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HomeMy WebLinkAbout5.105A Original ContractApril 18, 1989 DCD:cb nis Dic son, Assistant City Attorney M E M O R A N D U M TO: Craig D. Knutson, City Attorney FROM: Dennis Dickson, Assistant City Attorney RE: Clallam- Jefferson Public Defender Contract 5,io5A I have reviewed the Clallam- Jefferson Public Defender contract that is in effect with the City of Port Angeles. Other than finding one minor typographical error which does not have any particular significance, I do not find any need for change in this contract, at present. I think that we should allow this agreement to remain in effect on a month -to -month basis. Obviously, with decriminalization of the bulk of the municipal code, we are in a position where the frequency of the need to provide a public defender is severely restricted, from prior experience. d 2 Cy,* b A G R E E M E N T This Agreement is made and entered into this s,165 A day of 1987, between the CITY OF PORT ANGELES, hereinafter referred to as "City," and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non profit corporation, hereinafter referred to as "Defender." WITNESSETH: WHEREAS the Clallam- Jefferson Public Defender has been organized as a non profit corporation for the purpose of providing criminal defense for indigent defendants and others facing commitment or incarceration; and, WHEREAS the City is satisfied that it can efficiently meet its legal obligation to provide indigent representation by entering into a service agreement with the Defender to provide such services under court appointment for indigent misdemeanant/ traffic defendants, and others facing incarceration; NOW, THEREFORE, in consideration of legal services to be tendered by Defender, and the monetary payments to be made to Defender by City as herein provided, IT IS AGREED that the term of this Agreement shall be from the day of 1987, to the 31st day of December, 1987. IT IS FURTHER AGREED that payment from City to Defender shall be thirty -five dollars ($35) per hour of attorney time, plus any extraordinary expenses connected with the case, for cases filed by the City after April 30, 1987. IT IS FURTHER AGREED that payment to Defender under this Agreement shall be on a monthly basis. Defender shall submit a bill to the City Clerk on or before the first Monday of the month. Bills subsequent to that date can be paid the following month. -1- IT IS FURTHER AGREED that the City shall have the right to reasonably audit business records of Defender (exclusive of attorney client confidential records), require compliance with terms of this Agreement and with applicable City, county and state law, and court rules, and generally review Defender's operation to assure quality of performance. IT IS FURTHER AGREED that nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgment by any attorney employed by Defender with respect to whom an/ attorney client privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by Professional Responsibility. IT IS FURTHER AGREED accept all cases appointed, it that while shall have -2- the Code of Defender agrees to the right for good cause to decline to advise or represent and, with consent of the court and pursuant to court rule, to withdraw from representing any person in any case referred or assigned to Defender. IT IS FURTHER AGREED that in the event conflicts of interest do arise and preclude Defender from representing certain defendants, the court shall designate another attorney to represent said indigent at City expense. IT IS FURTHER AGREED that Defender will continue active representation and will complete cases pending after term of this Agreement faithfully and with due diligence. City shall provide funds as stated herein until the conclusion of each City case so pending. This Agreement shall be extended after its date of termination on a month -to -month basis until revoked in writing by either party, or until superceded by a revised or extended written agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed the day and date first written above. CITY OF PORT ANGELES MAYOR CITY CLERK Approved as to form: CRAIG D UTSON City AttilOrney AT1215[3] CLALLAM JEFFERSON PUBLIC DEFENDER ref/ GEI L BARNHART, Administrator a or"P') fyt&I-4 -3- GERAL BARNHART Administrator June 11, 1987 CLALLAM- JEFFERSON PUBLIC DEFENDER 402 S. LINCOLN STREET PORT ANGELES, WA 98362 (206) 452 -3307 924 WASHINGTON PORT TOWNSEND, WA 98368 (206) 385 -5613 Craig D. Knutson City Attorney City Of Port Angeles 140 West Front Street Post Office Box 1150 Port Angeles, Washington 98362 f IO R ECEIVED l'O F ANCE,IEg QUA' ATTORNEY Re: City Of Port Angeles Clallam Jefferson Public Defender Agreement Dear Mr. Knutson: I am'returning the executed agreement as requested in your letter to Mr. Barnhart dated June 4, 1987. Sin ny J. Public Defender Enclosure Agreement dated June 1, 1987 KAREN L. UNGER JOHN F. HAYDEN CRADDOCK D. VERSER Staff Attorneys A G R E E M E N T This Agreement is made and entered into this day of 7:.„,..- 1987, between the CITY OF PORT ANGELES, hereinafter referred to as "City," and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non profit corporation, hereinafter referred to as "Defender." WITNESSETH: WHEREAS the Clallam- Jefferson Public Defender has been organized as a non profit corporation for the purpose of providing criminal defense for indigent defendants and others facing commitment or incarceration; and, WHEREAS the City is satisfied that it can efficiently meet its legal obligation to provide indigent representation by entering into a service agreement with the Defender to provide such services under court appointment for indigent misdemeanant/ traffic defendants, and others facing incarceration; NOW, THEREFORE, in consideration of legal services to be tendered by Defender, and the monetary payments to be made to Defender by City as herein provided, IT IS AGREED that the term of this Agreement shall be s�' day 1987, to the 31st day from the da of of December, 1987. IT IS FURTHER AGREED that payment from City to Defender shall be thirty -five dollars ($35) per hour of attorney time, plus any extraordinary expenses connected with the case, for cases filed by the City after April 30, 1987. IT IS FURTHER AGREED that payment to Defender under this Agreement shall be on a monthly basis. Defender shall submit a bill