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HomeMy WebLinkAboutAgreements/Contracts - Public Defense (002)K25-252 GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:Public Defense REQUEST sugMiTrEa av:Kathleen Holden CONTACT PERSON ATTENDING ROUNDTABLE: Brett Mill CONFIDENTIAL INFORMATION: DYES *NO DATE: 11/25/25 PHONE:x 4016 LW ©Agreernent / Contract ❑AP Vouchers ❑Appointment 1 Reappointment EIARPA Related ❑ Bids 1 RFPs 1 Quotes Award ❑ Bid Opening Scheduled C] Boards i Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ❑Facilities Related ❑Financial DFunds ❑Hearing El Invoices / Purchase Orders ❑Grants — Fed/State/County DI -eases ❑MOA 1 MOU D Minutes ❑ Ordinances ❑ Out of State Travel Cl Petty Cash El Policies ❑Proclamations ❑ Request for Purchase ❑ Resolution ❑Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. []Tax Levies ❑Thank You's []Tax Title Property EIWSLCB Professional ServiCe Agreement renewal with Jeffrey SCOft N iesen. Renewal for a two year agreement, $8,750.00/month to be available for 70% caseload in Superior Court . Considered and part of the 2026 Budget If necessary, was this document reviewed by accounting? El YES ❑ NO 9 N/A If necessary, was this document reviewed by legal? ❑I YES n NO © NIA DATE OF ACTION: IDS 'a• �s � DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D I . KbS D 2: ,..� D3. WITHDRAWN: RECEIVED 4123/24 t�lo� 2 5 2025 GRANT COU-Nn COMMISSIONERS PROFESSIONAL, SERVK.'.1r1.,S ACr'REEMENT FOR. LEGAL REPRriSENTATION OF INDIGENT INDIVIDUALS This Professional Services Agreerriont ("TSA") is entered into by and between Grant County, Washington (hi�rcinaf ter "County"), and Jeffrey ScottNiesen, SBA #338SO (hereinafter "Public Defender"), an attorney fully licensed to practice law in the State of Washingtoll. 1. DEFINITIONS, For the purposes of this Agreement, the -following definitions shall apply: Public defense system: Any system or pro rare. under whicli Grant Countypro-vides, has provided, or is obligated to provide for the legal services to indigent persons q�ialifyi-ng for counsel at public expanse in Grant County Catli.ts. Public defender: Any attorney hired or contracted by (3rant County to represent indigent persons qualifying far counsel at public expense in Grant County Courts. Standards for Indigent Defense: The most current standards adopted by the Wasbington Staw Supreme Cout-t as required by ap.plicable court rulesorOrders ofthe Court (incorporated herein by refer once). Director of Public Defense (Director): The supervising attorney hired by Gr-cint Courity to oversee delivery of public defetiscservices and administer the public defense Policies: Written policies developed by the Grant County Dc�partnient of Public -Defe.n.se, or the policies of Grant County generally. Good standing: Menibcrship status witli the Washington State Bar Association in which the Pubtic Defe.ndor: (a) is oturent on bar dues; (b) has satisfied continuing legal, ed-Lication requirements; and (c) has no b-ar corn -plaints resolved adverseIy, 2. C'ON'TR.ACT DURATION, Commencenient Date; .January 1, 2026 Terininatiou Date: Deceniber 3 1 � 2027 No notice. is required -to terniinate this agreement at the end of the term. The Parties agree they Nave the option to renew fbi- an additional term, subject to n-nitual agreement on oorapensration rates. 'flae co-L111ty's designated representative atid Public Del."under agroe to nicet no later than October I of the terniinating year to discuss possible conti-art renowal, 3. COMPENSATION. Thy; 1)ublic Defender sbal-I be paid a base annual fee payable in twelve (12) rnonthly installments. 