HomeMy WebLinkAboutAgreements/Contracts - Public Defensema
GRANT COUNTY
3 Y DEPARTMENT OF PUBLIC DEFENSE
MEMORANDUM
Date: December 14, 2022
To: Boand .of County Commissioners
From: Brett Hill, Director
BACKGROUND:
• The Professional Services Agreements for Indigent Defense in Juvenile Court expire on
their face on December 31, 2022.
• There is a need to renew those services as constitutionally mandated in the landmark
case, Gideon v. Wainwright, 372 US 335 (1963).
• We are adding no new contractors. The two juvenile court contracts are for conflicts and
overflow only. The bulk of the assignments are handled by staff attorneys.
BUDGET:
• The budget as submitted for 2023 reflects and contemplates these contracts as proposed.
My recommendation is that the board approve the attached Professional Services Agreement for
Lyliane Couture.
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2023-24 PROFESSIONAL SERVICES AGREEMENT
FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS
IN THE JUVENILE DIVISION OF GRANT COUNTY SUPERIOR COURT
(JUVENILE OFFENDERS ONLY
CONFLICTS CONTRACTOR
This Professional Services Agreement C'PSA') is entered into, effective January 1, 2023
through December 31, 2024 by and between Grant County, a political subdivision of the State of
Washington (hereinafter called the "County), and Lyliane Couture (currently an employee of
Larson, Fowles, PLLC), the undersigned Public Defender (hereinafter called the "public
Defendef '), who is fully admitted to practice law in the State of Washington,
1. PARTIES AND TERMS: Grant County is a political subdivision of the State of
Washington and agrees to contract with the undersigned independent attorney to provide
indigent defense legal services in the Juvenile Division of the Superior Court of Grant County;
and Lyliane Couture, WSBA # 32308 (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
Agreement.
The parties understand that the intent of this Agreement is for the purpose of defense
representation of cases specifically assigned to the attorney as an "Assigned Counsel" by the
Director of the Grant County Department of Public Defense to the conclusion of the cases.
The conclusion of the cases assigned is defined by the parties as a jury trial and/or bench trial
where a verdict or verdicts are reached, or guilty pleas, whether to the charge as filed, or a
negotiated plea to a lesser charge(s), and/or terms of incarceration on Judgment and Sentence.
In the event the case goes to trial and a finding of gimV is made by either the judge or the
jury, the Public Defender will be responsible'for advising the client of his or her right to appeal
and, if the client so desires to appeal, it will be the responsibility of the Public Defender to file
the Notice of Appeal and any other initial paperwork including, but not limited to, the Motion
and Affidavit of Indigency, the Order of Indi ' gency, and Certificate of Service. The Public
Defender will have no other responsibility under the terms of this Agreement to represent the
client post conviction or post judgment and sentence and, in the event the client is noted up
on the probation violation docket, the Public Defender will have no responsibility for
representation of the client.
The term of this Agreement shall commence on the I' day of January, 2023 and terminate on
the 311 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. The County has the option to renew this contract for a similar term at its sole
discretions subject to mutual agreement by the parties on a compensation rate for the
additional term.
2023-2024 PSA -N, Couture, Lyliane (Conflict) Page 1 of 16
1. DEFINITIONS. For the purposes of this Agreement, the following definitions shall
apply:
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 in Grant County.
b. "Public defender" means any attorney who is hired by or contracts with Grant
County to represent indigent persons charged with crimes or other applicable
matters in Grant County.
C. "WSBA-Endorsed Standards" means the standards developed by the Washington
Defender Association, adopted by the Washington State Bar Association and
endorsed by the Washington Legislature, see RCW 10-101.030, and incorporated
herein by reference. (Copy available for review at the Office of the County
Commissioners; copy also available upon request.)
d. "Director of Public Defense" means the attorney who is hired 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 changed
with a crime or other applicable matter in Grant County.
e. "Policy" and/or "Policies" are defined as a policy or policies as developed by the
Grant County Department 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.
