HomeMy WebLinkAboutAgreements/Contracts - Public DefenseGRANT 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 SUBMITTED BY:Brett Hill
CONTACT PERSON ATTENDING ROUNDTABLE: Brett Hill
CONFIDENTIAL INFORMATION: DYES ®NO
DATE: 7/1/26
PHONE: X: 4009
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DAgreement / Contract
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SUGGESTED; RDW�=�RGEND,� �f �:�� T`�,Approval of Professional Services Agreement with Karla Kane for public
defense attorney services on an hourly rate. The purpose is to take cases of
one defendant because each current panel attorney who is qualified has a
conflict of interest.
If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A
If necessary, was this document reviewed by legal? ❑ YES ❑ NO 0 N/A
DATE OF ACTION: '1 7 24
APPROVE: DENIED ABSTAIN
D 1: K - 9,
D2:
D3:
DEFERRED OR CONTINUED TO:
WITHDRAWN:
4/23/24
PROFESSIONAL SERVICES AGREEMENT
FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS
This Professional Services Agreement ("PSA") is entered into by and between Grant
County, Washington (hereinafter "County"), and Karla Kane, WSBA #31930 of Kane Law PLLC
(hereinafter "Public Defender"), an attorney fully licensed to practice law in the State of
Washington.
I. DEFINITIONS. For the purposes of this Agreement, the following definitions shall
apply:
• Public defense system: Any system or program under which Grant County provides,
has provided, or is obligated to provide for the legal services to indigent persons
qualifying for counsel at public expense in Grant County Courts.
• Public defender: Any attorney hired or contracted by Grant County to represent
indigent persons qualifying for counsel at public expense in Grant County Courts.
• Standards for Indigent Defense: The most current standards adopted by the
Washington State Supreme Court as required by applicable court rules or Orders of the
Court (incorporated herein by reference).
• Director of Public Defense (Director): The supervising attorney hired by Grant
County to oversee delivery of public defense services and administer the public defense
system.
• Policies: Written policies developed by the Grant County Department of Public
Defense, or the policies of Grant County generally.
• Good standing: Membership status with the Washington State Bar Association in
which the Public Defender: (a) is current on bar dues; (b) has satisfied continuing legal
education requirements; and (c) has no bar complaints resolved adversely.
2. CONTRACT DURATION.
Commencement Date: January 1, 2026
Termination Date: December 31, 2028
No notice is required to terminate this agreement at the end of the term. The Parties agree
they have the option to renew for an additional term, subject to mutual agreement on
compensation rates.
The County's designated representative and Public Defender agree to meet no later than
October I of the terminating year to discuss possible contract renewal.
3. COMPENSATION. The Public Defender shall be paid One Hundred Fifty Dollars
($150.00) per hour for conflict cases assigned herein —Namely the current open cases of
Melquiades Manuel Benevidez, Case #s 26-8-00041-13 and 26-1-00071-13 and any
subsequent cases that by mutual agreement are assigned to the Public Defender.
• Public Defender shall make a reasonable effort to bill the county monthly. Such billing
will be in the standard attorney billing format of 1/10 hour format. The billing should
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only list general work done so as not to disclose any information that may be
confidential or harmful to the client.
4. CASELOAD STANDARDS AND CAPACITY REQUIREMENTS.
Capacity representations and warranties
The Public Defender represents, warrants, and covenants that:
• Throughout the Agreement the Public Defender will maintain a personal and
professional schedule that will not unreasonably interfere with the ability to timely
perform required services, including but not limited to:
1) Preparation for and attendance at regularly scheduled trials and court dockets,
2) Scheduling and conducting face-to-face meetings with clients,
3) Discussing viable defense strategies and case resolutions with clients, and;
4) Keeping clients reasonably apprised of case status.
• The Public Defender shall maintain adequate office support staff, resources, and
equipment necessary for competent representation.
• Public defender will complete and file any necessary pleadings and documents required
to accept assignments pursuant to any applicable rules.
