the Court of such possibility for purposes of the
Court making a re -determination as to eligibility, provided that the notification does not
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 representation
and orders the appointment of Public Defender to - cease, The Public Defender shall
withdraw as soon as practicable while protecting the interests of the client in the transition
of retained counsel 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 anal
receives the Courts permission allowing such representation.
13, CONTINUED REPRESENTATION. In the event that a, , chan e of venue is granted to
a person for whom Public Defender has been appointed to represent under this Agreement,
Public Defender shall continue to represent such person. in the court. to which venue is
transferred until the case can be' transferred to an appropriate Public Defender in that county
if such transfer is deemed. appropriate.
The Public Defender's obligations to provide representation, pu-rsuant to this .Agreement,
includes the obligation to timely and fully complete all cases,. or matters encompassed b
this Agreement. In that regard., Public Defender shall continue to provide representation
for those persons whom Public Defender was appointed to represent and whose case was
not concluded during the term of this Agreement or, otherwise disposed of such as 'by
appointment to successor counsel, and Public Defender's obligation to fully complete all
cases or matters encompassed by this Agreement following its termination shall not in an
way entitle Public Defender to receive I any additional' compensation beyond the
compensation amount(s) specified in this Agreement.
Tn the event that this Agreement is terminated, the Public Defender shall be resonsible for
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continuing to represent clients on any, pending cases until the case is completed. Provided.,
that for good cause shown, the Director of Public Defense, in his/her sole discretion, may
transfer one or more pending cases to other attorneys in the Grant County Public Defense
system. These cases will continue to be counted as full cases for the departing defender
and shall, at the Director of Public Defmse's discretion, be counted ass a full case credit for
the receiving attorney depending on the stage of the preceeding. If -the transfer is done
prior to the pre-trial hearing, the case will not count for the..depa,rtinPublic Def ender and
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will count as one full ease count for the receiving Public Defender.
14, CONSULTATIONS. The Public ]defender shall be available for reasonable 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
shall have a telephone system that will accept messages from clients after normal business
hours or during times when the Public Defender is not 'in the office
15.. COOPERATION WITH DISTRICT COURT DEFENSE PANEL, PUBLIC
DEFENDERS AND DIRECTOR OF PUBLIC DEFENSE. The Director of Public
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Defense or appropriate designee shall assign case appointments. TheP anel-Public
Defenders agree to cooperate with the Director of Public Defense in assigning case
appointments. The Director of Public Defense. shall serve as spokesperson for all
participating Public Defenders and. as liaison with the courts, the Prosecutor's Office and.
the Board of County Commissioners,
The Public Defender agrees that, by entering into this .Agreement, the Public Defender
consents to the full I authority of the Director of Public Defense. In regard to file reviews,
the Public Defender specifically consents to permit the Director of Public Defense to
review any file subject to case assignment as long as the reviews is confidential and will not
waive any privilege. If the review bythe Dir' ector ofPu.blic Defense will invade arivile e
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create a potential conflict, or violate any ethical requirement, then the Public Defender
agrees to permit another designated attorney to review the file and to report to the Director
of Public Defense.
The Public Defender agrees to abide by the specific terms, conditions analpractice
requirements of grant Counter Public ` Defense as they apply to the Public. Defender's
practice including, but not limited to, caseload, limitations- specific training requirements
(including, but not limited to, attendance at Grant County Public Defense sponsored
Continuing Legal Education seminars), periodic mandatory meetings of counsel -
completion of certain specific -tasks including, but not, limited to, other such .tasks and/or
practice standards or requirements as may become necessary for the proper administration
of Grant County Public Defense.
16. NON -ASSIGNMENT ENT AND T,EMPORAR U TITUTIo . ' :except as otherwise
provided within this Agreement, Public Defender shall not allow or arrange for an ether
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person to perform any of the services required by this Agreement, nor shall Public De- fender
be entitled to assign, subcontract out, or otherwise delegate any ofPubll*c Defender's rights,
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responsibilities, or and obligations under this Agreement.