2. PROFESSIONAL SERVICES. Each Public Defender shall represent in a professional
manner all individuals charged with a crime or other applicable matters in the Juvenile
Division of Grant County Superior Court for whose representation he or she is appointed.
Such representation shall include, but is not limited to, attendance at first appearances and
bail hearings, preparation and appearance at all phases of court proceedings including
arraignments, pretrial hearings, motions, trials, sentencing, post -trial motions and
restitution hearings.
The Public Defender's duties also shall include the preparation and filing of all pleadings
necessary to perfect an appeal beyond Juvenile Court when appropriate and representing
an appellant until new counsel is appointed to process the appeal. The Public Defender will
have no responsibility to represent the client in the event the client is noted up on the probation
violation docket unless assigned as provided herein.
The Public Defender further represents and warrants that, throughout the entire term 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 competently undertake and effectively perform all
services required under this Agreement. Public Defender further represents and warrants
that Public Defender's personal schedule will not unduly or unreasonably interfere with
Public Defender's ability to timely and efficiently perform such services including, without
limitation, Public Defender's ability to prepare for and attend regularly scheduled trials and
2023-2024 PSA -N, Couture, Lyline (Conflict)
Page 2 of 16
dockets or Public Defender's ability to schedule and conduct face-to-face meetings with
the indigent persons Public Defender is appointed to represent under this Agreement for
purposes of discussing, preparing, and pursuing the most viable defense(s) and/or
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resolution available to the alleged criminal charge(s) and keepmg such persons reasonably
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apprised as to the status of their case.
The essential functions of this position include, but are not limited to: the ability to do all
of the reading and writing necessary to file pleadings with the court; to attend court on a
daily basis for up to eight hours a day as needed; to meet with clients in the Youth Services
detention facility; to travel as necessary to attend court hearings, interview witnesses* and
otherwise prepare for court and trial; to attend court during trial and to complete all other
attendant tasks associated with competent case and trial management.
1 QUALIFICATIOI' & Each attorney representing a juvenile accused of a Class B or C
felony shall meet the following requirements.- either have served one year as a prosecutor,
or have served one year as a public defender, or have been trial counsel alone in five
misdemeanor cases brought to a final resolution. Each attorney shall be accompanied at
his or her first juvenile trial by a qualified attorney.
Ouafificanons also include The Washin n State Court Mules; _#ny, certifications
under CrR 3.1 or as hereafter amended, and the Washint!ten State Office of Public
Defense training, requirements as Wor orated herein by reference unless deemed
inconsistent with this Agreement or determined to be not applicable by the Director of
Public Defense. (Copy available for review at the Grant County Department of Public
Defense; copy also available upon request).
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4. COMPENSATION. For misdemeanors, gross misdemeanors and class C felonies,,
Public Defender shall be paid One Thousand and No/ 100 Dollars ($1,000.00) per case
assignment,, additionally, Public Defender shall also be paid One Hundred Fifty and
No/100 Dollars ($150) per them for each day or part thereof in trial. For Class A or 8
felonies, and any felony sex offences at the Public Defender's discretion, he/she shall be
paid ata rate of: (a) either One Thousand and Nos 100 Dollars ($1,000.00) as a flat fee; or
(b) One Hundred Dollars ($100.00) per hour or part thereof as measured in tenths of hours
in accordance with the standard and customary billing practices of attorneys. Public
Defender will deliver an invoice to the Director of the Grant County Department of Public
Defense at the end of each month specifying the case and detailing the activity and work
done on each case.
The Defender shall receive 'additional compensation for travel to Martin Hall for in-person
consultation with assigned clients in the amount of Three Hundred and No/ 100 Dollars
($300.00) for each necessary round trip between Grant County, Washington and Martin
Hall. This amount is a flat fee that considers and is inclusive of mileage and any other
ancillary costs. If the case for which travel is made is one which qualifies for extraordinary
case credit per this agreement, the time spent with the client may be counted as time worked
for the purpose of calculating the credit. The travel time will not be counted for such credit
as it is compensated for herein.
