HomeMy WebLinkAbout012714_ca04JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrayor
DATE: January 27, 2014
RE: Agreement, Amendment No. 4 to the Public Defense Agreement, in the
Amount of $544,349 for basic indigent defense and up to $38,585 plus
reimbursed costs for defense in State v. Pierce in 2014, and from $544,349 to
$599,110 plus CPI for basic indigent defense in 2015; Jefferson County
Administrator; Jefferson Associated Counsel
STATEMENT OF ISSUE: Board of County Commissioner approval is requested for
Amendment No. 4 to the Public Defense Agreement with Jefferson Associated Counsel. This
will extend by two years the contract period so that basic indigent defense services by Jefferson
Associated Counsel will continue through December 31, 2015. The contract amendment will
also provide for continued indigent defense of Michael Pierce in State v. Pierce (case 09- 1 -
00058-7) in 2014.
ANALYSIS: Publicly - provided defense representation for indigent persons whose liberty is in
jeopardy is a constitutional right that falls to Jefferson County. The existing indigent defense
contract with Jefferson Associated Counsel began March 1, 2011, and expires December 31,
2013. The proposed Amendment #4 would extend the contract through December 31, 2015, and
sets reasonable compensation levels for indigent defense services in these years. Beginning in
2015, an adopted rule by the Washington State Supreme Court may set a new 300 -case
maximum case -load per defense attorney for misdemeanor cases in District Court. The present
standard is 400 cases. Amendment 4 establishes case point systems under the existing standard
and the alternative standard, and adjusts staffing and costs accordingly. In addition, 2015 costs
would be based on 2014 costs, adjusted for the actual percent rise in CPI, not to exceed 4 %.
A new trial in State v. Pierce 09 -1- 00058 -7 has been set to start in Kitsap County Superior Court
in February. Amendment No. 4 to the Public Defense Agreement between Jefferson County and
Jefferson Associated Counsel extends defense representation for Mr. Pierce through May 31,
2014 or the end of trial, whichever is first. Because the trial venue is Kitsap County, provisions
are made to reimburse for eligible mileage, lodging and meal costs pursuant to County policies in
the adopted Jefferson County Personnel Administration Manual.
FISCAL IMPACT: Compensation for basic indigent services in 2014 shall not exceed
$544,349 including 3.75 FTE attorneys and 0.75 FIE investigative services. Adequate funds
have been included in the adopted 2014 Jefferson County Budget. Compensation in 2014 for
defense in State v. Pierce shall not exceed $38,585 plus reimbursed costs. The criminal charge
in this case is considered a gravely serious offense, and the actual costs for this case will be
addressed through a supplemental budget request after the second or third quarter of 2014.
In 2015, compensation for basic indigent services under a 400 -case standard shall not exceed
$544,349, adjusted for the actual percent rise in CPI, not to exceed 4 %, and includes 3.75 FTEs
attorneys and 0.75 FTEs for investigative services. Under a 300 -case standard, compensation for
basic indigent services in 2015 shall not exceed $599,110 adjusted for the actual percent rise in
CPI, not to exceed 4 %, and includes 4.25 FTEs attorneys and 1 FTE for investigative services.
The cost will need to be included in the 2015 County Budget.
Approve Amendment No. 4 to the Public Defense Agreement as
proposed.
RE ED BY: ?
ilip Mo • ey, County A`dminis for Date
AMENDMENT NO. 4 TO THE PUBLIC DEFENSE AGREEMENT
By and Between
JEFFERSON ASSOCIATED COUNSEL And
JEFFERSON COUNTY
Purpose: The purpose of this Amendment No. 4 is to extend for 2014 and 2015 the provision
of mandated legal defense services to eligible persons charged with offenses or at risk of a loss
of liberty or liberty interest in the courts of Jefferson County, and to adjust the contract price for
increased workload required to represent the defendant, Michael Pierce, in State v. Pierce, 09 -1-
00058-7, which involves gravely serious offenses.