Standards for Indigent Defense
The parties agree that:
• The Washington State Supreme Court Standards of Public Defense shall be the
controlling factor regarding qualifications and case assignments.
• The parties shall abide by all applicable Grant County Ordinances and State Statutes
governing public defense service delivery.
• Assignments shall comply with the provisions and standards of this Agreement.
5. PRIMARY REPRESENTATION DUTIES. The Public Defender shall provide
comprehensive criminal defense for the cases to which Public Defender is assigned.
Representation may include, but is not limited to:
• Pre -Trial Proceedings: Arraignments pre-trial conference, and all pre-trial motions.
i Trial Services: Preparation for and participation in all jury and bench trials.
• Post -Trial Matters: Sentencing hearings, post -trial motions, and restitution hearings.
• Appeals: Preparation and filing of all appellate pleadings; representation of appellants
until appellate counsel is appointed.
Client Communication and Office Requirements
• The Public Defender shall maintain a dedicated telephone line accessible to all clients,
including those held in -custody.
• The Public Defender shall be available for reasonable in -person consultations with
clients.
• The Public Defender shall ensure timely communication regarding case status.
• The Public Defender shall maintain a message system for after-hours client
communications.
• The Public Defender shall maintain independent office facilities at their own expense.
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• Public Defender shall maintain a minimum of one -quarter (1/4) time secretarial and/or
paralegal support, unless the Director of Public Defense determines in writing that such
support is not required for a given Public Defender.
• The Public Defender is solely responsible for all office operating costs, including but
not limited to rent, telecommunications, copying, facsimile services,
secretarial/paralegal support, and all associated equipment and administrative expenses
• The County shall not provide financial support, equipment, training, administrative
costs, or research tools unless specifically authorized in writing by the Director of
Public Defense.
Client Availability and Consultations
The Public Defender shall:
• Be available for reasonable consultations with clients.
• Maintain regular contact with clients, both in custody and out -of -custody.
• Respond to client inquiries and concerns in a timely manner.
• Cooperate with the Director of Public Defense in monitoring client contacts and
ensuring adequate client contact and communication.
Prohibited Conduct
The Public Defender shall not:
• Perform any act proscribed by the Rules of Professional Conduct.
• Neglect any duty required by professional conduct rules or ethics opinions.
• Engage in conduct deemed improper or unethical under Washington State Bar
Association standards.
• Solicit or accept compensation from clients appointed under this Agreement (nor shall
support staff).
6. CASE APPOINTMENTS AND LIMITATIONS
Appointment
The Director of Public Defense shall distribute the cases to the Public Defender at the
Director's discretion. This agreement is to perform services for the above named client
and. is limited to that client. Any other assignments would be subject to negotiation and
agreement of both parties.
Case Acceptance
The Public Defender agrees to accept appointments regardless of the clients:
• Race, color, or national origin
• Age or marital status
• Sexual orientation or gender identity
• Disability or handicap
• Political or religious affiliation
Exception: The Public Defender is not required to accept an appointment that creates a
bona fide, actual legal, ethical, or professional conflict of interest.
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Venue Transfer
If a change of venue is granted for a client the Public Defender represents under this
Agreement, the Public Defender shall continue representation in the transferred venue until
the case is transferred to appropriate public defense counsel in that county (if transfer is
determined to be appropriate).
7. CONFLICTS OF INTEREST
Public Defender shall:
• Promptly screen each case appointment for conflicts.
• Immediately notify the Director of Public Defense in writing if a conflict is found. The
notification shall include:
1) A description of the actual or potential conflict,
2) Specific reasons for the conflict determination, and;
3) Request a substitute counsel assignment.
The Director of Public Defense:
• Will make a final determination as to whether an actual conflict exists.
• May seek review from the appropriate Washington State Bar Association ethics
department if disagreement persists.
• May seek resolution from any court of competent jurisdiction or the court with
jurisdiction on the assigned case.