0 Base annual fee: One Hundrod Five'Fhouswid Dollars ($105,000,00) 0 Monthly installments: E'ght Thousand, Seven Hundred and Fifty Dollars ($8,750.00) 0 Trial per dicin: Four Hu.n.dred Fifty Dollars ($45 }.o0) for each (hay OTportion thereof in actual trial. Cornpciasation is to be prorated if starting or ending on any (late other than a -full month or year. 2026-2027 PSA-S(.10, Jeffrey Scott N ioser, Page I of 1.5 4. CASELOAD STANDARDS AND C.'APACITY REQUIREMENTS. rho., Public Defender agrees to raccept appointments up to the nmximuin caseload specified in this Agreement, riot to exceed Seventy Percent (70%) of the maximum caseload per contract year, iii accordance with the most currem Washitigtoii State Supreme CourtStandards for Indigent Defense or any order of that co -art. The maximum caselmad will ire prorated. if any ye,-u: is less than full year. If the Publk.Defemder refuses or is unabic to handle, the full, caseload, the Co-mity may terminate this Agreemeiit pursuam to tormMation provisims contained hereiii. Cal),ricity Representations and Warranties The Public Defender represents, warrants, and covenants that: r I 11hrou 'R ho-Lit the entire Agreemem tarrn, the Public Defenclet, shall. maintain adequate thale within their persmal andprofessional sohedules that they shall not unreasonably interfere with tho -ability to timely perform required services, including but not limited to: 1.) Prepanation formuid attendance at regularly scheduled trials and emirt 6ockets, 2) Sclied.-Liling and conductilig face-to-face mectings with clients, 3) Discmsshig viable &-,fense strategies aiid cm,- resolutions with chelits, E111d; 4) Keeping clients reasonably apprised of case status. The P-Liblic DefeiidQr sh.a.l.l. 'inaintain adeqmate office support staff, resources, and equipment necessary For compeumt represciitaion. Public de-rejider w i 1.1 complete and fitle any necessary pl.ead ings and docum(,mits required to accept assignments put"suemit to any applicable rules (Currently the reqLiiremellt to cutil Y quarterly) Standards for Indigent Defense The parties agree that: 0 The Washington. State Supreme Court Standar(ls of Public Dofelase shall be the con -trolling factor regarding qualifications -md case assigiimemts. 0 The Ell j parties shall 'bide by all applicable Grant County Ordinances aild State Statutes governing.public defense service delivery, 0 Assigtime rats shall comply with ttic provisions and staiidardf.,; of this Agree=nt. 5. PRI.*MA.RY Rf"XIIESENTATION DUTIES* The Publl'c.Defender- shall. provide com.prehemsive crin-iinal defense and civil repremitation to all Indigent individuals for whom they are, appo-hited by tho Co-urt or assigned by the Director oi"Public Defense. Represcutation mays include, but is not finifted to: Initial Cmirt Appearances: First appearances, and bail/release determination hearings. 0 Pre-,rrial Proceedings- Arraignments, pre --trial. conferences, and all tare -trial motiorls. 0 Trial Services- Prop aratioti. for and participation hi all jar ryandbench trials. 0 Post -Trial Matters: Sentencing hearings, host -trial rnotions, and restitution bearings. 2026-2027 PSA.-SC, Jeffrey Scott Niesen Rage 2 Of 1.5 0 Appeals, Preparation wid-filing of all appcIlatepleadings; ropresei-itation of -appellants until appe,11rate counsel is appointed, 0 Specialized Proceedings: Probation contcmpt proccedings, extraordinary motions. Client Coinmunication and O.Mice Requirements 0 The Public Defonder shall n-iaintain a dedicated telephone line accessible to RII clients, including those held in-c-Listody. 0 The Public Defender shall be available for reasonable in -person consultations with Clients. 0 The Public Defiender shall ensure dinely con-in-1-unic.-ation regarding case stattis. 0 "I"he Piklic Defender shall maintain a ixiesstage system for after-hours client conimunications. 0 The, Public De -render shall maintain independent of -rice facilities at their own expense, 11 0 Public Defendershal] -manitain a mininnim o-fo-De-quarter (1/4) time secretarial and/or paralegal support, unless the Director ofPublio De-fe-nse deteniiines in writing that such support is not required. -for a given Public Defender. 0 Tavel to/frorn the worksite (Ep.hrata.,'WA) is the responsibility of thc,- Public D6e.ridor wid is not compensatad. The Public DQfendcr is solely responsible -roi- all office opera -Ling costs, including but riot l irn i ted to rent, toteco-tiL-1-i-iiiiii'leat-ioiis P copying, EaQsimi le services, support, and al I associated equipment and administraUve expense's The. County shall not provide financial support, equipnwnt, traintag, administrative costs,, or research tools unless q - -L citing by li ) -ector of specifically a Ahorized in wi the 1 1*1 Public Defense Client Availability and Consultations The Publi c Defender sfi.a'fl: 0 Be avail.abte -for reasomable consultations with. clien.ts, 0 Maintain regular cuntact with clients, both iii custody and otit-of-custody. 