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HomeMy WebLinkAboutAgreements/Contracts - Public Defense (010)lY K20-226 2021-2022 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 ("PSA") is entered into, effective January 1, 2021 through December 31, 2022 by and between Grant County, a political subdivision of the State of Washington (hereinafter called the "County"), and Thomas Wolfstone, 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 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 Thomas Wolfstone, WSBA # 3925 (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 guilty 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 Indigency, 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 tern of this Agreement shall commence on the I st day of January, 2021 and terminate on the 31' day of December, 2022 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. 2021-2022 PSA -]V, Wolfstone, Thomas (Conflict) Page I of 16 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 with a felony or other applicable matter in 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 felony crimes or other applicable matters in Grant County Superior Court. 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 felony or other applicable matter in 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. 3. PROFESSIONAL SERVICES. Each Public Defender shall represent in a professional manner all individuals charged with felonies 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 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 2021-2022 PSA -JV, Wolfstone, Thomas (Conflict) Page 2 of 16 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 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. 4. QUALIFICATIONS. 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. Qualifications also include The Washington State Court Rules, any certifications under CrR 3.1 or as hereafter amended, and the Washington State Office of Public Defense training requirements as incorporated 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). 5. COMPENSATION. For misdemeanors, gross misdemeanors and class C felonies, Public Defender shall be paid Nine Hundred and No/100 Dollars ($900.00) per case assignment; additionally, Public Defender shall also be paid One Hundred Twenty -Five and No/100 Dollars ($150) per diem for each day or part thereof in trial. For Class A or B felonies, at the Public Defender's discretion, he/she shall be paid at a rate of: (a) either Nine Hundred and No/100 Dollars ($900.00) as a flat fee; or (b) Eighty -Five Dollars ($85.00) 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 Ephrata, 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. 2021-2022 PSA -JV, Wolfstone, Thomas (Conflict) Page 3 of 16 The 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 further 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. 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. 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 ex parte motion to the Grant County Superior Court. Motions for payment of experts shall be filed with 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. 8. ADMINISTRATIVE SUPPORT. Each Public Defender shall maintain a minimum of '/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 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 Jail when Public Defenders need access to interpreter services. No Public Defender shall use jail trustees to provide translation services under any circumstances. 10. 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. 11. CASE APPOINTMENTS & LIMITATIONS. The parties agree that this is a conflicts case agreement that will involve the assignment of conflicts cases by the Director of Public 2021-2022 PSAAV, Wolfstone, Thomas (Conflict) Page 4 of 16 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 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. Should any question arise, a court of competent jurisdiction 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 prosecution or 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 of the case. A Public Defender shall not be assigned a death penalty case unless the Public Defender meets the minimum professional qualification standards of the WSBA-Endorsed Standards and the applicable Washington Supreme Court rules. 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 Need of Services (CHINS), Truancy 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, 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 2021-2022 PSA -JV, Wolfstone, Thomas (Contlict) 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 "Three 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 in 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 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 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 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 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. 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 2021-2022 PSA -JV, Wolfstone, Thomas (Conflict) Page 6 of 16 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 of the Washington State Bar Association, in good standing (good standing is defined by the parties as current in 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 immediately notify the Court of such possibility for purposes of the Court making a re -determination as to eligibility, provided that the notification does not violate any client privilege or create an ethical violation for the Public Defender. If the Court then determines that such person is not eligible for publicly -provided representation, the appointment of Public Defender to represent such person shall be rescinded and such 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, 2021-2022 PSA -JV, Wolfstone, Thomas (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 full 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 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 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 2021-2022 PSA -JV, Wolfstone, Thomas (Contlict) 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 seminars); periodic mandatory meetings of counsel; and completion of certain specific tasks and/or practice standards or requirements as may become necessary for the proper administration of Grant County Public Defense. 19. 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 Public 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 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 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. 2021-2022 PSA -JV, Wolfstone, Thomas (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 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. 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 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. 2021-2022 PSA -JV, Wolfstone, Thomas (Conflict) Page 10 of 16 21. AUTOMATIC TERMINATION. In the event that the Grant County Superior Court or any other court of competent jurisdiction enters an order that precludes Public Defender from receiving any further Court appointments hereunder, for any reason whatsoever, this Agreement shall automatically terminate without further notice as of the date such order is entered by the Court. In the event that the Court enters such an order because of unethical or unprofessional conduct by Public Defender and/or because of Public Defender'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 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 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, 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. 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 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 2021-2022 PSA -JV, Wolfstone, Thomas (Conflict) Page I I 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 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 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. 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 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). 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 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 2021-2022 PSA -JV, Wolfstone, Thomas (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 RCW; and any other applicable law or regulation prohibiting discrimination. The County's Non -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 physical, mental or sensory handicap. 26. 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 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 the making of this Agreement that the Public Defender herein is not 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 a death penalty qualified Public Defender to serve as the lead Public Defender, outside the provisions of this Agreement, unless same can be handled by a Public 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 Public Defender, 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. 2021-2022 PSA -JV, Wolfstone, Thomas (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 in accordance with requirements prescribed by the County, the State of Washington Minimum Retention Requirements and applicable courts. 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 CONDITIONS. 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. 2021-2022 PSA -JV, Wolfstone, Thomas (Conflict) Page 14 of 16 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. c. 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 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 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. 2021-2022 PSA -JV, Wolfstone, Thomas (Conflict) Page 15 of 16 SIGNED this 'V- day of December, 2020. BOARD OF COUNTY COMMISSIONERS Uyyer'.0 NT WASHINGTON Cin ai Tom Taylor, Vice Chaill Richard Stevens, Member PUBLIC DEFENDER (S'gnature) Tho as Wolfs one Address: Thomas Wolfstone PO Box 369 Ephrata, WA 98823 Phone: (509)754-8625 E-mail: tom.wolfstone(a�yahoo.com Tax ID #: 531-46-5863 State of Washington ) ) ss. County of Grant ) I hereby certify that I know or have satisfactory evidence that Thomas Wolfstone signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. ia�g2 bb` 's0 i i Q .fib V s F- i 04 10 0 F- 2021-2022 PSA -JV, Wolfstone, Thomas (Conflict) DATED: /-> - / t d-) -\� N ary Public for Wa i gton State rest mg inL� C y. My Commission expires: jo -lo 2 Z BNMPA J WAM IWiARY POBIlC 00 MY App001TJW EXPM . 0.10.22 Page 16 of 16