HomeMy WebLinkAboutAgreements/Contracts - Superior CourtK19-213 WV
PROFESSIONAL SERVICES AGREEMENT
FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS
IN THE JUVENILE DIVISION OF GRANT COUNTY SUPERIOR COURT
(JUVENILE OFFENDERS ONLY)
This Professional Services Agreement ("PSA") is entered by and between Grant County, a
political subdivision of the State of Washington (hereinafter called the "County"), and the
undersigned Public Defender (hereinafter called the "Public Defender"), who is fully admitted to
practice law in the State of Washington.
1. PARTIES AND TERMS: Grant County agrees to contract with Dovie Sigle, WSBA #32309
(hereafter "Public Defender") as an independent attorney licensed to practice law in the State
of Washington, to provide indigent defense legal services in the in the Juvenile Division of
Grant County Superior Court as an independent contractor and who agrees to contract with
the County to provide indigent defense services in accordance with the terms of this
Agreement.
Duration: The term of this Agreement shall commence on the 1st day of January, 2020 and
terminate on the 31st day of December, 2021 unless otherwise terminated pursuant to 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 discretion subject to
mutual agreement by the parties on a compensation rate for the additional term.
2. 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 the Juvenile Division of Grant County Superior Court.
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 the
Juvenile Division of Grant County Superior Court.
c."Standards for Indigent Defense" means the standards that have been adopted by the
Washington State Supreme Court that are required by Juvenile Court Rule 9.2 (JuCR),
and incorporated herein by reference.
d. "Director of Public Defense" (Director) means the attorney who is hired to supervise
or oversee the system or program under which Grant County, provides, or is obligated
to provide defense of any indigent person or any other applicable matter in the Juvenile
Division of Grant County Superior Court.
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.
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3. PROFESSIONAL SERVICES. Each Public Defender shall represent in a professional
manner all juvenile offenders charged with an offense for whose representation he or she
is appointed. The Public Defender shall also represent other individuals who have a right
to public counsel for proceedings in Juvenile Court (i. e., parents or children in ARY,
CHINNS or contempt proceedings). 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 Superior Court when appropriate and representing
an appellant until new counsel is appointed to process the appeal.
The Public Defender shall maintain a telephone line to receive calls from clients which
shall be accessible to all clients including those being held in -custody pending further
proceedings.
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
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
resolution available to the alleged criminal charge(s) and keeping such persons reasonably
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 both in the jail and at
the Public Defender's own office; 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.
4. TRAINING AND QUALIFICATIONS OF PUBLIC DEFENDERS. Public Defenders
must be fully qualified and for each case appointed according to the Standards for Indigent
Defense. Public Defender shall also engage in training as required by said standards and
in accordance with the requirement as contained in RCW 10.105.
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5. COMPENSATION. The Public Defender shall be paid Eighty Four Thousand and
No/100 Dollars ($84,000.00) per year payable in twelve (12) monthly installments of
Seven Thousand and 00/100 Dollars ($7,000.00) to handle a maximum of one hundred
eighty-seven and one-half (187.5) case equivalents during each year of the contract
term. In addition to the yearly compensation, Grant County shall pay the Public Defender
One Hundred Fifty and No/100 Dollars ($150.00) per diem for each day or portion
thereof in actual trial. Because the in -trial hours are compensated by per diem, in -trial
hours shall not be calculated toward any case equivalency unless otherwise determined by
the Director of Public Defense. 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 cases assigned up to the maximum number
of cases provided in this agreement, not to exceed 187.5 annualized case equivalents. 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 months worked in the year of the
termination.
In the event the Public Defender is assigned more than 187.5 case equivalents, the
County will pay an additional Four Hundred Fifty Dollars ($450.00) per case
equivalent for each case in excess of 187.5. The Public Defender shall bill any excess
cases to the County in accordance with the County's billing procedures.