2023-20U PSA -JV,, CouWe. Lyliane (Conffid) Page 3 of 16
'Lae worksite is Ephrata, Washington, and the Public Defender's office. The Public
Defender will not be compensated for travel to and from the worksite for any reason. The
Public Defender is fin-ther responsible for all costs and fees incurred in maintaining a law
office including, but not limited to, rent, phones, copying, faxes, secretarial, and all other
costs and fees in maintaining a law office. The Public Defender will be paid for his/her
services by Grant. County the month following that in which invoices were submitted to
the County. In the event this contract is terminated by either party prior to the end of its
term, the County shall pay the pro -rata amount based on the total hours worked in the
month of the termination.
5. INVESTIGATORS, Grant County shall provide Investigators for 'use by the Pi iblic
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
Idly
rovi ise speciticat
authorized by the Director of Public Defense. The Public Defender agrees to and is bound
to cuse the policy of the Department of Public Defense regarding investigation.
6. EXPERTS. Grant County shall pay reasonable compensation for expert witnesses
necessary for the defense of indigent defendants, including investigation, preparation and
trial of a case, at no cost to the Public Defender. Public Defender shall obtain approval for
expert witness fees by ex parte motion to the Grant County Superior Court. Motions for
payment of experts shall be filed vn'th the Grant County Superior Court under seal. Public
Defenders shall be free to retain experts of their choosing. Public Defenders may redact
billing entries (other than an indication of the hours spent and rate charged) from expert
invoices for purposes of submitting them for payment by the County.
7. ADMINISTRATIVE SUPPORT. Each Public Defender shall maintain a minimum of
1/4 -time secretarial/paralegal support unless and until the Director of Public Defense
concludes that a given Public Defender does not require such administrative support. Each
Public Defender shall maintain appropriate documentation of that Public Defenders
arrangements for staff support and shall provide copies of that documentation to the
Director of Public Defense.
8. INTERPRETER SERVICES. Grant County shall provide reasonable access to certified
(or other) interpreters to interpret for Public Defenders on assigned cases. No Public
Defender shall use jail trustees to provide translation services under any circumstances.
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9, CONFLICTS OF INTEREST. The Public Defender shall design, implement and
maintain a conflicts -check 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 Public Defense.
10, CASE APPOINTMENTS & LIMITATIONS. The primary purpose of this agreement
is to provide conflict attorneys to qualified clients. That may involve the assignment of
2023-2024 PSA -JV, Couture, Lyfiane (Conflict) Page 4 of 16
conflict cases by the Director of Public Defense to the Public Defender with the Public
Defender's consent. Under no circumstances will the Public Defender- be appointed more
than fifteen (15) case equivalents per month for the term 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, national
origin, age, marital status, sexual orientation, handicap, or political or religious affiliation
on any felony or other applicable matter in the Juvenile Division of Grant County Superior
Court. Provided, however, that the Public Defender shall not be required to accept an
appointment under this Agreement for any reason. Public Defender shall promptly screen
.each case appointment for potential conflicts of interest and shall immediately infonn 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. Should any
question arise, a court of competent junsdiction shall determine the existence or non.