0 Respond to client inq-airies -cuid concerns in a tiniely manner, a Cooperate with the Director of Public, Do-fense in. monitoring clicjit contacts and onsuring adeqaate chent contact , -and co-i-nmunleation. E'ssenflal Job 'Functions The essential fUnctions of this position include, but aTe not limited to: a Re(adin& writtag, and rosearch necossary to prepare and file all required court p I ead i n gs, 0 Daily court attendanci-, as nceded or req * uired. Client metings in correctional. faciffities and. private offij.ce settings 0 1 ravel as necessary to attcnd hecarings, cunduct witness -hiterviews, aiid prepare for trial. e Trial attendance and trial management responsibilities. I- 0 Conipliance with all caseload Ernits and.p.rofnsional standards. 2026-2027 IISA.-SC, Jeffrey Scott Niesen Page 3 of 15 Prohibited Conduct The Public Defender shall not,. * Perfiorni any aot proscribed by the Rules of Professional Conduct. * Neglect --cmy duty required by professional conduct rules or ethics opinions. * Engage 61 conduct deemed hi-iproper or unethical under Washington State Bar Association standards. * Solicit or acc opt conipensation from (Bents appointed under this Agreement (nor shall support staff). 6. CASE APPOINTMENTS AND LIMITATIONS App ol.n tm eii t The, Dirwor of Public De -tense shall distribute the cases to the. Public .Defender at the, Director's discretio-n. 1-"Acep( for genuine coifflicts of interest, the, P-Liblic IX,,feiider will acceptall eases assigned up to thenlaxii-ri-tim tiuniber of cases provided in. this agreemont, riot to exceed Seventy Percent (70%) of a maximum caseload.. Mandatory Case Acceptance Durkig the Agreement terni, the Public Defender shall accept Court appointii-tents to represent eligible, indigent individnals regardless of--. Race, color, or national. origin Age or marital sLitus SeXual orie.11tratio-11 or gelider identity Disability or han,dicrap Political. or religious affiliation Exceptloji: '"flie Public Defend. er is not required to accept an rcippointnie.nt that creates a b o n a fi d e . actual legal, etfi i cral, or profession] co n -n i a of interest. Venue Transfei- If a change of venue is gi-anted for a client the Public Defender represents Under this Agreemcnt, Cho 1)-ublic Def'endcr shall continue representation in the traiisferred venue until the case is transferred to approp-riate, p-ubtic do-fense counsel in that county (if trza-isfer is deter n-iined to bo appropriate), 7. ('-'.0NF1f1(`.TS OF LlffERE&r Public DeBender shall: 0 linplonient and inaintain a conflicts -cheep system-i and procedure for inon.1toring potential con-flias of interest. 0 Proraptly screen each case appointi-lient for con flicts. 0 I.m.tuediately notify the Diroctor of'.Public Defoaso in writing if a con.flict is -Found. The 1106-fication Shall '111clude., 1) A description of the actual or potentia-1 conflict, 2) Specific reasons for the conflict deterininatiort, and; 3) Requcst a substitute counsel assignment. 2026-2027 PSA-SC., Jeffrey Scott Niesen Page 4 of 1.5 The Director of Pu'blic Defense: Will make a final determination as to whether an acm-al. Conflict exists. * May sock review from the appropriate Washitigton State Ru Association ethics department if disagreernent parsists. * May seck resolution frorn any court of conij)utent Jurisdiction or the court with jurisdiction on. the assigned case.. 8. TRATNINGQUALIFICATIONS AND PROFIE',SSIONAL STANDARDS. Qualification Requirejuents All Public Defondei,s contracted wider this Agreement niust: 0 Maintain nienibership in good standing with the Washington State Bar Association, 0 Be fainfliar witli an(] shrive to core-iply witli the Washington State Bar Association Perforniance (I'llidetines for Criminal Defense Representation. 0 Complete all training required by the Wasti.ington. Suate Office of Public Defense, Maintain professional competency rand. ethical cDnduct Consistent With the Rules Of Professional Conduct of the Supreme Court of Washington. Continuing Legiil Education 1 -1 -',acli Public, Defender shall annually conipletea. n-linini-Lim of seven (7) hours of approved training ffi.rough approved providers, Annual certification of completion shall be submitted. It by the Public Do-Fander to the (".oianty in. a Morin that enables the CoUlIty to comply with reporting reqwrenients under R('.W 10. 