Provided that, however, subject to the approval of the Director of Public Defense, public
Defender. and any of the other, Defense Panel Public Defendersay mutually agree ree to
make temporary,, substitute appearances for each other on routine criminal docket natters
and routine court hearings on an as-necded basis provided that Public Defender is actually
and unavoidably unavailable and provided that such substitution is expressly authorized
on the court record by the Court and the. particular person(s) being: represented by Public
Defender who is/are affected . bar such temporary substitution of legal counsel. An
compensation or consideration to be paid or given by Public Defender to the other Defense
Panel Public Defenders for such substitution(s) shall be a matter of direct negotiation and
agreement between ]Public Defender and the other Defense Panel ]Public Defenders, and
said other Public Defenders shah not be entitled to receive any additional compensation
from the County for such substitution(s).
Provided further that, however, in the event that Public Defender needs or desires to take
up to a maximum of two (Z) consecutive weeks leave of absence fron'l the practice of law
during the leam of this Agreement and is unable to obtain the assistance of the other
2023-2024 PSA DC, PatrickEar1 Page 8 of 16
Defense Panel Public Defenders during such temporary absence, the Director of Public
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Defense may seep and obtain the assistance of another qualified Attorney to make
temporary, substitute appearances for Public Defender during such absence on routine
criminal docket matters and routine court hearings on an as -needed basis provided that
Public Defender and. such other qualified .Attorney jointly prepare, sign and file a written
certification with the Gout (with a copy to be provided to the County) in all such nutters
and hearings that expressly certifies that such other qualified Attorney has reviewed this
Agreement and fully meets all applicable criteria, qualifications, and requirements under
this Agreement to render legal defense services to indigent persons Iand. provided further
that such temporary substitution is expressly authorized on the court record by the Court
and the particular person(s) being represented by Public Defender who is/are affectedby
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such temporary substitution of legal counsel..
Any compensation or consideration to be paid or given. by Public Defender to such ether
non -panel Attorney f6r such substitution(s) shall. be a ' rnatter bf direct ' negotiation and
agreement between public Defender and such other attorney, and,such other Attorney
shall not be entitled to receive any compensation frorn the County for such
substitution(s). Public Defender, acknowledges and. agrees tient P ublie Defender shall be
strictly responsible to ensure that such .other Ittorney full' complies lies with all terms and
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conditions of this Agreement during such temporary absence period. (including, without
limitation, the requirement to maintain the insurance covera es e�" ed in this Areernent
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and that Public Defender shall be strictly liable for any, aid all d.aroages or losses sustained
as a result of such other Attorney 1s non-compliance with the terms and conditions of this
Agreement.
17, OTHER APPOINTMENTS, :except for the Court appointments ex ressl
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contemplated and provided for in this Agreen7ent, the Public Defender shall not eater into
any other contract or agree rr ent to receive appointments from any', other court to perform
criminal defense or criminal prosecution services, n a iiin�ted basis, staying in
compliance with applicable court rules and standards, and with riot approval royal from the
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Director of Public Defense, a ,qua, lificd Public Defender may p pp accept appointments for
indigent defense services representi g offenders i
a. Grant Countv Juvenile Court at the. rate of one Thousand and No/l oo Dollars ($1 NO)
per case. In the event the case goes to trial, the Public Defender shall also bep aid One
Hundred Twenty -Five and No/ 100 Dollars ($15 0. ooj per diem. for each day or portion
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thereof in actual trial.
b. Grant ounty uperior Court for Class and C felonies(only)atthe rate of Nine. Ninety
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Five and iso/100 Dollars ($95.00) per hour. In the event the case goes to trial, the
Public Defender will continue to bill per hour; the standard per diem rate will not
apply.