8. TRAINING, QUALIFICATIONS AND PROFESSIONAL STANDARDS.
Qualification Requirements
All Public Defenders contracted under this Agreement must:
• Maintain membership in good standing with the Washington State Bar Association.
• Be familiar with and strive to comply with the Washington State Bar Association
Performance Guidelines for Criminal Defense Representation.
• Complete all training required by the Washington State Office of Public Defense.
• Maintain professional competency and ethical conduct consistent with the Rules of
Professional Conduct of the Supreme Court of Washington.
Continuing Legal Education
Each Public Defender shall annually complete a minimum of seven (7) hours of approved
training through approved providers. Annual certification of completion shall be submitted
by the Public Defender to the County in a form that enables the County to comply with
reporting requirements under RCW 10. 10 1.050.
Professional Conduct
The Public Defender shall:
• Perform this Agreement independently, subject only to the supervisory authority of the
Director of Public Defense and the Court.
• Preserve client confidentiality and privilege.
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• Comply with all Rules of Professional Conduct applicable to attorneys licensed in
Washington State.
• Maintain independent professional judgment regarding case strategy and client
representation.
• Comply with all applicable court rules and statutes.
No acts may be performed, nor duties neglected, that violate the Rules of Professional
Conduct, applicable case law, or opinions of the Washington State Bar Association.
9. INVESTIGATORS, EXPERT WITNESSES AND INTERPRETERS
Investigator Services.
Grant County shall provide qualified Investigators to assist the Public Defender at no cost.
The Public Defender shall:
• Use Investigators provided by the County as reasonably necessary.
• Request substitute Investigators only with specific authorization from the Director of
Public Defense.
• Comply with all Grant County Department of Public Defense policies governing
investigator assignment and utilization
Expert Witness Services
Grant County shall fund reasonable compensation for Expert Witnesses necessary for case
investigation, preparation, and trial, at no cost to the Public Defender. The Public Defender
shall:
• Obtain Court approval via appropriate motion before engaging expert services,
• Retain experts of their choosing, subject to Court -imposed limitations,
• Redact sensitive billing entries (other than hours and rate) from expert invoices prior
to County submission for payment,
• Ensure invoices include case number, defendant name, and provider tax ID.
Interpreter Services
Grant County shall provide reasonable access to certified or other appropriate and available
interpreters for the Public Defender's use. Interpreters shall, at reasonable times, be made
available at:
• Grant County Jail
• Grant County Court facilities
• Other locations as appropriate and reasonable
10. ASSIGNEMENT, DELEGATION AND TEMPORARY SUBSTITUTIONS
Assignment and Delegation Restrictions
Except as specifically provided in this Agreement, the Public Defender shall:
• Not assign, subcontract out, or otherwise delegate any rights, responsibilities, or
obligations unless approved by the Director of Public Defense.
• Not allow any other person to perform services required by this Agreement unless
approved by the Director of Public Defense.
• Retain personal responsibility for all contracted services.
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11. OTHER COURT APPOINTMENTS AND PRACTICE
Public Defender is able to engage in the practice of law and accept other appointments as
long as Public Defender is able to certify as required by the court rules and perform each
provision of this agreement.
12. INDEPENDENT CONTRACTOR RELATIONSHIP
The parties acknowledge and agree:
• The Public Defender is not an employee of Grant County
• The Public Defender is an independent contractor for all purposes, including:
1) Fair Labor Standards Act (minimum wage and overtime).
2) Federal Insurance Contribution Act (FICA).
3) Social Security Act provisions.
4) Federal Unemployment Tax Act provisions.
5) Internal Revenue Code provisions.
6) Washington Industrial Insurance Act (RCW Title 51).
7) Washington wage and hour laws.
8) Washington Employment Security Act (RCW Title 50).
9) Washington State Department of Retirement Services.
10) Any other purpose.