101.050, Professional Conduct The Public Defender shal I: 0 Perform this Agree-n-ient inclopendently, subject only to the s-upervisory authority cif the Ditector of Public Defense and the Court. 0 Preserve client confid.eritiality and privilege. 0 Coni nal Colidtict applicable to attorneys ficenscd in ply with all Rules of Professio Washington State. # Maintain independent professionai judginont regarding case Strategy and client representation. I a Con-iply withztll applicable coLtrt rules and statutes. No acts tray be perforrm--A, nor duties nceglccted., that violate the Rules of Professional Conduct, applica'ble case law, or opinions of the Washington State Bar Association. 9. COOPERA r nON WITH PUBLICO'DEFENSE ADMINISTRATION The Director of 116fic Defense shall: Assign caseappointnaents. Serve as spokesperson for Publie Defenders and as flaison. with the courts, the 11'1`osocutor's Of ice, and the Board of County Cornniissioners, Havc,aLiffiority to designate I" and 2`1 chair c-.ounsel. in appropriate cases. 2026-2027 PSA-SC, JQffrey Scott Niesen I'age 5 of 15 Have authority to make deternii-natio-118 regarding caso load nian-agerrient and q fifications. iia. Ilaveauthority to ovorsee all aspects of Onant County'spublic defense delivery systelli. Public, Defender Agrees to: 0 Cooperate, futly with the Director of Public Defense assigtunmt I)roceduros. a Acknowledge and accept the full authority of the Director of Pubtic Dotbilse. ® Consent to confid ontkal file review by the Director of Public, D ' efelise, provided such review does not waive attorney -client privilegc or crea(o conflicts of interest, 0 Jf privilege concerns exist, pert -nit another designated attorney to review the file and repm-t findings to the Director, Public, Defender also agrees to comply with; a Caseload Iii-nitations specified in this Agreo-ment 0 M-andatory traiiiing requit-enioiits, including Grant Co-unty Public Defense continuing leg -al education se-mimars. 0 Mandatory attendance at perio(Ijo, nieeti.i.-Igs C)f pamd cou.n.sel. 0 Coni Ietion of I igne p assigned docket rotation duties and other ass' d tasks. Any additio-tial practice stan.clards or requirements de.emed necessary for proper adii-iinistration of Grant County Public Defense. 10. REPO TI:i (x REQUIREMENTS Monthly Case Report: TI-ic Public Deferider sbaff submit a written monthly case assignnaent report to thr, Director cifPublic; Defense detailing: * Defendant name, 0 Caw number, 0 Case type, and 0 Oase equivalency value. Due DatQ: l'i-Fth (5th) calenclar day of each month for assigni-nents made during t1le p re c e ding rn O*.n th Atternative- Proceduye: If the monthly report is not provided, the public defender agrees with the report as n-rainuaini,d by the Director of Pub.tic Defense. Private Practice, Offier Asstigni-rents, and Pi-o Bouo Reporting: Each Public Defcn(lei- shall report annually: Hours billed for non --;public defense legal services. Pro bono case, hours and descriptions. Private practice case hours, nurnber, and types. Fain,iat and Due Date: As specified 'by the County to enable can-,ip'fian.ce with RCW 1.0-1.01-050. 2026-2027 PSA-SC, Jeffrey Scott Niesen Page 6 of 15 11. (__!ASE EQUIVALENTS. For purposes of calciflating -the Public Defender's molithly and ate ival caseload, tile followhig case equivalency vzilues shalt apply unless cmd/or until the Wasbington State Suprerae Couxt promulgates rales pertaining to case equivalency (in which eve-nt, WSSC rules shall control): Type, of Case. I C-ase equivalent i Material wiwess . 