WHEREAS, on February 22, 2011, Jefferson County, a municipal corporation (herein
known as "County ") entered into an agreement ( "original agreement ") with Jefferson Associated
Counsel, a non -profit corporation (herein known as "JAC ") to provide criminal defense and
related services for indigent defendants and other persons facing commitment or incarceration in
Jefferson County; and
WHEREAS, the Scope of Services of the original agreement specifically excludes cases
in which the State seeks a special sentencing procedure pursuant to RCW 9.94A.030(33);
9.94A.570, or RCW 10,95,040, or which involves a gravely serious offense, including, but not
limited to, murder, sexually violent predator which might necessitate a disproportionately large
expenditure of attorney time for costs, but Paragraph T of Exhibit A Scope of Services of the
original agreement allows for the County to negotiate with JAC regarding the compensation for
representing the defendant in such a case; and
WHEREAS, RCW 10.101.005 mandates effective legal representation of indigent
persons consistent with the constitutional requirements of fairness, equal protection, and due
process; and
WHEREAS, on January 4, 2013, Jefferson County Superior Court appointed JAC to
represent Mr. Pierce as an indigent defendant in State v. Pierce, 09 -1- 00058 -7, which includes
two counts of Aggravated Murder and other serious violent felonies; and
WHEREAS, in order to provide effective representation for Mr. Pierce, additional
funding is appropriate to provide JAC the resources to represent Mr. Pierce; and
WHEREAS JAC will, in consideration for the payment amounts outlined in
Amendments #1, #2 and 43, continue to provide effective representation for Mr. Pierce; and
WHEREAS, on January 22, 2013, the County adopted Amendment No. I providing
additional funding for providing representation for Mr. Pierce by JAC through June 30, 2013,
said representation consistent with Standards 3.2, 3.4 and 3.6 of Washington State Supreme
Court Order No. 25700 -A -1004 and Order No. 25700 -A -1008 regarding cases involving serious
offenses; and
WHEREAS, on June 24, 2013, the County adopted Amendment No. 2, providing
continued funding for on -going representation for Mr. Pierce by JAC through August 31, 2013;
and
PUBLIC DEFENSE AGREEMENT MR 2011- 2015 - JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 1 of 15
WHEREAS, on July 29, 2013, the Jefferson County Superior Court issued a
Memorandum Opinion and Order Declaring Mistrial and Changing Venue, setting the venue for
a new trial in Kitsap County; and
WHEREAS, on August 26, 2013, the County adopted Amendment No. 3, providing
continued funding for on -going representation for Mr. Pierce by JAC through November 30,
2013; and
WHEREAS, the trial has been scheduled by Kitsap County Superior Court to start
February 24, 2014; and
WHEREAS, the County and JAC have negotiated funding terms for providing continued
representation for Mr. Pierce for the trial in Kitsap County Superior Court, consistent with
Standards 3.2, 3.4 and 3.6 of Washington State Supreme Court Order No. 25700 -A -1004 and
Order No. 25700 -A -1008 regarding cases involving serious offenses;
NOW, THEREFORE, the parties agree as follows:
Subsection 1.1 is amended to read as follows:
1.1 The Contract will become effective on March 1, 2011, and terminate on December
31, 2015.
2. Subsection 1.3 is amended to read as follows:
1.3 The public defense firm will continue to actively represent, faithfully and with due
diligence, all cases assigned under this Agreement and complete those cases which
remain pending following the termination of this Agreement; provided that, in the
event there is no contract between the County and public defense firm, the public
defense firm will not be obligated to continue representing cases beyond thirty (30)
days after termination pursuant to subsections 1.1 or 1.2, whichever is later, and the
County shall compensate the public defense firm at a reasonable fee established by
the Court for said outstanding cases.
3. Subsection 3.1 is amended to read as follows:
3.1 The County and the Contractor will each have a contract representative. A party
may change its representative upon providing written notice to the other party.
The parties' representatives are as follows:
COUNTY
Jefferson County
Philip Morley, County Administrator
1820 Jefferson Street
P.O. Box 1220
Port Townsend, WA 98368
(360) 385 -9100
pmorlevLdco.iefferson.wa.us
FOR 2011 -3015- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 2 of 15
PUBLIC DEFENDER
Jefferson Associated Counsel
Richard Davies, Director
624 Polk Street
Port Townsend, WA 98368
(360) 385 -5613
lac tni olympus.net
4. Subsection 4.2 is amended to read as follows:
4.2 Except as specifically allowed by this Contract, the total amount payable under
the Contract by the County to the Contractor for basic indigent services in no
event will exceed:
• Four Hundred Eight Thousand Four Hundred Fifty Three Dollars
($408,453.00) in 2011,
• Five Hundred Five Thousand Eight Hundred Fifty One Dollars ($505,851.00)
in 2012,
• Five Hundred Twenty Six Thousand Seven Hundred Eighty Eight Dollars
($526,788.00) in 2013,
• Five Hundred Forty Four Thousand Three Hundred Forty Nine Dollars
($544,349.00) in 2014, and
• Five Hundred Forty Four Thousand Three Hundred Forty Nine Dollars
($544,349.00) multiplied by the CPI ratio or 1.04, whichever is less, in 2015;
provided that,
o if the Washington State Supreme Court changes the standard for
Misdemeanor pre judgment defense and RALJ appeals to be 300 cases per
full time attorney effective January 1, 2015, then the amount for basic
indigent services in 2015 in no case will exceed Five Hundred Ninety
Nine Thousand One Hundred Ten Dollars ($599,110.00) multiplied by the
CPI ratio or 1.04 whichever is less.