existence of a legal, professional,. or ethical conflict, in accordance with the applicable
court rules, statutes, Washington case law, and the terms of this contract. The Director of
Public Defense will be ultimately responsible for resolution of all conflicts not otherwise
resolved by the Court. Notwithstanding the foregoing, with the approval of the Director
of Public Defense a Public Defender may be assigned up to five (5) cases each year for
which he or she lacks the requisite qualifications under the WSBA-Endorsed Standards,
provided that: (a) no Public Defender with less than two (2) years of felony prosecutionor ,
defense experience will be assigned a Class A felony or persistent offender case under any
circumstance; and (b) the Director of Public Defense must co -counsel with the Public
Defender on all aspects ofthe case. A Public Defender shall not be assigned a death penalty
case unless the Public Defender meets the professional qualification standards
of the WSBA-Endorsed Standards and the applicable Washington Supreme Court rules,
119 CASE EQUIVALENTS. For purposes of calculating Public Defender's "case
equivalents" under this Agreement, the following provisions shall apply:
Case equivalents shall be calculated as follows:
------------------
Type of Case Case e uivatent
F,BECCA Matters: At Risk Youth (ARY), Children In 0.50
Need of Services _(qHINS), Truant
Offender Matters:
Misdemeanors through Felonies 1.0
Declination hearings (discretionary & mandatory) 1.0
Complex cases (>20 Hours) 1.0
Other hearings and reviews including: 0.33
Competency/Capacity, probation violations,
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restitution, manifest injustice, 3.5 and 3.6 hearings
.Review of referred Diversion cases 0.10
In the event that any case equivalents are modified during the contract year, the Public
Defender agrees to abide by the modifications from the time they are adopted to the end of
2023-2024 PSA YV,, Couture, Lyliane (Conflict) Page 5 of 16
the contract term. Modifications of the case equivalents will be at the sole discretion of
the Director of Public Defense.
The following cases will be considered "extraordinary cases" for the purposes of
determining case equivalents.
Persistent offender cases categorized as "Two Strike Cases" or "Tbree Strike Cases";
Sexually Violent Predator cases;
# Fraud cases that have more than five (5) counts or where the total alleged loss exceeds
$250 000*
# Aggravated murder cases with or without a death notice; and
Other similar cases as determined in writing by the Director of Public Defense to be
extraordinary M* light of the amount and complexity of the evidence, complexity of the
legal issues, number of defendants, length of trial, or similar factors.
An appointment to any. matter in which Public Defender is initially appointed but
withdraws prior to the first trial setting or pre-trial he * aring 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 term of the Agreement- shall not be further counted as any type of case equivalent if
such matter was not fully concluded and subsequently arises again before the court and
Public Defender continues representing the same person in such matter (e.g., if Public
Defender was appointed to represent a person on a felony charge who fails to appear for
trial, Public Defender's continued representation of such person following his/her later
arrest shall be deemed as being a prior and ongoing representation and shall not count as
any type of further or additional case equivalent). An appointment involving a seventy.
two (72) hour hold where the Prosecuting Attorney does not then file the charge and the
defendant is released shall not count as any type of case equivalent.
An assignment of a contempt case shall be counted as one case assignment regardless of
the number of review heaxings scheduled by the court for that litigant except as noted
herein. If the Public Defender has prepared for or attended more than five (5) review
hearings in a calendar year related to the same litigant, the Public Defender may apply to
the Director of Public Defense for one ( 1 ) additional credit. The granting or denial of
additional credit shall be in the sole discretion of the Director of Public Defense.
In any matter where the defendant to whom the Public Defender has been appointed retains
his or her own attorney or is reassigned an attorney not on the Public Defense Panel at or
before the first trial setting or pre-trial hearing, such case shall not be counted as a case
appointment for the originally assigned Public Defender under this Agreement,
6
In any matter where the defendant to whom the Public Defender has been appointed is
reassigned to another Public Defender on the Public Defense Panel, at or before the first
trial setting or pre-trial hearing, such case shall be counted only once as a case appointment
2023-2024 PSAW, Coutare, Lyliane (Conflict) . Page 6 of 1.6
under this Agreement and shall be counted for 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 reassignment of a case appointment
among the Public Defense Panel, the reassignment shall count only once as a case
appointment under this Agreement and shall be counted for the recipient of the
reassignment unless otherwise determined by the Director of Public Defense.