1/3 case equivaleiit Probation violation 1/3 case cquivalent Probation Violation Calendar I case equivalei-it SuPport enforcemeiit dooket 112. case equivalent Comempt 0.5 case equivaimt First or second-degree murdei 2 case oquivalents E traordiii ar rases I case equ'valent for oach 1.5 hours spent on case U in -trial laottrs All feloiiy cases not enumerated above inot. Blake vacatimis and resentencing. _(2xc1-udiq I case equivaleiit Extraordina14ry ase Credits: The Public Defender shall comply Frith published policies of Grant CoutityDepartmoa of Public Dofense regarding extraordin-ary case credits, Modifications to case equi-valcticy valuos are withiii dies sole discretion of the Director of Public Defense. Docket an Periodic Assignments: The Public Defender shall hajidle periodic criminal dockets and other routine assignt-rents as desigriaced by the Director, and such assignments sh,al.l be credited according to applicable policy and at the, disefetion of the Nrector of S Public Det'cllse. Non -Counting Apj) olhitmen ts: 0 Early Withdr-awal: Appointments wheYe the Public Defender withdraws prior to the munibus liQaring (or equivalent prefimi.riary p.rocecding) shall not count as any case eq-Jvalent a Retained Counsel Substitutiow If a clieLit retahis private coullsel or receives Substitute panel counsel art or Worc the omnibus bearing, trial setting, or pre-trial hearing, the case shall not count for the originally assigned Public Defender 0 72-1.1our Holds wilb No Filing.- Appointments involvitig a 72-hour custodial hold where the Prosecutitig Attorney does not file ebarges shall not co-mit 0 Coiitirm-hig Rep rmiitraimi: Subsequemt appo-hitmems for the same cfie.-m mi the same matter shall not count as additioncral case equivalents if representatioii is migoing from a prior appointmeiit 14 2026-2,027 PSA-SC., Jeffi-ey Scott Niesen Page 7 of 15 Conflid Reassi gnm c tits: When a conflict of ititemst requires reeassigm-nent among Felony Defense Panel menibers, the reassignnient counts only once and. i's credited to the receiving attorney unl�ss the Director determines otherwise. Refereme Date: Tbe date of case appointment {riot final disposition) deterniiiies the inontli in whicti the case counts towrard caseload Director's Discrqtioti.: The Direotor of Public Defense retains discretion. to assigi.i appropriate credit for cases within dePartmenur:il policy wid Agreenieiit provisions Stwadards Applied: nie, Director shall reference standards ordered by the Washington State Supreine Court, Sr 12, INVE rIGATORS, EXPERT WITNESSES AND INTER11RETERS Investigator Services. Grant Coutity shall provide qualified havostigators to assist the Public Defender at no cost. The Public Defender shall: 0 Use -Investigators provided by tlic County as reasonably necessary. 0 Reqw-,stsubstiww- Investigators only with specific CaLithorization from the Director of public Defeme. 0 Coniply witli all Grant Coutity Department of Public Defense policies goveriiing invcstigator assignment and utilization Expert'' itness Services Grant Courayshall fund reasonable conipemation for Expcrt Witnesses necessary for case investigation, preparation, and trial, at no cost to the, Public Defender. The Public Defender shal 1: 0 Obtain Court rq)proval via appropriate motion be -Fore engaging expert services, a Retain experts of their clioosing, subject to Co-Litt-ii-i-lposed.limitatioiis, o Redact sensifive billing entries (other than hours and. rate) from expert invoices Prior to County subn-iission for payment, a Ensure invoices incItide case nuniber, defendant naime, and provider tax ITS. Interpreter Set -vices Grat-it County shall provide reasonable access to cortified or other approprizateand available inWrprders for the Public Defender's use. fiiiet-preters sliall, at i,Qasonzable dines, be inade available at: 0 G-TrantClountykall 0 Grant County Court facilities 0 Other locations as appropriate Ewd reasonable 1-3. ASSIGNEMEN r r, Mi,,Ll C'GA,ri ON AND T U MPORARY SUB TITUTION Assignment and Delegation Restrictions Excopt,-as speciflicatly provided. in ffil's Agreeinei-it, the Public Ddender shal I: 2026-2027.PSA-SC, Jeffrey Scott Niesen Page 8 of 15 e Not assign, subcontract owl or otherwise delegate any rights, responsibilities, or obligations unless appi.ove(I by the Director of Public Defense. 0 Not allow any other person -to perform services required by this Agreement unless approved by the Director of Public Defense.. 0 Retain personal responsibility ,for all contracted scrvict)s. Temparary Substitutions - Routine Matters Subject to Director of Public Defense approval, the Public Defender may arrange temporary substitutions with other panel Public Defendcrs for: 0 Routine criniinal dockrt matters. 