to the City Clerk on or before the first Monday of the month. Bills subsequent to that date can be paid the following month. -1- ..r 7" IT IS FURTHER AGREED that the City shall have the right to reasonably audit business records of Defender (exclusive of attorney- client confidential records), require compliance with terms of this Agreement and with applicable City, county and state law, and court rules, and generally review Defender's operation to assure quality of performance. IT IS FURTHER AGREED that nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgment by any attorney employed by Defender with respect to whom and attorney- client privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by the Code of Professional Responsibility. IT IS FURTHER AGREED that while Defender agrees to accept all cases appointed, it shall have the right for good cause to decline to advise or represent and, with consent of the court and pursuant to court rule, to withdraw from representing any person in any case referred or assigned to Defender. IT IS FURTHER AGREED that in the event conflicts of interest do arise and preclude Defender from representing certain defendants, the court shall designate another attorney to represent said indigent at City expense. IT IS FURTHER AGREED that Defender will continue active representation and will complete cases pending after term of this Agreement faithfully and with due diligence. City shall provide funds as stated herein until the conclusion of each City case so pending. This Agreement shall be extended after its date of termination on a month -to -month basis until revoked in writing by either party, or until superceded by a revised or extended written agreement. -2- CITY OF PORT ANGELES MAYOR CITY CLERK Approved as to form: CRAIG D NUT'S City AttWrney AT1215[3] IN WITNESS WHEREOF, the parties have caused the Agreement to be executed the day and date first written above. CLALLAM- JEFFERSON PUBLIC DEFENDER GE L 8ARNHART, Administrator -3- A G R E E M E N T This Agreement is made this 1st day of January, 1987, by and between the CITY OF PORT ANGELES, a Municipal Corporation of the State of Washington (hereafter "City and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non- profit corporation (hereafter "Defender REPRESENTATIONS: 1) The Clallam- Jefferson Public Defender has been organized as a non profit corporation for the purpose of providing criminal defense and related services for indigent defendants and other persons facing commitment or incarceration in Clallam and Jefferson Counties; 2) The City has been satisfied that it can best meet its legal obligation under the Federal and State Constitutions to provide indigent representation, and that it can conserve City finances by entering into ari agreement with Defender, whereby Defender would provide those legal and related services necessary, under court appointment, for certain indigent misdemeanor defendants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1) Performance by Defender: Subject to the conditions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in cases commenced by the City of Port Angeles in the Clallam County District Court, upon appointment by that court, including Superior Court and 1 5, s/ i interlocutory appeals, to the extent that the City is liable for interlocutory appeals. 2) Performance by City: For the representation of indigent defendants pursuant to paragraph 1, the City agrees to pay Defender the sum of $12,000 for which Defender agrees to represent up to 112 cases. For each case over the total of 112 the Defender is appointed to defend during the term of this Agreement, the City shall pay an additional $115 per case. 3) Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth (1/12) of the $12,000 minimum payment herein stated. If the 112 case maximum under the minimum payment is reached, the City shall pay $115 for each additional case over 112, based upon an invoice from Defender indicating the date of appointment. This additional $115 shall be included in the monthly payment coming next due to Defender after receipt of invoice. 4) Limitations on Obligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 5) Non Interference with Professional Responsibility: Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgment by any attorney employed by the Defender with respect to any person with whom an attorney- client privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 6) Refusal of Representation: Defender reserves the right, for good cause shown, and with the court's permission, to refuse the representation of any individual who by his request, actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 7) Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such conflict exists and precludes Defender from representing the defendant, and the court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 8) Continuance After Expiration: Defender will continue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are available to provide the agreed services without substantial hardship to Defender. 9) Reporting: Defender shall report to the City quarterly with a list of the City cases to which Defender has been appointed. 10) Audit: The City shall have the right to reasonably audit business records of Defender, exclusive of confidential attorney- client records, to require compliance with the terms of this Agreement and with applicable City, County and State law and Court Rules. 