The worksite is Ephrata, Washington, and the Juvenile Court in Grant County. The Public
Defender will not be compensated for travel to and from the worksite for any reason. The
Public Defender is further responsible for all costs and fees incurred in maintaining a law
office including, but not limited to, rent, phones, copying, faxes, secretarial support, and
all other costs and fees in maintaining a law office.
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 Ephrata, WA and Martin Hall located in
Medical Lake, WA. 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.
The County's designated representative will meet with the Public Defender starting no later
than September 15, 2021 to discuss the terms and conditions for the contract for the
succeeding term.
6. 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
authorized by the Director of Public Defense. The Public Defender agrees to use the Grant
County Department of Public Defense form for requesting the assignment of an
Investigator.
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7. 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 an appropriate motion to the Grant County Superior Court. Public
Defenders shall be free to retain Experts of their choosing subject only to the limitations
set forth by the Superior 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 them 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.
8. 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 and
notifies the Public Defender of that decision in writing. Each Public Defender shall
maintain appropriate documentation of that Public Defender's arrangements for staff
support and shall provide copies of that documentation to the Director of Public Defense.
9. INTERPRETER SERVICES. Grant County shall provide reasonable access to Certified
Interpreters to interpret for Public Defenders at the Grant County Youth Services facility
when Public Defenders need access to interpreter services.
10. 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 one hundred and eighty-seven and one-half (187.5) case equivalents per
Agreement year and will be expected to handle a full case load of 187.5 case equivalents
or a pro -rata share for contracts less than one year unless otherwise provided in this
Agreement. If, for any reason, the Public Defender refuses or is otherwise unable to handle
a full equivalent case load the County may, in its discretion, terminate this Agreement
pursuant to the termination provisions of this Agreement. Provided, however, that the
public defender shall not be required to accept more than twenty-five (25) case equivalents
in any one month without prior consent. If the Public Defender agrees to accept more than
the above contracted case equivalents, in no case shall the total number of cases accepted
and/or assigned exceed two hundred fifty (250) per calendar year. Every reasonable effort
will be made to assign Class A or Sex Offense cases on an equal basis among all eligible
Public Defenders.
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.
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11. CONFLICTS OF INTEREST. The Public Defender shall 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.
The Public Defender shall not be required to accept an appointment under this Agreement
if the particular appointment would create a bona fide, actual legal, ethical or professional
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 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.
12. 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 equivalent
BECCA Matters: At Risk Youth (ARY), Children in
0.50 case equivalent
Need of Services (CHINS), Truancy
Offender matters:
Misdemeanors thru Felonies
1.0 case equivalent
Declination hrgs. (discretionary & mandatory)
1.0 case equivalent
Complex cases (>20 hours)
1.0 case equivalent
Other hearings and reviews, including"
0.33 case equivalent
Competency/Capacity, probation violations,
Restitutions, manifest injustice, 3.5 and 3.6 hrgs.
Review of referred Diversion cases
0.10 case equivalent
The Director of Public Defense alone shall have the authority to declare a particular case
as a "Complex case" per the above table. The case would then qualify for extraordinary
case credit. Public Defender will receive additional case credit for each additional twenty
hours (20) of reasonable work on the case. It is the responsibility of the Public Defender
to keep track of time spent and request in writing the application of extraordinary case
credit. Public Defender shall follow any policies of the Department of Public Defense
regarding the requesting of extraordinary case credits.
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
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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:
Certain persistent offender cases as determined in writing by the Director of Public
Defense to be extraordinary.
Other similar cases as determined in writing by the Director of Public Defense to be
extraordinary in light of the amount and complexity of the evidence, complexity of the
legal issues, number of defendants, length of trial, or similar factors.
A case will not be declared extraordinary simply because it takes time to resolve.
An appointment to any matter in which Public Defender is initially appointed but
withdraws prior to the first pretrial 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 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 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 a one-half case equivalent regardless
of the number of review hearings 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 one-half case equivalent (0.5). The
granting or denial of additional case equivalents shall be at 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 Felony Defense Panel at or
before the first pretrial hearing, such case 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 Felony Defense Panel, at or before the first
pretrial hearing, such case shall be counted only once as a case appointment under this
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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 reassignment of a case appointment
among the Felony 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.