0 Routine court hearings. & Situations wliere. the Public Defender is rictually and unavoidably unavzifl.able. Reel uirenaen.ts ExPross authorization on Court rcoord.. xim-ess autliorization fiom affected cllfient(s). TI-iere will be no compensation frow Co-Lu-ity for substitute couriset. Compe.usation between. counsel is a private ii-latter, Temporary Substitutions - Exte-nded Leave If the Public Defender requires up to two (2) consecutive weeks (or more in an. ernergency or because of d1ness) of leave and cannot obtain assistance Rum panel colleagues, the Director rnay authorize a qualified substit-ute attorney, subject to the foll'oWing reqti-irements: Express authorization ftom,-cvrfexted clielit(s). Substi-tute coutisel iTwst mahitain insuranGe coverage requimd fiel-ein, Conipensation botween counsel is a private matter, no C_,o'unty compensation to substitute, '14. Orfl-IFill COURT APPOIN rj,, MENTS AND PRACTICE Public Defender is able to engage, in t1ic practice of law -md acccpt other appointments as long as Public Defender is able to certify as rcquired. by the court rules and perform each pro -vision of t1lis cigreoriiQnt. IS. JIMM".3A.I., SERVICE RESTRIC"I"IONS 1'0 preserve the ability to perform this agMeM011t WithOL11 r1sk of conflict, Public Defen&'r s.hall not serve iii miyjudiciat czqacity (inctuding judge pro tens or ootirt commissioller) in: 0 Any court -within Grant (.'.ou.nty for criminal, juvenlea or infraction inatters. 0 Aiiy case in which Grant (',ounty is a party. Any case in.-whicli the State of Was*hington is a party and represented by the County Prosecuting Attorn ey's Office or appointod special. deputy. There is no restriction in serving in such capacity in othi-,r courts, subject to availability a-nd the strict adherence to the agreement horein. 2026-2027 PSA-SC, Jeffrey Scott Niesen Page 9 of 1.5 16. INDEPENDENT C'ONTRACTOR RELATIONSHIP The parties acknowledge and agree - • The Public Defender is not an employee of Grant County • The Public Defender is ati independent contrac.-tor for all purposes, including; 1) Fair Labor Standards Act (miniinum wage and overtinic). 2) Federal Insurance Contribution Act (FICA), 3) Social Security Act provisions. 4) Federal Unemployrnent Tax Act provisions, 5) Internal Reventic Cade provisions. 6) Washington Inclustrial Insurance Act (RCC 'title 51). 7) Washingtori wage and hour haws. 8) Washi-ngton Riiiployment Security Act (RCW Title*50). 9) Washington State Departim,-nt of Refirciaient Services. 10) Any other purpose. 0 Except as s.peci-Fied in this Agreenient, the CoLinty shall have, no audiority or duty to colitrol Or supervise perforniance of the Public De -fender's duties, 6 Such control and supervisory authority reside with the Court(s) -wid Washington State Bar Asso6ation. No joint wilployment relationship exists between the Pubtic De,&jaderand County. The County shall mt be liable for obligicltiOIAS ill=Ted by the Public Defender, No Financial, Support: 'I"'he County is not rcsponsi.b1i(--,% for providing financial or other, stipport for equipment, training, adii-d.nist-rative costs, or researcb tools wiless spcefflically authorized by the Director of Rublic Defense, Sole Discretion-, Tti.c Public Defender retains sole and absolute discretion regardiuy Jud meet, ma.n.ner, and ineans o-rproviding legal representation, subject to: 0 Director o-rPublic; Defense's right to supervise and assign. a Court authority over nriatters. 0 Tfie Coutity's and 'Public Def-bndcrs oblig-ation to provide the of rective assistance of cou-n-sel as con-stittition.ally required, Indewndence of Professional Judgment Nottiftig in fli..is Agreement spat I.- Impair or inhibit the exercise of independent professional judgment reguding Client representation. * Require the Public Defendor to perform. acts violating attomcy's otbios staiidai-ds. * Prevent the Publi.c., Defender from i.naii-itciin.ingcittorney-(,,Iicllt privitegc. 