• Except as specified in this Agreement, the County shall have no authority or duty to
control or supervise performance of the Public Defender's duties. .
• Such control and supervisory authority reside with the Court(s) and Washington State
Bar Association.
• No joint employment relationship exists between the Public Defender and County.
• The County shall not be liable for obligations incurred by the Public Defender.
No Financial Support: The County is not responsible for providing, financial or other
support for equipment, training, administrative costs, or research tools unless specifically
authorized by the Director of Public Defense.
Sole Discretion: The Public Defender retains sole and absolute discretion regarding
judgment, manner, and means of providing legal representation, subject to:
• Director of Public Defense's right to supervise and assign.
• Court authority over representation matters.
• The County's and Public Defenders obligation to provide the effective assistance- of
counsel as constitutionally required.
Independence of Professional Judgment
Nothing in this Agreement shall:
• Impair or inhibit the exercise of independent professional judgment regarding client
representation.
• Require the Public Defender to perform acts violating attorney's ethics standards.
• Prevent the Public Defender from maintaining attorney -client privilege.
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13. RECORDS AND CLIENT FILES
The Public Defender shall:
• Maintain client files subject to attorney -client privilege and not subject to public
records disclosure.
• Maintain and protect client files with appropriate confidentiality.
• Retain and/or release client files in accordance with ethical and legal requirements.
• Return client files to the Director of Public Defense (or to an appropriate succeeding
attorney) at no expense to the County when files must be transferred to another
attorney.
• Preserve and maintain records that maybe subject to public disclosure consistent with
appropriate statutes and law.
• Direct records questions to the County Public Records Officer: (509) 754-2011 ext.
2938.
14. TERMINATION
Involuntary Termination
The County may immediately terminate this Agreement for cause if the Director of Public
Defense determines that:
• The Public Defender is not providing adequate legal services, or
• The Public Defender is in material non-compliance with Agreement terms, or
• Any court of competent jurisdiction enters an order precluding the Public Defender
from receiving Court appointments for any reason, or
• The Public Defender's license to practice law is revoked, limited, restricted, suspended,
or restricted in any way, including any recommendation of disbarment or suspension
by the WSBA.
Process Upon Termination:
• The Director may require certain pending cases be assigned to other Public Defenders
Voluntary Termination
Notice: Either party may terminate this Agreement upon one hundred twenty (120) days'
advance written notice for any reason.
Early Termination: The parties may mutually agree in writing to an earlier effective
termination date.
Post -Termination Completion
The Public Defender's obligations to provide representation include the obligation to timely
and fully complete all cases or matters covered by this Agreement. This obligation
includes:
• Representation of clients appointed during the Agreement term.
• Completion of pending cases if the Agreement terminates by notice or ending date.
• Cases shall not be withdrawn or transferred unless authorized/directed by the Director
of Public Defense and ordered by the applicable court.
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15. INDEMNIFICATION AND HOLD HARMLESS
The Public Defender hereby agrees to and shall fully indemnify and hold harmless the County
and all its officers, employees, and agents from any and all losses, damages, costs, charges,
claims, demands, suits, or actions (of any nature) directly or indirectly arising from or caused
by the Public Defender's (or any person acting for or on behalf of the Public Defender):
• Acts, defaults, errors, and/or omissions, or
• Performance of legal services under this Agreement.
Defense Obligation
In the event any suit or legal proceeding is brought against the County, its officers, employees,
or agents relating to and. because of the Public Defender's conduct or services, the Public
Defender shall:
• Assume the full defense of such action
• Pay all costs, charges, attorneys' fees, and other expenses
• Pay any and all judgments or awards entered against the County or its representatives
Surviving Provision
The indemnification and hold harmless provisions shall survive termination of this Agreement
indefinitely.
16. PROFESSIONAL LIABILITY INSURANCE
Insurance Requirements
Throughout the entire Agreement term and any extended period during which the Public
Defender performs services, the Public Defender shall:
Obtain and continuously maintain a professional liability insurance policy.