If the client fails to appear at the first pretrial hearing or for some reason no pretrial 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
one-half (0.5) case equivalent for that case. If the Public Defender is later reassigned to
that case, the Public Defender will then be entitled to an additional one-half (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.
13. 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 fifth (5`d) day
of each month for assignments made during the preceding month.
In the alternative, the Public Defender may agree that the Director of Public Defense or
his/her designee shall provide a written monthly case assignment report to the Public
Defender detailing the defendant name, case number, case type and case count equivalency
the cases to which Public Defender was appointed pursuant to this agreement during the
preceding month. If the Public Defender does not respond with two (2) days of receipt of
the report with any changes or corrections, the report then shall be deemed final for all
purposes.
CONTINUING EDUCATION/REPORT: Each Public Defender is required to attend
training approved by the Washington State Office of Public Defense in each calendar year.
The Public Defender shall submit an annual report documenting his/her having attended at
least seven (7) hours of said training. The report shall be in a form 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
report to 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 shall be submitted in a form and at such time that allows the
County to comply with the requirements of RCW 10.101.050. The part time Public
Defender shall submit an annual report to the Director of Public Defense documenting
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his/her Attorney Time Reporting Requirements (in accordance with RCW 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 her 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.
14. 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 juvenile and subsequently discovers that such juvenile 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 juvenile is not eligible for publicly -provided
representation, the appointment of Public Defender to represent such juvenile shall be
rescinded and such juvenile shall be required to retain his/her own legal counsel. Public
Defender shall not thereafter represent such juvenile in such matter on a retained -fee basis
unless such juvenile applies for and receives the Court's permission allowing such
representation.
15. CONTINUED REPRESENTATION. In the event that a change of venue is granted to
a juvenile for whom Public Defender has been appointed to represent under this
Agreement, Public Defender shall continue to represent such juvenile 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, the Public Defender shall be responsible for
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. 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
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the receiving attorney depending on the stage of the proceeding. If the transfer is done
prior to the first pretrial hearing, the case will not count for the departing Public Defender
and will count as one full case count for the receiving Public Defender.
16. 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.
17. COOPERATION WITH OTHER 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 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 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 Director of Public Defense has the authority to assign or designate
1St Chair and 2nd Chair counsel in any case that he/she determines is appropriate.
The Public Defender 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 seminars); periodic mandatory meetings of counsel; and
completion of certain specific tasks including, but not limited to, managing initial client
appearances in a rotation; and other such tasks and/or practice standards or requirements
as may become necessary for the proper administration of Grant County Public Defense.
18. NON -ASSIGNMENT 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 Felony Defense Panel Public Defenders may mutually agree
to make temporary, substitute appearances for each other on routine criminal 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
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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 Felony Defense Panel Public Defenders for such substitution(s) shall be a matter of
direct negotiation and agreement between Public Defender and the other Felony 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
up to a maximum of two (2) consecutive weeks leave of absence from the practice of law
during the term of this Agreement and is unable to obtain the assistance of the other Felony
Defense Panel Public Defenders during such temporary absence, the Director of Public
Defense may seek 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 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 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 affected by
such temporary substitution of legal counsel.
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.
19. OTHER APPOINTMENTS. Except for the Court appointments expressly contemplated
and provided for in this Agreement, or disclosed to and approved of by the Director of
Public Defense, the Public Defender shall not enter into any other contract or agreement
to receive appointments from any other court to perform criminal defense or criminal
prosecution services.
20. JUDICIAL SERVICE. Public Defender shall not serve 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
serve in any judicial capacity (including judge pro tem or court commissioner) in any case
in which the County is a party or in any case in which the state of Washington is a party
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and is represented by the County's Prosecuting Attorney's Office or an appointed special
deputy of such office.