If the client fails to appear at the first trial setting or pre-trial hearing or for some reason no
-first trial setting or pre-trial hearing is scheduled and/or the Public Defender is required to
withdraw for any other valid reason, other than for a bona fide conflict, then the Public
Defender will be entitled to receive a 0.5 case equivalent for that case. If the Public
Defender is later reassigned to that case then the Public Defender will be entitled to an
additional 0.5 case equivalent. In no event, shall the Public Defender be entitled to more
than a 1.0 case equivalent on the case.
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.
14. 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 type and
case equivalency, the cases to which Public Defender was appointed pursuant to this
Agreement during the preceding month. The report shall be submitted by the third (3rd) day
of each month for assignments made during the preceding month.
The Public Defender also by his or her signature represents and warrants to the County that
the Public Defender is a member ofthe Washington State Bar Association, in good standing
(good standing is defined by the parties as current M' 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).,
15. CLIENT ELIGIBILITY. The Court, consistent with applicable laws, rules and
standards, shall be the sole determiner of the eligibility of any particular person for
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 mmediately. notify the Court of such possibility for purposes of the
Court making a re -determination as to eligibility, providedthat 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,
the appointment of Public Defender to represent such person shall be rescinded and su6h
person shall be required to retain his/her own legal counsel. Public Defender shall not
thereafter represent such person in such matter on a retained -fee basis unless such person
applies for and receives the Court's permission allowing such representation.
16. CONTINUED REPRESENTATION. In the event that a change of venue is granted to
a person for whom Public Defender has been appointed to represent under this Agreement,
2023-2024 PSA -N, Couture, Lyliane (Conflict) Page 7 Of 16
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, pursuant to this Agreement,
includes the obligation to timely and fully complete all cases or matters encompassed by
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 any
way entitle Public Defender to receive any additional compensation beyond the
compensation amount(s) specified in this Agreement.
In the event that this Agreement is terminated and there are cases that are not completed
by the departing Public Defender, in the Director of Public Defense's discretion, certain
cases may be transferred to other attorneys in the Grant County Public Defense
system. Those cases will continue to be counted as full cases for the departing defender
and shall, at the Director of Public Defense's discretion, be counted as a full case credit. for
the receiving attorney depending on the stage of the proceeding. If the transfer is effected
prior to the first trial setting or pre-trial hearing, the case will not count for the departing
Public Defender and will count as one fall case count for the receiving Public Defender.
17, 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.
18, COOPERATION WITH PUBLIC DEFENSE PANEL PUBLIC DEFENDERS AND
DIRECTOR OF PUBLIC DEFENSE. The Director of Public Defense shall assign case
appointments. The panel -Public Defenders agree to cooperate with the Director of Public
Defense m" 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 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 review is confidential and will not
waive any privilege. If the review by the Director of Public Defense will invade a privilege,
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 further specifically agrees to abide by the policies of the Grant County
Department of Public Defense, as they apply to the Public Defender including, but not
2023-2024 PSA -N,, Coude, Lyliane (Conflict) Page 8 of 16
limited to, caseload limitations; private practice limitations; case reporting requirements;
client contract reporting requirements; case completion and case transfer or case
acceptance on transfer; and any other terms and conditions that are or may become
applicable..
The Public Defender further agrees to abide by the specific terms, conditions and practice
requirements of Grant County 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 semi*nars): periodic mandatory meetings of counsel; and
Ming
completion of certain specific tasks and/or practice standards or requirements as may
become necessary for the proper admffiistration of Grant County Public Defense.