Subsection 8.2 is amended to read as follows:
8.2. The Contractor will continue to actively represent, faithfully and with due
diligence, all cases assigned under this Agreement and complete those cases
which remain pending following the termination of this Agreement; provided that,
in the event there is no contract between the County and Contractor, the
Contractor will not be obligated to continue representing cases beyond thirty (30)
days after termination on December 31, 2015 or pursuant to subsection 8.1.,
whichever is later, and the County shall compensate the Contractor at a
reasonable fee established by the Court for said outstanding cases.
PUBLIC DEFENSE AGREEMENT FOR 2011- 2015 - JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 3 of 15
6. Subsection 14.7 is amended to read as follows
14.7. Entire Agreement. The parties acknowledge that this Contract as amended,
including referenced exhibits, is the complete expression of their agreement
regarding the subject matter of the contract. Any oral or written representations
or understandings not incorporated in the Contract are specifically excluded.
Exhibit A Scope of Services is amended as attached hereto, and is incorporated herein.
8. Exhibit B Compensation is amended as attached hereto, and is incorporated herein.
9. Except as set forth in this Amendment No. 4, all other terms of the original February 22,
2011, Public Defense Agreement as amended by the January 22, 2013, Amendment No.
1; the June 24, 2013, Amendment No. 2; and the August 26, 2013, Amendment No. 3
remain in full force and effect.
IN WITNESS WHEREOF:
Jefferson County and the Contractor have signed this contract amendment on the date noted:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
John Austin, Chair
Attest:
Date
Carolyn Avery Date
Deputy Clerk of the Board
Approved as to Legal Sufficiency Only:
David Alvarez D�
Deputy Prosecuting
D COUNSEL
z3 i
Date
2011- 2015 - JEFFERSON ASSOCIATED COUNSEL AND JEMRSON COUNTV 4 of 15
SCOPE OF SERVICES.
A. General Description.
EXHIBIT A
Contractor will provide legal representation in compliance with Chapter 10.101 RCW
and the Rules of Professional Conduct to all indigent defendants charged under
ordinances of the County and City of Port Townsend, and the laws of Washington State
who qualify for appointed counsel as appointed by the Court. The Contractor will provide
legal representation in Superior Court, Juvenile Court and District Court for certain
indigent defenders including:
• Adult Superior Court/Felony, including Drug Court;
• Juvenile and Family Court Offender and Civil matters, including but not limited to
Juvenile offenders, Juvenile civil matters including youth at risk, juvenile truancy,
juvenile dependency, guardianship, and family support contempt, Topside, and
Family Therapeutic Court;
• Adult District Court/Misdemeanant, including but not limited to persons faced
with jailable misdemeanor and traffic offenses commitments or incarcerations,
and RALJ appeals therefrom.
• Mental Health Court
The Contractor will provide legal representation for eligible defendants, from court
appointment or screening through trial, sentencing, post- conviction review and violations,
and any appeals to Superior Court. Such cases include domestic violence cases. The
Contractor, or subcontractor of the Contractor, will provide criminal defense services at
in- custody bail hearings, and will be available to talk and meet with indigent defendants
in the Jefferson County Jail. Said representation may be in person, or may include
telephonic or video proceedings.
This scope does not include:
• Civil matters for which a person is not legally entitled to counsel as a matter of
law;
• State Office of Public Defense - funded adult representation in dependency cases;
• Cases in which the State seeks a special sentencing procedure pursuant to RCW
9.94A.030(33); 9.94A.570, or RCW 10.95.040, or involves a gravely serious
offense, including, but not limited to, murder, sexually violent predator or an
unusually large number of defendants, as from a massive drug arrest, either of
which might necessitate a disproportionately large expenditure of attorney time
for costs, not contemplated within this Contract, except as otherwise provided in
Paragraph U. of Exhibit A and Paragraph A.5. of Exhibit B of this Agreement.