11) Termination of Agreement: This Agreement shall begin on January 1, 1987, and shall terminate on December 31, 1987; provided that this Agreement may be terminated by either party by the giving of thirty (30) days written notice 3 prior to the first of any month. Payment under the terms of this Agreement shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall be as stated in this Agreement. CITY OF PORT ANGELES MAYOR 281, CITY .CLERK Approved as to form: 4 _1116,1 CRAIG D~ KNUTSON City Attorney 4 CLALLAM- JEFFERSON PUBLIC DEFENDER RAL BARNHAR A G R E E M E N T 1 This Agreement is made this V day of Fcbruary, 1986, by and between the CITY OF PORT ANGELES, a Municipal Corporation of the State of Washington (hereafter "City and the CLALLAM JEFFERSON PUBLIC DEFENDER, a Washington non- profit corporation (hereafter "Defender REPRESENTATIONS: 1) The Clallam- Jefferson Public Defender has been organized as a non profit corporation for the purpose of providing criminal defense. and related services for indigent defendants and other persons facing commitment or incarceration in Clallam and Jefferson Counties; 2) The City has been satisfied that it can best meet its legal obligation under the Federal and State Constitutions to provide indigent representation, and that it can conserve City finances by entering into an agreement with Defender, whereby Defender would provide those legal and related services necessary, under court appointment, for certain indigent misdemeanor defendants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: NOW, THEREFORE, in consideration of the mutual convenants and promises contained herein, the parties agree as follows: 1) Performance by Defender: Subject to the conditions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in cases commenced by the City of Port Angeles in the Clallam County District Court, upon appointment by that court, including Superior Court and interlocutory appeals, to the extent that the City is liable for interlocutory appeals. 2) Performance by City: For the representation of indigent defendants pursuant to paragraph 1, the City agrees to pay Defender the sum of $11,500 for which Defender agrees to represent up to 112 cases. For each case over the total of 112 the Defender is appointed to defend during the term of this Agreement, the City shall pay an additional $115 per case. 3) Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth (1/12) of the $11,500 minimum payment herein stated. If the 112 case maximum under the minimum payment is reached, the City shall pay $115 for each additional case over 112, based upon an invoice from Defender indicating the date of appointment. This additional $115 shall be included in the monthly payment coming next due to Defender after receipt of invoice. 4) Limitations on Obligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 5) Non Interference with Professional Responsibility: Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgment by any attorney employed by the Defender with respect to any person with whom an attorney- client privilege has been established, nor shall this Agreement require or authorize 2 any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 6) Refusal of Representation: Defender reserves the right, for good cause shown, and with the court's permission, to refuse the representation of any individual who by his request, actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 7) Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such conflict exists and precludes Defender from representing the defendant, and the court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 8) Continuance After Expiration: Defender will continue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are available to provide the agreed services without substantial hardship to Defender. 9) Reporting: Defender shall report to the City quarterly with a list of the City cases to which Defender has been appointed. 10) Audit: The City shall have the right to reasonably audit business records of Defender, exclusive of confidential attorney client records, to require compliance with the terms of this Agreement and with applicable City, County and State law and Court Rules. 11) Termination of Agreement: This Agreement shall begin on January 1, 1986, and shall terminate on December 31, 1986; provided that this Agreement may be terminated by either party by the giving of thirty (30) days written notice 3 prior to the first of any month. Payment under the terms of this Agreement shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall be as stated in this Agreement. CITY OF PO MAYOR /23, WALTER J SOW A('(itl CITY CLERK Approyd as to form: 116-41, CRAIG D ({NUTS'ON City Attorney 4 CLALLAM JEFFERSON PUBLIC DEFENDER Ui� A G R E E M E N T This Agreement is made this 1 day of-Fietraary, 1986, by and between the CITY OF PORT ANGELES, a Municipal Corporation of the State of Washington (hereafter "City and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non- profit corporation (hereafter "Defender REPRESENTATIONS: 1) The Clallam- Jefferson Public Defender has been organized as a non profit corporation for the purpose of providing criminal defense and related services for indigent defendants and other persons facing commitment or incarceration in Clallam and Jefferson Counties; 2) The City has been satisfied that it can best meet its legal obligation under the Federal and State Constitutions to provide indigent representation, and that it can conserve City finances by entering into an agreement with Defender, whereby Defender would provide those legal and related services necessary, under court appointment, for certain indigent misdemeanor defendants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: NOW, THEREFORE, in consideration of the mutual convenants and promises contained herein, the parties agree as follows: 1) Performance by Defender: Subject to the conditions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in cases commenced by the City of Port Angeles in the Clallam County District Court, upon appointment by that court, including Superior Court and 1 S' i n A interlocutory appeals, to the extent that the City is liable for interlocutory appeals. 2) Performance by City: For the representation of indigent defendants pursuant to paragraph 1, the City agrees to pay Defender the sum of $11,500 for which Defender agrees to represent up to 112 cases. For each case over the total of 112 the Defender is appointed to defend during the term of this Agreement, the City shall pay an additional $115 per case. 3) Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth (1/12) of the $11,500 minimum payment herein stated. If the 112 case maximum under the minimum payment is reached, the City shall pay $115 for each additional case over 112, based upon an invoice from Defender indicating the date of appointment. This additional $115 shall be included in the monthly payment coming next due to Defender after receipt of invoice. 