Loading...
HomeMy WebLinkAboutAgreements/Contracts - Public Defense (003)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 SUBMITTED BY: Brett Hill CONTACT PERSON ATTENDING ROUNDTABLE: Brett Hill CONFIDENTIAL INFORMATION: ❑YES ©NO DATE: 7/1/26 PHONE: X: 4009 2 (CHECK A.LL THATI-APPL ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution []Recommendation El Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB � E �ED WORDINGFOR AGENDA: Wh �� When, Why Ted Approval of Professional Services Agreement with Adolfo Banda I I I 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 C1 N/A If necessary, was this document reviewed by legal? ❑ YES ❑ NO 0 N/A DATE OF ACTION: %I-tlzj.e- APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 PROFESSIONAL SERVICES AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT INDIVIDUALS This Professional Services Agreement ("PSA") is entered into by and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 Adolfo Banda III, WSBA #50821 (hereinafter "Public Defender"), an attorney fully licensed to practice law in the State of Washington. 1. 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 1 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 Gilberto Antonio Sanchez Medina. Case #s 25-1-00250-13, 25-1-00420-13 and 26-8- 00042-13 and any subsequent cases that by mutual agreement are assigned to the Public Defender. The above -named Public Defender shall be co -counsel (2nd Chair) in each of the cases listed in this paragraph. 1" chair is Adolfo Banda, Jr. • 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 2026-2028 PSA-SC, Adolfo Banda III Page 1 of 11 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. • 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. 2026-2028 PSA-SC, Adolfo Banda III Page 2 of 11 • 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. 2026-2028 PSA-SC, Adolfo Banda III Page 3 of 11 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 10-101.050. 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. 2026-2028 PSA-SC, Adolfo Banda III Page 4 of 11 • 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 .1 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. 2026-2028 PSA-SC, Adolfo Banda III Page 5 of 11 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 providingfinancial 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. 2026-2028 PSA-SC, Adolfo Banda III Page 6 of 11 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 may be 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. TERMINA.TION 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. 2026-2028 PSA-SC, Adolfo Banda III Page 7 of 11 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, Adolfo Banda III Page 8 of 11 • Title VI 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: 0 The remainder of the Agreement shall. remain in full force and effect, and 0 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, Adolfo Banda III Page 9 of 11 SIGNED this I a day of 2026. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON xc you NTY _ Nz ©....••,.......•,,..,•.CD ' Kevin Burgess, Clidir .• 0 EAL es sum r Ae Co� .•••''cam.` Rob Jo a' u��rirrtttt�i Cindy Cart , Member Attest: C * in ell, Clerk of he Board 2026-2028 PSA-SC, Adolfo Banda III Page 10 of 11 NOTE: Agreement must be signed in the presence of a Notwy, Notary block, is below State of Washington )ss. County of Grant Adolfo Banda III PUBLIC DEFENDER X'd"Xfo"- Banda III, WSBA #50821 Address: 402 W Nob Hill Blvd Yakima, WA 98902-4635 Phone-, Adolfo E-mail.- adolfobanda'-I'@gmall.com Tax ID #,-1 Click or tap h.ere to eMer text. I hereby certify that I know or have satisfactory evidence that Adolfo Banda III signed this *Instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. DA'rED: MANUEL E ABUNDES Ic Notary Publ* State of Washington Commission # 191422 My Comm, Expires Jul 10, 2026 Notary g POE for Washington State, vAl residing OU11t. to )-,O�LO(O 11/ My C mission expires- 2026-2028 PSA-SC, Adolfo Banda III Page 11 of 11