• Washington Appellate cases, except that as part of an existing case, the Contractor
shall assist clients in filing Notice of Appeal and initiate the process by which an
appropriate agency can arrange for appellate counsel.
PUBLIC DEFENSE AGREEMENT FOR2011- 2015 - JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 5 of 15
B. Caseload and Points Per Case.
2011 -2015. Pursuant to the Points per Case table below, the Contractor will provide indigent
defense for cases based on a total annual targeted caseload point value of 1,292 in 2011,
1,550 in 2012 and 2013, and 1500 in 2014 and 2015 (on a 400 point per attorney scale),
unless the Washington State Supreme Court changes the standard for Misdemeanor pre-
judgment defense and RALJ appeals to be 300 cases per full time attorney effective January
1, 2015, in which case Contractor will provide indigent defense for cases with a total annual
targeted caseload point value of 1,275 in 2015 (on a 300 point per attorney scale), as detailed
below.
Type
2011 -2013
Points per
Case
400 scale
2014 -2015
Points per
Case
400 scale
2015
Alternate
Points per
Case
300 scale
WF
Misdemeanors pre - judgment,
& RALJ appeals
1.00
1.00
1.00
Misdemeanors post - judgment
0.25
0.33
0.33
Juvenile Offenders pre judgment
1.60
1.60
1.20
Juvenile Offenders post - judgment
0.40
0.53
0.40
Open Juvenile Dependency
5.00
5.00
3.75
Juvenile Status Offenses
2.00
2.00
1.50
Felonies pre judgment
2.67
2.67
2.00
Felonies post-judgment
0.67
0.89
0.67
Civil Contempt
0.89
0.67
Drug /Mental Health Court & Topside
1.60
1.60
1.20
Civil Commitments
1.60
1.60
1.20
The total annual targeted caseload point value includes all cases assigned on or after March
1, 2011 and January 1 each year thereafter, as specified in this Contract and subsequent
contract, multiplied by their case -type point values, and summed for the calendar year.
For purposes of tracking caseload and cases above or below the caseload, the weighted
scale shown above (Points per Case) shall be used to assign a point value to each case
A 'base" is defined as the filing of a document with the court naming a person as
defendant or respondent, to which a public defense attorney is appointed in order to
provide representation.
Case count is defined by incident date. A single individual charged with several charges
arising from one event shall be counted as one case for caseload tracking purposes
although the charges are written on two or more citations, unless the charges are severed
for trial. Any series of events that are charged under a single cause number shall be
FOR 2011- 2015 - JEFFERSON ASSOCLITED COUNSEL AND JEFFERSON COUNTY 6 of 15
considered as one case for caseload tracking purposes although the events may have
occurred on different dates, unless the charges are severed for trial.
A case is counted when the Court screens the defendant for eligibility and appoints the
Contractor, or the Judge directly appoints the Contractor from the bench.
In recognition of various circumstances which can cause the termination of the public
defense firm's representation and /or the reappointment of a public defense firm to
represent a particular defendant with respect to a particular citation or cause number, the
following rules shall apply to determine how much credit on the "points per case" shall
be given to the firm or persons providing the County with indigent defense. This chart
applies to any termination of representation, including but not limited to the following
circumstances:
• Defendant hires his own attorney;
• Public defense firm must withdraw due to an ethical conflict of interest;
• Public defense firm is removed from a case; OR
• Public defense firm is reappointed although previously ceased representation after
earlier appointment for same Defendant (typically Defendant hired a private
attorney in between).
VENUE
tine -Fifth Credit fbr
Half Credit for
Fall Credit for
Points per Case
Points per Case
Points per Case
Superior Court
Up to and including initial
Up to and including
Upon successful
appearance or arraignment
completion of omnibus
dispositive motion, any
hearing or filing pretrial
suppression motions, final
motion.
pre -trial hearing, entry of
judgment, acquittal, or
termination from drug
court or mental health
court.
District Court
Up to and including initial
Up to and including pre-
Upon readiness completed,
appearance & arraignment
trial hearing or filing
successful dispositive
(generally synonymous)
pretrial motion
motion, any suppression
motions, pre -trial or trial
completed
Juvenile
Up to and including initial
Up to and including one or
Upon fact - finding,
appearance & arraignment
more pre -trial hearing OR
successful dispositive
(usually occur at same
filing pretrial motion
motion, or any suppression
time)
motions completed.