4) Limitations on Obligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 5) Non Interference with Professional Responsibility: Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgment by any attorney employed by the Defender with respect to any person with whom an attorney client privilege has been established, nor shall this Agreement require or authorize 2 any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 6) Refusal of Representation: Defender reserves the right, for good cause shown, and with the court's permission, to refuse the representation of any individual who by his request, actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 7) Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such conflict exists and precludes Defender from representing the defendant, and the court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 8) Continuance After Expiration: Defender will continue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are available to provide the agreed services without substantial hardship to Defender. 9) Reporting: Defender shall report to the City quarterly with a list of the City cases to which Defender has been appointed. 10) Audit: The City shall have the right to reasonably audit business records of Defender, exclusive of confidential attorney client records, to require compliance with the terms of this Agreement and with applicable City, County and State law and Court Rules. 11) Termination of Agreement: This Agreement shall begin on January 1, 1986, and shall terminate on December 31, 1986; provided that this Agreement may be terminated by either party by the giving of thirty (30) days written notice 3 prior to the first of any month. Payment under the terms of this Agreement shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall be as stated in this Agreement. CITY OF PORT AN MAYOR/z, -.9. CITY CLERK Apprgx d as to for CRAIG D) KNUTSON City Attorney 4 CLALLAM -JEFF RSON PUBLIC DEFENDER 4/ WALTER J. SOW 5.10SA A G R E E M E N T This Agreement is made this 17 day of -1- 1985, by and between the CITY OF PORT ANGELES, a Municipal Cor- poration of the State of Washington (hereafter "City and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non profit cor- poration (hereafter "Defender REPRESENTATIONS: 1) The Clallam- Jefferson Public Defender has been organized as a non profit corporation, for the purpose of provid- ing criminal defense and related services for indigent defendants and other persons facing commitment or incarceration in Jefferson and Clallam Counties; 2) The City has been satisfied that it can best meet its legal obligation under the Federal and State Constitutions to provide indigent representation, and that it can conserve City finances by entering into agreement with Defender, whereby De- fender would provide those legal and related services necessary, under Court appointment, for certain indigent misdemeanor defen- dants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: NOW, THEREFORE, in consideration of the mutual cove- nants and promises contained herein, the parties agree as follows: 1) Performance by Defender: Subject to the con- ditions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in cases commenced by the City of Port Angeles in the Clallam County District Court, upon appointment by that Court, including Superior Court and interlocutory appeals, to the extent that the City is liable for interlocutory appeals. 2) Performance by City: For the representation of indigent defendants pursuant to Paragraph 1, the City agrees to pay to Defender the sum of $10,200, for which Defender agrees to represent up to 92 cases. For each case over the total of 92 the Defender is appointed to defend during the term of this agreement, the City shall pay an additional $115 per case. 3) Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth (1/12) of the $10,200 minimum payment herein stated. If the 92 case maximum under the minimum payment is reached, the City shall pay $115 for each additional case over 92, based upon an invoice from Defender indicating the date of appointment. This additional $115 shall be included in the monthly payment coming next due to Defender after receipt of invoice. 4) Limitations on Obligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 5) Non Interference with Professional Responsibility: Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgment by any attorney employed by the Defender with respect to any person with whom an attorney- client privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 2 6) Refusal of Representation: Defender reserves the right, for good cause shown, and with the Court's permission, to refuse the representation of any individual who by his request, actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 7) Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such conflict exists and precludes Defender from representing the defendant, and the Court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 8) Continuance After Expiration: Defender will continue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are available to provide the agreed services without substantial hardship to Defender. 9) Reporting: Defender shall report to the City quarterly with a list of the City cases to which Defender has been appointed. 10) Audit: The City shall have the right to reasonably audit business records of Defender, exclusive of confidential attorney client records, to require compliance with the terms of this Agreement and with applicable City, County and State law and Court Rules. 11) Termination of Agreement: This Agreement shall begin on January 1, 1985, and shall terminate on December 31, 1985; provided that, this Agreement may be terminated by either party by the giving of thirty (30) days written notice prior to the first of any month. Payment under the terms of this Agreement shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall be as stated in this Agreement. 3 CITY OF PORT ANGELES all a Mayor Citf Clerk A 9-2,1 (4. 4 as to form: /61C2., Craig D.({nut on City Attorney 4 CLALLAM -JE. ERSON PUBLIC DEFENDER January 14, 1983 MEMORANDUM TO: City Council FROM: City Attorney RE: 1983 Public Defender Contract 5,05 >8 Attached is a copy of a public defender agreement between the City and the Clallam- Jefferson Public Defender for the year 1983. This agreement is in the form of the agreements previously entered into between the City and the Public Defender, except for an increase of $700 in the amount to be paid by the City. This increase is based upon the increase in the budget of the Public Defender's office as approved by the Board of that agency. The total is within the budgeted amount of $9000. While the contract provides that we will pay $115 per case over the 75 cases which will be handled for $8200, this year's experience in which the public defender was appointed on about 70 cases, leads me to believe that we will not require more than the 75 appoint- ments provided for by the basic agreement. For the reason that this is within the budgeted amount, and the increase is supported by the increase in the budget of the public defender, I would recommend execution of this agreement. 