• Minimum Coverage: $1,000,000.00 per claim / $2,000,000.00 aggregate per policy
term.
• Additional Insured: Coverage shall name all other Public Defenders acting on behalf
of this Public Defender.
• Coverage Scope: Errors and omissions in performance of legal services under this
Agreement.
• Cancellation Notice: Insurance company shall provide County with no less than thirty
(30) days' prior written notice if policy is cancelled or materially altered.
• Issuer: Insurance company authorized to conduct business in Washington State.
Policy Verification
The Public Defender shall:
• Provide proof of insurance within fifteen (15) days of Agreement signature.
• Provide annual renewal proof on or before policy expiration date.
• Maintain continuous coverage throughout the Agreement term.
17. NON-DISCRIMINATION
The Public Defender and all officers, employees, and agents shall comply with:
2026-2028 PSA-SC, Karla Kane Page 8 of 11
• Title V1 and VII of the Civil Rights Act of 1964 (as amended 1972).
• Executive Orders: 11246 (as amended by 11375).
• Age Discrimination in Employment Act of 1967.
• Washington State Laws Against Discrimination: RCW Chapter 49.06.
All other applicable non-discrimination statutes and regulations.
18. GENERAL CONTRACT PROVISIONS
Integrated Agreement
This Agreement represents the complete and entire agreement between the parties and
supersedes:
• All prior agreements,, contracts, and understandings (written or oral).
• All verbal agreements, conversations, or writings with County officers or officials.
• Any previous agreement between the parties.
No verbal agreements are binding on the County whether communicated by the Director
of Public Defense or otherwise.
Rights and Remedies Not Waived
No waiver of breach shall occur when:
• The County makes payment while a breach exists.
• The Public Defender accepts payment while in breach.
• Such payment shall not impair any party's rights or remedies regarding the breach.
Severability
If any term, covenant, condition, or provision is held invalid or unenforceable by a court
of competent jurisdiction:
• The remainder of the Agreement shall remain in fall force and effect, and
• The remaining terms shall continue to conform to applicable law.
Modification and Amendment
No modification, amendment, or alteration of this Agreement shall be valid unless executed
with the same formality as this Agreement and signed by authorized representatives of both
parties. Parties may request modification should -unforeseen and material changes in
circumstances arise.
Non -Assignability
The Public Defender may not assign rights or obligations under this Agreement to a third
party.
No Waiver of Strict Performance
No failure by either party to insist on strict performance of Agreement terms shall
constitute:
• A waiver of such term, or
• An abandonment of this Agreement.
2026-2028 PSA-SC, Karla Kane Page 9 of 11
SIGNED this 1* day off, 2026.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
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``�`� 0,..•••' ''�••�CJ `''�., Kevin Burgess, PRair
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Cindy Cart r, Member
Attest:
Ca lin anell, Jerk of the Board
2026-2028 PSA-SC, Karla Kane Page 10 of 11
F7NOTE:
Agreement must be signed in the
presence of a Notary. Notary block is
below
State of Washington
)ss.
County of &AA- aq )
Karla Kane, Kane Law PLLC
PUBLIC DEFENDER
Krfaltki�v-, ��A431930
Address: 21 N Cascade St
Kennewick, WA 99336-3853
Phone: (509) 545-4646
E-mail: karla@kanelawpllc.com
Tax ID #: Click or tip hton%4oe, to enter text.
I hereby certify that I know or have satisfactory evidence that Karla Kane signed this instrument and
acknowledged it to be a free and voluntary act for the uses and purposys mentioned in the instrument.
DATED:
Notary Public
State of Washington
State ta e
t E Notary Public for Washington State,
ALEX FLORES -0"
L Lice s residing inaunty.ounty.
Lice Number 137091.
-S
MY COMMISSIONES EXPIRMy Commission expires: (9
j
iu� 088 2028
2026-2028 PSA-SC, Karla Kane Page 11'of 11