1 ., JUDICIAL SERVICE. Public Defender shall not serge in any Judicial capacity
(including Judge pro tem or court commissioner) in or for any, court located within the
County on any criminal, juvenile, or infraction matter. Further-, Public Defender shall not
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serve in any judicial capacity (including judge pro tetra., or court commissioner) in any case
in which the County is a party or in any case in which the state of Washington is aart
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and is represented by the County's Prosecuting Attorney's office or an appointed special
deputy of such office.
19. TERMINA`T'ION.
a. Involuntary, Termination. The County may terminate this Agreement immediately
if, in the sole determination of the erector of Public Defense, the Public Defender is
not providing adequate legal services or is in material non-compliance* with the terms
of this Agreement. In the ease of Involuntary Termination, the Director of Public
Defense may direct that some or all pending cases be assigned to other qualified Public
Defenders. In such circumstances, the Public Defender shall promptly, but in no event
later than three (3) days after notice of Involuntary Termination, identify to the Director
of Public Defense any pending eases in which special. circumstances exist, such as
imminent trial schedule, lengthy oror, client eon�plex course of litigation, special client
circumstances car other ease b
ase interests that nay professionally require
continued representation by the Public Defender. in the evert that the Director of
Public :Defense and Public Defender, cannot agree on reassignment or retention of
particular eases, the matter shall be referred to the presiding Judge for determination of
the issue of assignment of 'counsel.. The Public Defender~ will be responsible for the
completion of all cases not reassigned.
b. Voluntary Terrminatio% Eitherparty may te: ainate ''this'' Agreement.u on One -
Hundred
Hundred and Twenty (120) days' advance written notice for any reason. The p arties may
mutually agree in writing to an earlier termination date. The Public Dcfender will be paid
pro -rata if the effective date of the notice falls on any date other than the last day of the
month. The terminating Public Defender shall be responsible for completion of all cases
assigned before the termination date and shall not withdraw or transfer such cases to other
counsel unless otherwise authorized or directed by the Director of Public Defense.
c. Limited Continuation of earta Terms's The terms or this Agreement for payment of
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additional compensation for serious cases9 trials, and extraordinary cases will cont nuc to
apply to those cases assigned during the Agreement tenm but fished b the terminating
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Public Defender after the termination date. In the event that the County curs
extraordinary costs related to or required by the Public Defenders departure, the Public
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Defender agrees to be responsible for those costs.
20. AUTOMATIC TERMINATION. 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 further Court appointments hereunder, for any reason whatsoever, this
Agreement shall automatically terminate without further notice as of the date such order is
entered by the Court. In. the event that the Court enters such an order.because of unethical
or unprofessional conduct by Public Defender and/or because of Public Defender'sbreach
of this Agreement and the Court determines at that time that the circumstances ustify or
require a substitution of appointed counsel for any person(s) whom Public Defender was
appointed to represent hereunder, public Defender shall be fall y liable to the County for
2023-2024 PSA -DC, PatrickEart Page 10 of 16
any additional costs or expenses incurred by the County relating to such substitute
appointment(s) in addition to any other damages sustained. by the County arising out of
Public Defender's conduct and breach:
In the event the Public Defender's license to practice lave in the State of Washington is
revolved or otherwise limited. or restricted, or in the event the Public Defender is disbarred,
or suspended from the practice of lair, or in the event the Public Defender receives a.
recommendation fro the Washington State Bar Assoeiation for suspension or disbarment
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the public Defender. shall automatically be terminated without further notice as of the
effective date of the revocation., restriction, disbarment or suspension, or the.Washington
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State liar Association recommendation.