4. i Craig L. iller CLM:p atta A G R E E M E N T This Agreement is made this 30th day of December, 1982, by and between the CITY OF PORT ANGELES, a Municipal Corporation of the state of Washington (hereafter "City and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non- profit corporation (hereafter "Defender REPRESENTATIONS: 1) The Clallam- Jefferson Public Defender has been organized as a non profit corporation, for the purpose of pro- viding criminal defense and related services for indigent defendants and other persons facing commitment or incarceration in Jefferson and Clallam counties; 2) The City has been satisfied that it can best meet its legal obligation under the federal and state constitutions to provide indigent representation, and that it can conserve City finances by entering into agreement with Defender, whereby Defender would provide those legal and related services necessary, under court appointment for certain indigent misdemeanors defendants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: Now, therefore, in consideration of the mutual cov- enants and promises contained herein, the parties agree as follows: 1) Performance by Defender: Subject to the condi- tions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in cases commenced by the City of Port Angeles in the Clallam County District Court, upon appointment by that Court. -1- 2) Performance by City: For the representation of indigent defendants pursuant to Paragraph 1, the City agrees to pay to Defender the sum of $8,200 for which defender agrees to represent up to 75 cases. For each case over the total of 75 the Defender is appointed to defend during the term of this Agreement, the City shall pay an additional $115 per case. 3) Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth (1/12) of the $8,200 minimum payment herein stated. If the 75 case maximum under the minimum payment is reached the City shall pay $115 per case for each additional case over 75, based upon an invoice from Defender indicating the date of appointment. This additional $115 shall be included in the monthly payment coming next due to Defender after receipt of invoice. 4) Limitations on Obligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 5) Non Interference with Professional Responsibility: Nothing in this Agreement shall be construed to impair or in- hibit the exercise of independent professional judgment by any attorney employed by the Defender with respect to any person with whom an attorney- client privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 6) Refusal of Representation: Defender reserves the right, for good cause shown, and with the court's permission, to refuse the representation of any individual who by his request, -2- actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 7) Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such con- flict exists and precludes Defender from representing the defendant, and the court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 8) Continuance After Expiration: Defender will continue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are available to provide the agreed services without substantial hardship to Defender. 9) Audit: The City shall have the right to reasonably audit business records of Defender, exclusive of confidential attorney- client records, to require compliance with the terms of this Agreement and with applicable city, county and state law and court rules. 10) Termination of Agreement: This Agreement may be terminated by either party by the giving of thirty (30) days written notice, prior to the first of any month. Payment under the terms of this Agreement shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall be as stated in this Agreement. CITY F PORT ANGEI„ES CLALLAM -JEF ERSON PUBLI DEFENDER Mayor City Clerk Approved as to Form: Craig M,i'ller -3- A G R E E M E N T This Agreement is made this 30th day of December, 1982, by and between the CITY OF PORT ANGELES, a Municipal Corporation of the state of Washington (hereafter "City and the CLALLAM JEFFERSON PUBLIC DEFENDER, a Washington non- profit corporation (hereafter "Defender REPRESENTATIONS: 1) The Clallam- Jefferson Public Defender has been organized as a non profit corporation, for the purpose of pro- services for indigent viding criminal defense and related defendants and other persons facing in Jefferson and Clallam counties; 2) The City has been satisfied that it can best meet its legal obligation under the federal and state constitutions to provide indigent representation, and that it can conserve City finances by entering into agreement with Defender, whereby Defender would provide those legal and related services necessary, under court appointment for certain indigent misdemeanors defendants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: Now, therefore, in consideration of the mutual cov- enants and promises contained' herein, the parties agree as follows: 1) Performance by Defender: Subject to the condi- tions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in cases commenced by the City of Port J'geles in the Clallam County District Court, upon appointme,, t. by that Court. -1- commitment or incarceration 2) Performance by City: For the representation of indigent defendants pursuant to Paragraph 1, the City agrees to pay to Defender the sum of $8,200 for which defender agrees to represent up to 75 cases. For each case over the total of 75 the Defender is appointed to defend during the term of this Agreement, the City shall pay an additional $115 per case. 3) Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth (1/12) of the $8,200 minimum payment herein stated. If the 75 case maximum under the minimum payment is reached the City shall pay $115 per case for each additional case over 75, based upon an invoice from Defender indicating the date of appointment. This additional $115 shall be included in the monthly payment coming next due to Defender after receipt of invoice. 