19. NON-ASSIGNMIENT AND TEMPORARY SUBSTITUTIONS. Except as otherwise
provided within this Agreement, Public Defender shall not allow or arrange for any other
person to perform any of the services required by this Agreement, nor shall Public Defender
be entitled to assign, subcontract out, or otherwise delegate any of Public Defender's rights,
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 Public Defense Panel Public Defenders may mutually agree
to make temporary, substitute appearances for each other on routine crm*u*nal docket
matters and routine court hearings on an as -needed 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 by such temporary substitution of legal
counsel. Any compensation or consideration to be paid or given by Public Defender to the
other Public Defense Panel Public Defenders for such substitution(s) shall be a matter of
direct negotiation and agreement between Public Defender and the other Public Defense
Panel Public Defenders, and said other Public Defenders shall 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
leave of absence from the practice of law during the term of this Agreement and is unable
to obtain the assistance of the other Public Defense Panel Public Defenders during such
temporary absence, the Director of Public Defense may seek and obtain the assistance of
another qualified Attorney t6 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 Court (with. a copy to be provided to
the County) in all such matters 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 and provided ftu-ther 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 affected by such temporary substitution of legal counsel.
2023-2024 PSA -JV.. Couture, Lyliane (Conflict) Page 9 of 16
Any compensation or Consideration to be paid or given by Public Defender to such other
non -panel Attorney for such substitution(s) shall be a matter of direct negotiation and
agreement between Public Defender and such other Attorney, and such other Attorney
shall not be entitled to receive any compensation from the County for such
substitution(s). Public Defender acknowledges and agrees that Public Defender shall be
strictly responsible to ensure that such other Attorney fully complies with all terms and
conditions of this Agreement during such temporary absence period (including, without
limitation, the requirement to Maintain the *insurance coverage specified in this Agreement)
and that Public Defender shall be strictly liable for any and all damages or losses sustained
as a result of such other Attorney's non-compliance with the terms and conditions of this
Agreement.
20, TERMINATION.
a. Involuntary Termination. The County may terminate this Agreement immediately
if, in the sole determination of the Director of Public Defense, the Public Defender is
,not providing adequate legal services or is M' material non-compliance with the terms
of this Agreement. In the case 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 cases in which special circumstances exist, such as
inntninent trial schedule, lengthy or complex course of litigation, special client
circumstances, or other client or case based interests that may professionally require
continued representation by the Public Defender. In the event that the Director of
Public Defense and Public Defender cannot agree on reassignment or retention of
particular cases, 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 Wlermination. Either party may terminate this Agreement upon Sixty
(60) days advance written notice for any reason. The parties may mutually agree in
writing to an earlier effective date. The Public Defender 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 effective 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 Certain Terms: The terms of this Agreement for payment of
additional compensation for serious cases, trials, and extraordinary cases will continue to
apply to those cases assigned during the Agreement term but finished by the terminating
Public Defender after the effective date of tennination. In the event that the County incurs
extraordinary costs related to or required by the Public Defender's departure, the Public
Defender agrees to be responsible for those costs,
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21. AUTOMATIC TERNIINATION. 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's breach
of this Agreement and the Court determines at that time that the circumstances justify or
require a substitution of appointed counsel for any person(s) whom Public -'Defender was
appointed to represent hereunder, Public Defender shall be fully liable to the County for
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 law M* the State of Washington is
revoked or otherwise limited or restricted, or in the event the Public Defender is disbarred
or suspended from the practice of law, or -in the event the Public Defender receives a
recommendation from the Washington Sate Bar Association for suspension or disbarment,
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
State Bar Association recommendation.
22. INDEMNIFICATION AND HOLD HARMLESS. Public Defender hereby agrees to
and shall fully indemnify the County and hold the County, its officers, employees, and
agents fully harmless to the full extent of the *insurance coverage required in this
Agreement for any and all losses, damages, posts, charges, claims, demands,. suits, or
actions of whatsoever naturedirectly or -indirectly arising out of or by reason of Public
Defender's (or any person, agent, contractor, or 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 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 hereby
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 expenses as well as any and all judgments or awards that may be incurred
by or entered against the County or any of its officers, employees or agents in such suits
or other legal proceedings, The indemnification and hold harmless provisions of this
paragraph shall survive the termination of this Agreement.