21. INDEMNIFICATION AND HOLD HARMLESS. Public. Defender hereby agrees rees to
and .shall fully indemnify the County and hold the County, its officers, employees, and
agents fully harmless for any and all losses, damages, costs, char es, claims, demands
suits, or actions of whatsoever nature directly or indirectly arising out of or by reason of
Public Defender's (or any person, agent, contractor, oIr entity acting for or on behalf of
Public Defender or at Public Defender's request or direction) acts, defaults, errors and./or
omissions of whatsoever nature in the performance of legal I services to any person under
the terms of this Agreement. In the event any suit or legal proceeding is brought 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 Defender here -b
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covenants and agrees to assume the defense thereof and to defend the same at Public
Defender's sole cost and expense and to Pay any and all. costs, charges, Public Defenders
fees, and other expense's as well as any, and all judgm'ents or awards that may be incurred
by or entered against the County or any of its officers, employees ees or agents in such suits
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or other legal proceedings. The indemnification and hold. harmless provisions o.f this
paragraph shall survive the termination of this Agreetnent.
d INSURANCE, Throughout the entire term of this Agree�ent and tluou hour any,other
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longer time period during which Public Defender is obligated toP erfor services or duties
hereunder, Public Defender shall obtain and. continuo, maintains at Public Defender's
sole cost and expense, a policy, of professional liability insurance in an amount not less
than Five Hundred Thousand, and No/100 Dollars ($750,000.00)'per claim nor less
than One Million. and leo/100 Dollars: ($1,000,000.00) is the aggregate ' d.ur'n the
policy term. Said policy shall include coverage as an additional insured for any: other
Public Defender{s} acting for or on behalf of Public Defender in the performance of this
Agreement. Said policy shall provide professional liability insurance coverage for any
errors and/or omissions by Public Defender during the course of performing legal services
under this agreement, and shall further rewire that the insurance company provide the
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County with no less than: thirty (30) days' prior written notice in the event thep y clic is
cancelled or materially altered. Said policy shall also comply with all applicable state of
Washington insurance requirements and shall be issued by an insurance company
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authorized to conduct business and issue insurance in the state'. of
Washington. Contemporaneously with Public Defender's execution of this Agreement,
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Public Defender shall provide the County and its designated Risk Manager with written.
2023-2024 PSA -DC, PatrickEar1 Page 1 I of 16
proof and con.frmation that such insurance policy and overage has been obtained. within
fifteen. (15) days of signature by the parties to this Agreement and Public Defender shall
provide the Risk Manager with annual Written proof and confirmation that such insurance
policy and. coverage continues to exist throughout the term of this Agreement on or before
said policy's term of expiration.
23. RELATIONSHIP OF THE PARTIES. The parties understand, acknowledge, and agree
that Public Defender is not an employee of the County and that Public Defender, as of the
date of this Agreement and throughout its entire ter., is and will be acting and operating
as a fully independent contractor. In that regard, except as otherwise specified in this
Agreement, the County shall have no authority or duty whatsoever to control or supervise
the,performance of Public Defender's duties and services hereunder, which control or
supervisory capacity is fully vested within the inherent power and discretion of theCourt(s)
and/or the Washington State Bar Association..
This Contract is for the personal professional services of the public Defender. The Public
Defender shall not assign or subcontract this Agreement in whole or in part.
This .Agreement does not create an employer/employee relationship between the parties. It
is the parties intent that each contract panel- IPu.blic Defender will. be an independent
contractor and not a County employee for all purposes, including, butt not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, the
Federal Insurance Contribution Act, the Social Security Act; the Federal Unemployment
Tax Act, the provisions of the Internal RevenuI Code, the Washington Industrial lIn.sura.n.ce
Act (Title 51 RCC), Washington wage and hour laws, and the Washington Employment
Security Act (Title So RCC). The Public Defender is, retained solely to represent indigent
persons and is not acting in any administratiw capacity on behalf of the County. The
contract panel Public Defender will retain sole and absolute in the judgment,
manner and means of providing his or her legal .representation under this Agreement
subject to the rights of the Director of public Defense to supervise and discipline each
panel -Public Defender.. The parries agree this Agreement shallnot be construed as creating
any joint employment relationship between the Public Defender and/or any of the Public
Defender's officers, employees, agents or subcontractors and. the County, aInd that the
County will not be liable for any obligation incurred by the public Defender. including, but
not limited to, unpaid minimum wages and/or overtime premiums. The parties further
agree that the County is not responsible for providing any financial or ether support for
equipment, training, administrative costs or research tools for the Public Defender unless
specifically agreed to by the Director Of Public Defense.