4) Limitations on Dbligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 5) Non Interference with Professional Responsibility: Nothing in this Agreement shall be construed to impair or in- hibit the exercise of independent professional judgment by any attorney employed by the Defeqder with respect to any person with whom an attorney client 'Privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 6) Refusal of Repr^sentation: Defender reserves the right, for good cause shown, and with the court's permission, to refuse the representation of any individual who by his request, -2- actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 7) Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such con- flict exists and precludes Defender from representing the defendant, and the court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 8) Continuance After Expiration: Defender will continue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are available to provide the agreed services without substantial hardship to Defender. 9) Audit: The City shall have the right to reasonably audit business records of Defender, exclusive of confidential attorney client records, to require compliance with the terms of this Agreement and with applicable city, county and state law and court rules. 10) Termination of Agreement: This Agreement may be terminated by either party by the giving of thirty (30) days written notice, prior to the first of any month. Payment under the terms of this Agreement shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall be as stated in this Agreement. CITY PORT ANGELES CLALLAM- JEFFERSON PUBLIC DEFENDER Md'yor 9 r ))1 4 urzd 6./ 4 4 City Clerk Approved as to Form: Craig Miller -3- A G R E E M E N T -1- 5 A This Agreement is made this id day of 1984, by and between the CITY OF PORT ANGELES, a Municipal Cor- poration of the State of Washington (hereafter "City and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non profit cor- poration (hereafter "Defender REPRESENTATIONS: 1) The Clallam- Jefferson Public Defender has been organized as a non profit corporation, for the purpose of provid- ing criminal defense and related services for indigent defendants and other persons facing commitment or incarceration in Jefferson and Clallam Counties; 2) The City has been satisfied that it can best meet its legal obligation under the Federal and State Constitutions to provide indigent representation, and that it can conserve City finances by entering into agreement with Defender, whereby De- fender would provide those legal and related services necessary, under Court appointment, for certain indigent misdemeanor defen- dants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: NOW, THEREFORE, in consideration of the mutual cove- nants and promises contained herein, the parties agree as follows: 1) Performance by Defender: Subject to the con- ditions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in (7ases commenced by the City 6f- Port Angeles in the Clallam County District Court, upon appointment by that court, including Superior Court and interlocutor S appeals. 2) Performance by City: For the representation of indigent defendants pursuant to paragraph 1, the City agrees to pay to Defender the sum of $9,350 for which Defender agrees to represent up to 85 cases. For each case over the total of 85 the Defender is appointed to defend during the term of this Agreement, the City shall pay an additional $115 per case. 3) Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth (1/12) of the $9,350 minimum payment herein stated. If the 85 case maximum under the minimum payment is reached, the City shall pay $115 per case for each additional case over 85, based upon an invoice from Defender indicating the date of appointment. This ad ditional $115 shall be included in the monthly payment coming next due to Defender after receipt of invoice. 4) Limitations on Obligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 5) Non Interference with Professional Responsibility: Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgment by any attorney employed by the Defender with respect to any person with whom an attorney- client privilege has been established, nor shall this -2- *to the extent the City is liable for interlocutory appeals. Agreement require or authorize any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 6) Refusal of Representation: Defender reserves the right, for good cause shown, and with the Court's permission, to refuse the representation of any individual who by his request, actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 7) Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such con- flict exists and precludes Defender from representing the defen- dant, and the Court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 8) Continuance After Expiration: Defender will con- tinue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are available to provide the agreed services without substantial hardship to Defender. 9) Audit: The City shall have the right to reason- ably audit business records of Defender, exclusive of confidential attorney client records, to require compliance with the terms of this Agreement and with applicable City, County and State law and Court Rules. 