17, ICE CORDS AND C1 41ENT FILES The lliiblic Dcfendei- shall: .Maintain client -files subject to attorney -client privilege and not subjeot to public records disclosure. Maintain anti 1)r-otee t client files with ap propriate coi denfiality. Rotain and/or release client files in accordance with ethical and legal requiretne tits, 2026-2027 PSG. -SC, Jet"Frey Scott Niesen Page 10 of IS Return client files to the, Director of Public Do-rense (or to an appropriate 8-acceed-Inn attorney) at no oxpense to the. County when files must be transferrod to another at ttortley. Preserve and rnaintain records that niaybc subject to public disclosure consistent with appropriate stcriftAes and law, Direct -records questions to the (.ounty Public Records Officer: (509) 754-2011 Qxt. 2938. 18. TERMINATION Involuntary Termination The County may in-inaMiately terininatc, this Agreeixient for c-ause ifthe Director of Public, Defense deterinines, that: The Public Defender is not providing adequate legal services, or a The Public Defender is in rnraterkal non-compliance with Agreernant terms, or 0 Any court of competent jutisdiction enters, cm order precluding the Public Defender from receiving Court appointments fior airy reason, or o Tho Public; .D efeD der's license to practice law is revoked, limited, restricted, susponded, or restricted in -any way, mchiding any recon-unendration of disbarn-ient or suspension by the WSBA. Process Upon Termination: 0 The Director inicy require certain pending cases be assigned to other Public Defenders 0 the Public Defender sliall id-entify pencling cases with special circumstan(.%,es within th.rce (3) days of notice, including: 1) "finininent trial schodifles 2) Complex or lengthy titigation 3) Special client circum.stancos 4) Officr ofient/crcisee-based i-literests requiring continued repriesetitatioii. The Public Defender remains responsible for completion of non -reassigned cases, Voluntary Termination Notion: Either party may terminate this Agreement upon one hundred twenty (120) days, advance wi-ittm notice for any reason. 1�",arly Termination: The parties may niutually agree in writhag to an eartier effective terni.-ination date. If the effective terai.imation date, falls on -:my date other than the final day of mi-iontli, the Nib[ic Defender shal I receive pro-rata compensation based on days worked, Post -Termination Completion Thellublicl)Qfendcr's obligations to provide representation inclmlo the obligation to timely and fufly (,-onipletc all cases or matters covered by this Agreement, This obligation includes: & Representation of Oients appointed durfiig the Agrecnioiit tel-111, a Completion of.pond-ing cases eveii if tho Agreement terminates. 0 gases shall not be, withdrawn or trans-f6rred uiiless,,ci-Litliorized/dii-ectrd by the Director of Public Defense. 2026-2027 PSA-SC} Jeffrey Scott NiQsen Page 11 of -No additional compffmation beyond Agreement terms for post -termination case completion. Con-1pensation for extraordinary eases, trials, and other expressly authorized items shall comimic to apply to cases assigned dmiiig tho Agreement tot but fiiiished after termination. The Director of Public Defense shall have authority, for good causc and iii their sole, discrotion to transfer one or more pendiiig cases after termination of this agreement. 19, INDEMNIFICATION AND 1101M HARMLESS The Public Defender hereby agrees to and shall fully indem-nify and hold hai-mless the Cot and all its officers, eii-.t mages, costs, eharges, ployces, and agents f . -rom any and all tosses, dal claims, dernaiids, suits, Or actions (of any nature) directly or indirectly arising from or caused by the Public De.fencler's (or any persm acting for or on behall'of the Public Defcnder): 0 Acts, defaufts, errors,,,cind/or omissions, or * Porformance of legal services under this Agreei.i-imit. Defense Obligation In the event any suit or legal proceeding is brought against the (101111ty, its Officers, employees' or agents -relating to the Public Defoiidcr's conduct or sei'vicOls, the Public Del -,ender shall- * Assume the full defense of such action * Pay all costs, charges, attorneys' tees, -aud other expenses 0 Pay any ati.d. all. judgniet-Us or awards entered against -the County or its representatives Surviving Provision The indemnificatimand hold hamless provisionsshall survive terminatimi of this Agreeni.ent i n defli n i tel y. 20. PROFESSTONAL LIABI.I.JTY INSTJRAN(-.',E Insurance Requi rem e tits Th.rougliout -the entire Agreement tei,tin mid any extended period during which the Public Defendi,r petforras servim, the, Public Defender shall: Obtain