24. NON-DISCRIMINATION. INA:'T'ION. the Public Defender agrees that he or she and any of the
Public Defender's officers, employees, and agents will comply with Titles VI and VI1 of
the 1964 Civil Rights Act as amended in. 972; Executive Order 11246 as amended by
Executive Order 11.375; Sections 503 and 504 of the Rehabilitation Act of 1975; the Age
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Discrimination in Employment Act of 1967; the Vietnam Era Veteran Readjustment
Assistance Act; the Washington State Daws .Against Discrimination, Chapter 49.06 RCC;
and any other applicable law or regulation prohibiting discrimination.
2023-2024 PSA -DC, Patri&Earl Page 12 of 16
25. PROFESSIONAL CONDUCT. The Public Defender shall execute this Agreement
independent of any governmental control, except as provided. in thisAgreement. The
Public Defender shall represent clients, preserve client confidences, and g
dischar e his/her
duties hereunder in accordance with the Rules of Professional Conduct pertaining to Public
Defenders licensed to practice law in the State of Washington and pp
an. applicable Court
�
rules. The Public Defender shall also be familiar with and. generally practice according to
the Washington. State Bar Association Performance Guidelines for Criminal Defense
Representation approved on June 3, 2011 or any subsequent guidelines.
Nothing in this .Agreement shall be construed.. to impair or inhibit the exercise of
independent professional judgment by the Public Defender with res ect to' aY client
wherein a Public Defender -client privilege has been established pursuant to the terms of
this .Agreement.
Nothing in this Agreement shall require or authorize any. Public Defender toerform any
y
acts in any manner proscribed by, or neglect to perforin any duties required by the Rules
of Professional Conduct promulgated by the Supreme Court of the State of Washington
and. adopted in R W 2.48.230 as now or hereafter amended, or required or proscribed. b
applicable case law, court rules, regulations or statute. This .Agreement shall neither require
nor authorize any public Defender to engage in any conduct deemed. improper or unethical
in opinions of the Washington State Bar .Association.
The Public Defender and/or support staff employed by the Publ c Defender shall not solicit
or accept compensation from. any client appointed under this Agreement,,*
26, RECORDS AND CLIENT FILE& 'Records of all: matters covered by this Areernent
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(with the exception of client files which are not subyet to the Public Records Act), shall
be established and maintained by the Public Defender in accordance with requirements set
forth in. the Washington Mate Archives' Local Records Retention Schedule, at
www. sos.wa. gov. .Any question as to what does or does not constitute. a public record
should be directed to the County's Public records Offic'er::-in the: card of Count
y.
Commissioners' oners' office at (509) 754-2011 x 638.
The public Defender shall be responsible for maintaining a client's files. In.neral, client
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files are not considered to be public records. The Public Defender shall retain and/or
release client files in accordance with appropriate ethical and legal requirements. The
Public Defender shall. return client files to the Director ofCPublic Defense, at no expense to
the County, when the client's file needs to be transferred to another Public'Defender' who
is a member of the Defense Panel Public Defenders.