10) Termination of Agreement: This Agreement shall begin on January 1, 1984, and shall terminate on December 31, 1984; provided that, this Agreement may be terminated by either party by the giving of thirty (30) days' written notice prior to -3- the first of any month. Payment under the terms of this Agree- ment shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall be as stated in this Agreement. CIT OF PORT A ELES r a o (-1" c g rwei/nmi Cit Cler Oy l 0 AP ED AS FO Craig Da Knutson, City Attorney CLALLAM -JEF ERSO PUBLIC DEFENDER Wog h A G R E E M E N T This Agreement is made this 30th day of December, 1982, by and between the CITY OF PORT ANGELES, a Municipal Corporation of the state of Washington (hereafter "City and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non- profit corporation (hereafter "Defender REPRESENTATIONS: 1) The Clallam- Jefferson Public Defender has been organized as a non profit corporation, for the purpose of pro- viding criminal defense and related services for indigent defendants and other persons facing commitment or incarceration in Jefferson and Clallam counties; 2) The City has been satisfied that it can best meet its legal obligation under the federal and state constitutions to provide indigent representation, and that it can conserve City finances by entering into agreement with Defender, whereby Defender would provide those legal and related services necessary, under court appointment for certain indigent misdemeanors defendants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: Now, therefore, in consideration of the mutual cov- enants and promises contained herein, the parties agree as follows: 1) Performance by Defender: Subject to the condi- tions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in cases commenced by the City of Port Angeles in the Clallam County District Court, upon appointment by that Court. -1- 5.105 A 2) Performance by City: For the representation of indigent defendants pursuant to Paragraph l, the City agrees to pay to Defender the sum of $8,200 for which defender agrees to represent up to 75 cases. For each case over the total of 75 the Defender is appointed to defend during the term of this Agreement, the City shall pay an additional $115 per case. 3) Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth (1/12) of the $8,200 minimum payment herein stated. If the 75 case maximum under the minimum payment is reached the City shall pay $115 per case for each additional case over 75, based upon an invoice from Defender indicating the date of appointment. This additional $115 shall be included in the monthly payment coming next due to Defender after receipt of invoice. 4) Limitations on Obligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 5) Non Interference with Professional Responsibility: Nothing in this Agreement shall be construed to impair or in- hibit the exercise of independent professional judgment by any attorney employed by the Defender with respect to any person with whom an attorney- client privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 6) Refusal of Representation: Defender reserves the right, for good cause shown, and with the court's permission, to refuse the representation of any individual who by his request, -2- actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 7) Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such con- flict exists and precludes Defender from representing the defendant, and the court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 8) Continuance After Expiration: Defender will continue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are available to provide the agreed services without substantial hardship to Defender. 9) Audit: The City shall have the right to reasonably audit business records of Defender, exclusive of confidential attorney client records, to require compliance with the terms of this Agreement and with applicable city, county and state law and court rules. 10) Termination of Agreement: This Agreement may be terminated by either party by the giving of thirty (30) days written notice, prior to the first of any month. Payment under the terms of this Agreement shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall be as stated in this Agreement. CITY OF PORT ANGELES Mayor City Clerk Approved as to Form: Craig Miller -3- CLALLA1 EF'ERSON PUBLI DEFENDER AGREEMENT Tv 94 Ja. i, p This Agreement is made this /5 day of December, 1981, by and between the CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereafter "City and the CLALLAM- JEFFERSON PUBLIC DEFENDER, a Washington non profit corporation, (hereafter "Defender REPRESENTATIONS: 1. The Clallam- Jefferson Public Defender has been organized as a non profit corporation, for the purpose of providing criminal defense and related services for indigent defendants and other persons facing commitment or incarceration in Jefferson and Clallam counties; 2. The City has been satisfied that it can best meet its legal obligation under the federal and state constitutions to provide indigent representation, and that it can conserve City finances by entering into agreement with Defender, whereby Defender would provide those legal and related services necessary, under court appointment for certain indigent misdemeanors defendants and other indigents facing involuntary commitment or incarceration, according to the terms of this Agreement, and based upon the availability of Defender's time and funds as provided in this Agreement. AGREEMENTS: Now, therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Performance by Defender: Subject to the conditions contained in this Agreement, Defender agrees to represent indigent misdemeanor defendants in cases commenced by the City of Port Angeles in the Clallam County District Court, upon appointment by that Court. 2. Performance by City: For the representation of indigent defendants pursuant to paragraph 1, the City agrees to pay to Defender the sum of $7,500, for which Defender agrees to represent up to 75 cases. For each case over the total of 75 the Defender is appointed to defend during the term of this Agreement, the City shall pay an additional $l00 per case. 4. Method of Payment: Payment to Defender under this Agreement shall be made on a monthly basis, with each monthly payment equal to one twelfth of the $7,500 minimum payment herein stated. If the 75 case maximum under the minimum payment is reached, the City shall pay $100 per case for each additional case over 75, based upon an invoice from Defender indicating the date of appointment. This additional $100 shall be included in the monthly payment coming next due to Defender after receipt of the invoice. 5. Limitations on Obligation to Defend: Defender's obligation to provide services under this Agreement shall be limited to cases or matters in which the judge or commissioner of the Clallam County District Court, sitting on a case filed by the City of Port Angeles, makes a specific determination of indigency, based upon a fair study of need, and appoints the Defender to the case or matter by court order. 