21. 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 in 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
imminent 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 Termination. Either party may terminate this Agreement upon One -
Hundred and Twenty (120) 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.
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 termination. 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.
22. AUTOMATIC TERMINATION. In the event that the Juvenile Division of 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
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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 in 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 State 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.
23. 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 for any and all losses, damages, costs, charges, 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, 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.
24. 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 Five Hundred Thousand and No/100 Dollars ($500,000.00) 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
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 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
Washington insurance requirements and shall be issued by an insurance company
authorized to conduct business and issue insurance in 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
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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.
25. 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 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 the Court(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 panel -Public Defender will be an independent contractor and
not a County employee for all purposes, including, but 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 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 Public Defender is retained solely to represent indigent persons
and is not acting in any administrative capacity on behalf of the County. 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
minimum wages and/or overtime premiums. The parties further agree that the County is
not responsible for providing any 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.
26. NON-DISCRIMINATION. 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 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 RCW;
and any other applicable law or regulation prohibiting discrimination.
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27. PROFESSIONAL CONDUCT. The Public Defender shall execute this Agreement
independent of any governmental control, except as provided in this Agreement. The
Public Defender shall represent clients, preserve client confidences, and discharge 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 any applicable Court
rules.
It is understood at the making of this Agreement that the Public Defender herein is not
currently qualified concerning the representation of a death penalty case. In the event of a
felony case wherein the Prosecuting Attorney's Office files notice of its intent to seek the
death penalty, the County will take the necessary steps to provide for death penalty
qualified Counsel to serve as the lead Public Defender, outside the provisions of this
Agreement, unless same can be handled by a Felony Defense Panel Public Defender
working under the Agreement. In the event that the County is required to retain the services
of a death penalty qualified Counsel, the Public Defender will provide all necessary support
services including, without limitation, reasonable secretarial services. The Director of
Public Defense will appoint a Public Defender to sit as a second chair Public Defender,
and to provide support to the lead chair; this Public Defender shall take appropriate steps
to become death penalty qualified after gaining the requisite experience. In such event, the
Public Defender will then be a death penalty qualified Public Defender in the event of any
subsequent death penalty cases that might arise during the duration of this Agreement. The
Public Defender may then be appointed on any subsequent death penalty cases once
qualified as a death penalty Public Defender.
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.
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.
28. RECORDS AND CLIENT FILES. Records of all matters covered by this Agreement
(with the exception of client files which are not subject to the Public Records Act), shall
be established and maintained by the Public Defender in accordance with requirements set
forth in the Washington State Archives' Local Records Retention Schedule, at
www.sos.wa.g_ov. Any question as to what does or does not constitute a public record
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should be directed the County's Public Records Officer in the Commissioners' office at
(509) 754-2011 ext. 2938.
The Public Defender shall be responsible for maintaining and protecting a client's files.
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
of Public 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 County's Public Defense
Panel.
29. 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
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.
b. 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.
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 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.
d. 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
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agree to different rules 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
parry 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 his/her 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.
A-`- De w'-'b.v
SIGNED thi� day of .
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Richard Stevens, Member
Attest:
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Page 16 of 17
DOVIE SIGLE
PUBLIC DEFENDER
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J (_�
pt'rk
Dovie Sigle, WSBA A309
NOTE:
Agreement must be signed in the
Address: Sigle Law, PLLC
presence of a Notary. Notary block is
PO Box 1838
below
Ellensburg, WA 98926
Phone: (844) 962-1454
E-mail: dovie.sigle@siglelaw.com
Tax ID #: 532115528
State of Washington )
) ss.
County of Grant )
I hereby certify that I know or have
satisfactory evidence that Dovie Sigle signed this instrument and
acknowledged it to be her free and voluntary act
for the uses and purposes mentioned in the instrument.
DATED:
N
�n L
ELLEN L CARTWRIGHT
Notary Public for Washington State,
Notary Public
state of Washington
# 209539
residing. inI
My Commission expires: }
Commission
My Comm. Expires Aug 11, 2023
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