23. INSURANCE. Throughout the entire term of this Agreement and throughout any other
longer time period during which Public Defender is obligated to perform services or duties
hereunder, Public Defender shall obtain and continuously maintain, at Public Defender's
Sole cost and expense, a policy of professional liability insurance in an amount not less
than Seven Hundred Fifty Thousand and No/100 Dollars ($750,000,00) per claim nor
less than One Million and No/100 Dollars ($1,000,000.00) in the aggregate during the
policy term. Said policy shall include coverage as an additional insured for any other
2023-2024 PSA -JV, Couture., Lyfiane (Conflict) Page I 1 of 16
Public Defender(s) acting for or on behalf of Public Defender in the performance of this
Agreement unless said other Public Defender is already on the County's Indigent Public
Defense Panel. 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 fin-ther require that the insurance company provide the
County with no less than thirty (30) days prior written notice in the event the policy is
cancelled or materially altered. Said policy shall also comply with all applicable state -of
Washingto'n insurance requirements and shall be issued by an insurance company
authorized to conduct business and issue insurance m the state of
Washington. Contemporaneously with Public Defender's execution of this Agreement,
Public Defender shall provide the County and its designated Risk Manager with written
proof and confirmation that such insurance policy and coverage 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 co'nflmnation that such insurance
policy and coverage continues to exist throughout the term of this Agreement on or before
said policy's term of expiration.
24. 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 term, is and will be acting and ope'ratin- g
as a fully independent contractor. In that regard, except as otherwise specified M' 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 the
Court(s),
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 M* part.
This Agreement does not create an, employer/employee relationship between the parties. It
is the parties intent that each panel -Public Defender will be an independent contractor and
not a County employee for all purposes, including, but not limited to, the th
f application e
I o
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 Revenue Code, the Washington Industrial Insurance Act (Title
51 RCW), Washington wage and hour laws, and the Washington Employment Security
Act (Title 50 RCW). The panel Public Defender will retain sole and absolute discretion 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 parties agree this Agreement shall not '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, and that the County will not be liable for any obligation incurred by the Public
Defender including but not limited to unpaid wages and/or overtime
premiums. The parties finther agree that the County is not responsible for providing any
2023-2024 PSA -N, Couture, Lyliane (Conflict) Page 12 of 16
financial or other support for equipment, training, administrative costs or research tools for
the Public, Defender unless specifically agreed to by the Director of Public Defense,
25, NON DISCRIMINATION. The Public Defender agrees that he or she and any of the
Public Defender's officers, employees, and agents shall comply with the County's Non.
Discrimination Policy and Plan which is consistent with Titles VI and VII of the 1964 Civil.
Rights Act as amended in 1972; Executive Order 11246 as amended by Executive Order
11375; Sections 503 and 504 of the Rehabilitation Act of 1975; the Age Discrimination in
Employment Act of 1967; the Vietnam Era Veteran Readjustment Assistance Act; the
Washington State Laws Against Discrimination, *Chapter 49.06 RC; and any other
applicable law or regulation prohibiting discrim m*atio-n. The County's Ton -Discrimination
Policy and Plan provides as follows:
It is the policy of the County that no person shall be subjected to discrimination by the
County or by its subcontractors because of race, color, national origin, sex, age, religion,
creed, marital status, disability, Vietnam era veteran status, or the presence of any physic"al,
mental or sensory handicap. ,
26. PROFESSIONAL CONDUCT* The Public Defender shall execute this Agreement
independent of any governmental control, except as provided M' this Agreement. The
Public Defender shall represent clients, preserve client confidences, and discharge their
duties hereunder in accordance With the Rules of Professional Conduct pertaining to Public
Defenders licensed to practice law in the State of Washington and any applicable Court
rules.