and con-timmusly maintain a profossional liability insurance policy, Minijaiun-i Covercage.: $1,000,000.00 per ctafiai / $2,000,000.00 aggregate per policy term. Additional fiistired: Coverage sliall. -nan-iQ all other Public De-feilders acting on behalf of this P-Liblic Defender, Coverage Scope: Errors and omissions in performmice of legal services under ffiis Agreement. Canoellation Notice: 111SU11111CO Company shall pi-ovide County with no less than thirty (30) days' prior written notice if policy is cancelled or materially altered.. Issuer- lnsurancc company atahorized to conduct business in Washington State, Policy Verification The Pubfir, Defi.ander shall: Provide proof cif insurance within fifteen (1;5) days of Agreemeiit signature, 2026-2027 PSA.-SC, Jeffrey Scott Niesell Page 12 of 15 0 Provide annual renewal proof on or before, policy expiratio-n date, a Maintain continuous coverage throughout the Agree-niont terns. 210 NON-DISCRIMINATION The Public Defeti-der and all officers, employees, and ageats shall coinply with: 0 Title V1 and V11 of the Civil. Rights Act of 1.964 (as amended 1972). -4 0 ExccutivQ Orders: .1. 1246 (as amended by 11. 375). 0 AgeDisci-irninatioll In F'.-1 1-nployrnent Act of .1967. 0 Washington State Laws Against Discritnination: RCW Chaptcr 49,06. 0 All othQr applicable non-discrinii-nation statutcs andregulations. 22. GENERAI.. CO'N"rRACT PROVISIONS Integrated Agreement Tbis Agreement represelAs the complete and entire agrcement between the pa.rt1eS and supersedes: 0 All prio.r agreements, contracts_,, find i tidorstan.dings (written or oral). 0 All verbal cigi-c,,elilcnts,cotivet,srcitioiis,oi-writings wi-t]iCotiiity . officers or officials. 0 Any previous agreenientbetweeii flieparties, No verbal agreements are binding on the Ca -Linty whether conamun.icated by the Director of Public Defense or otherwise. and Remedies Not Waived No waiver of breach sliall occur when: 0 The County makes payiTient while a breach oxists. a 'rbe Public Defender accepts payrnent while in breacli. 0 Such payinent shad not inipair airy patty's rights or reniedies regarding die. breach. Severabifity If any term, covenant, condition., or 1)rovision is held invalid or unefforceable by -Cl cow-t of cornpetentjurisdiction: 0 The remainder of the Agreernent shall reinain in full -force and effect, and a The re-naaini.ng terns shall continue to confo.rm to applicable haw, Modification and Amendment No modification, amendment, or alteration of this Agreement shall be valid unless executed with the sarne fortna-lity as this Agmetnent and signed by authorized representatives of both parties, Parties inay request rnodifileation should un-for(,-seeii and niaterial changes ill circunistances arise. Non -Ass! go ability The Public Dofender niay riot assign 691-its or ob.11gations under this Agreement to a third party. 2026-2027 PSA-SC'.JCffreY Scott Niesen Page 1.3 of 13 No Waiver of Strict Perform qu ee- No fi:tilure by either party to Insist on strict performance of Ag.reei-nent tennis shall Constitute: • A waiver of such tern, or • An abcindotlment of this Agr eenl(,-tlt. SIGNED this � _�._. clay of December, 2025. BOARD OF C'POUNTY C.'OMMISS1ONERS GRANT COUNTY, WASHINGTON Rob j ..ai� C indy Carte Vice Chair 1 Kevin Burgc;ss, ...ember 2026-2027 PS,A-SC, Jeffrey Scott Niesen 'age 14 of 15 ............ NOTF': Ann�ement 111USL lie signed ill die presence nkri Notary. oLary block is ............... .............. ---------- State ofWaslihivrton County of Grant Jeff*re'y Scott Niesen 111-IJKLIC DEFENDE'R Jeffrey . cott'I'losen., WSBA 11338�5)0 Address: 1.4.1, 1.'W 11inchill Rd Spokane, WA 99'2418-2.945 Phone: kffi-ey Scott E-mail: _* isniesen I Ce..- yahoo.com Ta.x .11) It I her6y certify tlizitj know or have slItIst-1ictory L-vidence tlizit.feffl-cy Scott Nip: ell Signed. t.11is instrullient faild ackiiowledged it to be his rice �tnd volunt,,wy act FOr the uses and pw'poses, mentioned ill IIIC' itISU'Llmont. Public State of Washington Chris Ward Commission No. 26019939 Corr mi a sl on Expires 04-27-2029 N o tary I u 1) 1 i c- 1`6 r Was i i n il to n S tzi te, residing i1i Gi-anL County. ivtv C0111-111issiol s: 1 CX F) I Ve 0 26-2027 PS.A-SC., Jeffrey Scott Niesen - _2 � ;_ � w Page 1.05 of 15