6. Non- Interference With Professional Responsibility: Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent professional judgement by any attorney employed by the Defender with respect to any person with whom an attorney client privilege has been established, nor shall this Agreement require or authorize any attorney to engage in conduct prohibited by the Code of Professional Responsibility. 7. Refusal of Representation: Defender reserves the right, for good cause shown, and with the Court's permission, to refuse the representation of any individual who by his request, actions, conduct or financial ability, waives the right to the assistance of public counsel at public expense. 8. Conflict of Interest: In the event of a conflict of interest arising and precluding Defender from representing a client, and upon a finding by the District Court that such conflict exists and precludes Defender from representing the defendant, and the Court designates another attorney to represent the defendant, the expense of such defense shall not fall within the terms of this Agreement. 9. Continuance After Expiration: Defender will continue active representation and will complete all cases pending at the time of the termination of this Agreement, to the extent that Defender's remaining budgeted funds under this Agreement are avail- able to provide the agreed services without substantial hardship to Defender. 10. Audit: The City shall have the right to reasonably audit business records of Defender, exclusive of confidential attorney client records, to require compliance with the terms of this Agreement and with applicable city, county and state law and court rules. 11. Termination of Agreement: This Agreement may be terminated by either party by the giving of thirty (30) days written notice, prior to the first of any month. Payment under the terms of this Agreement shall be made through the date of termination. The Defender's obligation to represent those defendants for whom it has been appointed shall °be as stated in this Agreement. CITY OF PORT ANGELES. aAv A tte.) la,ftedel‘ City Clerk APPROVED AS TO FORM: CLALLAM- JEFFERSON PUBLIC D FENDER L .:;_e-4 /d THIS AGREEMENT is made this 9 day of by and between the CITY OF PORT ANGELES, a municipal corporation of the state of Washington (hereafter "City and CLALLAM COUNTY, a polical subdivision of the state of Washington (hereafter "County REPRESENTATIONS: AGREEMENT FOR PUBLIC DEFENDER SERVICES 1981, 1. The City and County have provided for public defender services for the municipal and district court through a contract between the County and the Clallam Jefferson Public Defender, pursuant to an agreement dated December 5, 1979, between the City and County establish- ing the Port Angeles Municipal Court. 2. The County's public defender contract will remain in force until December 31, 1981, but the City and County have now decided to terminate the aforementioned Municipal Court Agreement. 3. The City and County are still required to provide public defender services for the municipal and district courts of Clallam County pursuant to U.S. Const. Amendment VI, Wash. Const. ART 22, and JCrR 2.11(a). 4. The City and County can both provide for public defender services more efficiently and with less difficulty by continuing and sharing the expenses of the current public defender contract. AGREEMENTS: Now, therefore, in consideration of the mutual promises and covenants contained in this Agreement, IT IS AGREED by the parties as follows: 1. The County shall continue the current contract with the Clallam- Jefferson Public Defender, providing counsel for appropriate defendants in the Clallam County District Court I and the Port Angeles Municipal Court through the term of this Agreement. 2. The City shall pay, for its share of the public defender services provided in paragraph 1, above, the sum of Five Thousand ($5,000.00) Dollars. 3. This Agreement shall be effective as of 12:01 AM on July 1, 1981, and shall remain in effect to and through 11:59 PM on December 31, 1981, and shall apply to all prosecutions commenced by the City in the Clallam County District Court between these dates and times. 4. Clallam County District Court shall bill the City on a monthly basis for the amounts due under the terms of this Agreement. BOARD OF CLALLAM COUNTY COMMISSIO S Commissione? Commi sioner Commissioner APPR9V D AS TO FARM: Clerk CITY OF PORT ANGELES Qii -e-yde_44404 P Atiezer et_ ieeize_&:k APPROVED AS TO FORM: (Deputy)Nrosecuting Attorney City Attorney July 17, 1981 MEMORANDUM TO: City Council /Manager FROM: City Attorney RE: Municipal Court and Public Defender Agreements Some time ago, the City Council approved agreements carrying into effect the revision in the method of operating the Municipal Court, which had been agreed to by the City and County even earlier in the year. Attached to this agreement please find a revised agreement for the municipal court services. After the City Council had approved a draft, the County raised concerns about the definition of "case" contained at paragraph 2 of that agreement. Those concerns arose, principally, out of the existence, under recent state legislation, of two types of tickets; criminal complaints and civil infractions. While those were included in the definition of "case" as contained in our agreement, the County felt, for accounting purposes, that the two should be handled distinctly. The revised agreement does this, establishing slightly different fees for each, as a result of a difference in the method of handling the two types of complaints. The revision, establishing a fee of $14.00 for infractions and $17.00 for criminal complaints, will constitute some slight saving to the City over the originally agreed upon terms of the contract, and is thus recommended for execution. The second agreement, an agreement for public defender services, continues the existing format for provision of public defender services to indigent defendants through the end of this year. At that time, it will be necessary that we determine whether to continue contracting with Clallam County, or contract directly with the public defender. For the remainder of the year 1981, a contract having already been negotiated between the County and the Public Defender, it appears to be the simplest course of action to contract directly with the County. The amount recommended consti- tutes approximately the same amount as the City last paid for public defender services, when we contracted directly for such services in 1979. I Craig L. Mi]/Ier CLM:pr 2.13 2.05