It is understood at then g of this" Agreem- ent that 'the Public Defender herein is not
qualified concerning the representation of a death penalty case,,
Nothing in this Agreement shall be construed to impair or inhibit the exercise of
independent professional judgment by the Public Defender with respect to any client
wherein a Public Defender -client privilege has been established pursuant to the terms of
this Agreement.
2023-2024 PSA -N, Couture, Lyliane (Conflict) Page 13 of 16
Nothing in this Agreement shall require or authorize any Public Defender to perform any
acts in any manner proscribed by, or neglect to perform any duties required by the Rules
of Professional Conduct promulgated by the Supreme Court of the State of Washington
and adopted in RCW 2.48.230 as now or hereafter amended, or required or proscribed by
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 Public Defender shall not solicit
or accept compensation from any client appointed under this Agreement.
27. RECORDS. Records of all matters covered by this Agreement shall be established and
maintained by the Public Defender m* accordance with requirements prescribed by the
County, the Washington State Bar Association and applicable courts. At a xniniand
except as otherwise authorized by the County, such records shall be maintained as follows:
Cases Resulting in Conviction
Class C Convictions:
Class B Convictions:
Class A Convictions:
Cases Resulting in Acquittal or Dismissal
Class C Offenses:
Class B offenses:
Class A Offenses:
5 years after sentencing
10 years after sentencing
20 years after sentencing
3 years after Acquittal or Dismissal
10 years after Acquittal or Dismissal
10 years after Acquittal or Dismissal
At the conclusion or termination of this Agreement, the Public Defender shall return client
files to the County, at no expense to the County, in order that the client files be retained by
or transferred to another Public Defender who is a member of the Public Defense Panel,
The Public Defender may keep a copy of a -file at the Public Defender's expense.
28, SUPPLEMENTAL GENERAL CONDITIONSO
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 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 terms, 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.
2021.2024 PSAJV, Couture, Lyliane (Conflict) Page 14 o€15
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 waiver 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 term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction, arbitrator or other reviewing
body with jurisdiction, to be void, invalid, or unenforceable, the remainder -of the
Agreement shall not be affected thereby and remain in full force and effect, if such
remainder would then continue to conform to the temu and requirements of applicable
law, and shall continue in Ul force and effect and shall in no way be affected, impaired
or invalidated thereby.
c. Disputes — Arbitration: Disputes or claims arising under this Agreement between the
County and the Public Defender shall initially 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 claim 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 may mutually
agree to different rule -.s for the resolution of the arbitration, as long as the agreement is
in writing and signed by an authorized party representative.
e. Modifications: Nothing contained in this Agreement shall be deemed to preclude any
party from seeking 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 terms and conditions of this Agreement
must be executed with identical formality as this Agreement; otherwise the same shall
not be enforceable,
f. Assignability: The Public Defender may not assign its rights or obligations under this
Agreement to a third party.
g. No Waiver: No failure of the County 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 by the laws 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.
2023-2024 PSA -N, Coup Lyliane (Cmfflict) Page 15 of 16
SIGNED this day of December, 2022.
BOARD OF COUNTY COMNUSSIONERS
GRANT COUNTY, WASHINGTON
------- - ---
Danny St Chair
1�ob
VW "C'-:[iair ---------
I
Cindy darter, Member
PUBLIC DEFENDER
JAF
(Signature) Ly—lian--eCou-ture
Address: Larson, Fowles, PLLC
821 E. Broadway Ave. Ste. 8
Moses Lake, WA 98837
Phone: (509) 765-6700
E-mail: lyhane@larsonfowles.com
Tax ID #: 20-5847426
State of Washington )
)ss.
County of Grant
I hereby cerfiiy that I know or have satisfactory evidence that Lyliane Couture signed this
a- on
instrument and acknowledged it to be a free and voluntary act for the uses and purposes menti ed
In the instrument
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2023-2024 PSA -.TV,, Coutme., Lyliane (Conffict)
DATED:
No Public for Washington State,
residing inC-jramt County,
MY Commission expires* 'i -
Page 16 of 16