27. SUPPLEMENTAL GENERAL CONDITIONS,
a. Integrated Document This Agreement embodies the entirety of the agreement
between the County and the Public Defender, and its applicable terms and conditions
and supersedes any and all other agreements, contracts and understandings, written or
oral (including, Without limitation, any previous agreement executed by the
2023-2024 PSA -DC, PatrickEarl Page 13 of 16
parties). No verbal agreements, conversations, understandings, or writings with any
officer, official, agent, or employee of the County prior to the execution of this
Agreement shall affect or modify any of the terns, conditions, or obligations contained
in any documents comprising this Agreement. Any such verbal agreements,
conversations, understandings, or writings shall be considered [ as unofficial and in no
way binding upon the County.
a. when Rights and Remedies Are Not Waived: In no event shall any payment by the
County or acceptance of payment by the Public Defender constitute or be construed to
be a waver by such party of any breach of contract, covenant, or default which may
then exist on the part of the. other. The making or acceptance of any such payment while
any such breach or default shall exist shall in no way impair or prejudice any right or
remedy available with respect to such breach or default.
b. Severability Of Provisions.- If any ter., covenant condition, or provision of this
Agreement is held by a court Of compet nt jurisdiction,, arbitrator or other reviewing
body with jurisdi c*tion' to be void, invalid, or unenforceable, the remainder of the
Agreement shall not be affected thereby and remain in. full fetes ani effect, if such
remainder would then continue to .conform to the terms and requirements of applicable
law, and. shall continue in full force and effect and shall in no way be affected., impaired.
or invalidated thereby,
c. Disputes Arbitration: ' Disputes or claims arising udder this Agreement between the
County and the Public Defender shall in:itially be resolved by consultation between the
Public Defender and the. Grant County, Board of Commissioners and are to be resolved
in reference to and in accordance with the Laws of the State, of Washington. If
resolution of such dispute or clam is not obtained within fifteen (15) days of such
consultation, the proposal then shall be submitted to final, binding arbitration in
accordance with the rules of Arbitration of the. American Arbitration Association.. All
Arbitration decisions are final and binding on all parties. The parties .ay mutaall
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agree to different rules for the resolution. of the arbitration, as long as the ageecnt is
in writing and signed by an authorized party represen.tatived
e. Modifications: Nothing contained in this Agreement shall be deemed tban. reclude
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party from seeping modification of any term contained herein should. an unforeseen
and material change in circumstances arise. Any agreement, contract, understanding,
or modification made between the parties subsequent to this Agreement, including any
formal addenda or other modification to the terrns and conditions of this Agreement
must be executed with identical formality as this Agreetnent; otherwise the same shall
not be enforceable.
f. Assignability: The Public Defender may not assign his/her rights or obligations under
this Agreement to a third Darty.
2023-2024 PSA -DC, Pairi&Earl Page 14 of 16
g. No Waiver: No failure of the Counter or the Public Defender to insist on the strictest
Performance of any term of this Agreement shall constitute a waiver of any such term
or an abandonment of this Agreement.
h. Governing Law: This Agreement shall be governed . L)y the lags of the State of
Washington. Should this Agreement be subject to scrutiny by a court of law, arbitrator
or other reviewing body with jurisdiction:, it shall be interpreted as if drafted by the
County.
SIGNED this 13A day of December, 2022.
BOARD OF COUNTY COMMISSIONERS
GRANT-, COUNTY WASHINGTON
Dannv_.S_to_e. Chair
SIGNED this,:�Z
day of November 2022.
PUBLIC D
PatrickEarl
Address: 1.334.S. Piori.e'Way,
Y
Mos'es Lake, ;VY A 98837
Phone: (509) 75.0-9021 `
E-mail:atrickowehearl ,ahoo.c' OM
Tax ID #: 539-76-7716
State of Washington
ss.
County of Grant �
I hereby certify that I lmow or have satisfactory {evidence that - Patrick . E
s
arl 1gne4 this
instrument and acknowledged it to be a free and voluntary act for the uses and -purposes mentioned
in the instrument.
DATED:- liz
1. O
, kY4.
, Ile
f
o T A i,-,)�N
ftn lc for washinon State�T.�otaryuCID�io May 28, 2025,
residing in grant County..
My Commission expires: Z
PWA
2023-2024 PSA -DC, PatriekEar1 Page's 6 of 16