Civil
Counsel prepares and/or
Representation ends after
Representation through
Commitment
meets with client, but
72 -hour hearing.
additional confinement
representation ends before
hearing or less restrictive
72 -hour hearing.
alternative.
In any event, if the public defense firm's attorneys have done no work on the case, no
points shall be counted (for example, firm is appointed for a Civil Commitment, but the
client is transferred to another jurisdiction and representation ends before the 72 hour
hearing and before firm has done any work or met with the client, in which case no points
shall be counted).
PUBLIC DEFENSE ACRES WENT FOR 2011 -2015 - JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 7 of 15
The parties acknowledge an open question on how to interpret the Washington State
Standards for Indigent Defense as to therapeutic courts, especially Standard 3.6.B.iii. As
presently interpreted in this Agreement, representation of indigent defendants in
therapeutic court is additive to JAC's representation of the defendant in the underlying
case. Should the Office of Public Defense or Washington State Bar Association clarify
the standard such that therapeutic court may be counted as part of the underlying case, the
parties will promptly negotiate and execute an appropriate amendment to this agreement.
C. Screening. Determination of indigency for eligibility for appointed counsel for this
contract will be determined by the court. Should the Contractor determine a defendant is
not eligible for assigned counsel, the Contractor will so inform the court and move to
withdraw from the case.
D. Associated Counsel. Any counsel associated with or employed by the Contractor shall
have the authority to perform the services called for herein, and the Contractor may
employ associated counsel to assist at the Contractor's expense. The Contractor and all
associated counsel hired pursuant to this section shall be admitted to practice law
pursuant to the rules of the Supreme Court of the State of Washington. Sufficient counsel
shall be provided to represent defendants during vacation, illnesses, and simultaneous
settings in more than one courtroom.
E. The Contractor shall maintain a secure and private office accessible to clients where mail
is received and process is served and confidentiality preserved in Port Townsend or the
Tri -Area that will be open during regular business hours, said hours to be determined by
Contractor. The office shall be staffed by an attorney and a secretary /paralegal, who is
available for both office support and to assist the public in referrals to other agencies, and
for general consultation and advice. The Contractor must maintain a phone with
answering service or equipment so they are accessible to clients.
F. In addition, the office will provide an attorney to represent defendants in conformity with
CrRLJ 3.1 and CrR 3.1. To assist in the smooth operation of the courts, the Contractor's
office will provide counsel to represent defendants, even in the absence or unavailability
of a particular defendant's assigned counsel for scheduled court appearances.
G. The Contractor shall have adequate staff available to respond to emergency and non -
emergency calls 24 hours a day, 365 days a year. Such response is intended to satisfy
requests from arrested individuals asserting their right to speak with counsel.
H. Twenty -Four Hour Telephone Access. The Contractor shall provide and timely update as
necessary the Jefferson County Jail and JeffCom 911 Dispatch Center with the telephone
number or numbers at which the Contractor can be reached for critical -stage advice to
defendants during the course of police investigations and/or arrests twenty -four (24)
hours each day.
I. The Contractor will be available to appear in Court with the defendant.
PUBLIC DEFENSE AGREEMENT FOR 2011- 2015 - .JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 8 of 15
J. The Contractor shall not be assigned or accept a particular appointment if it would create
a true bona fide conflict of interest or would otherwise constitute an actual violation of
any generally recognized ethical or professional stands common and applicable to
attorneys in the state of Washington. The Contractor shall have the right, for good cause,
to decline to advise or represent, and, with consent and agreement of the Court and
pursuant to Court rule, to withdraw from representing any person in any case referred or
assigned to the Contractor.
K. The Contractor shall separately manage and account for all revenues and expenditures for
investigation; and shall be responsible for all expenses and fees for investigators utilized
in defense of cases assigned. County revenues for investigations shall only be used for
that purpose. Any investigation revenues from the County not utilized in one year shall
be carried over and be added to investigation funds available for use in the next. At the
end of services under the County contract, any investigation revenues remaining shall be
returned to the County. The Contractor may apply to the court, under exceptional
circumstances, for expert witness funds to be used for investigative services, subject to
the approval of the court.
L. Expert Witness, Investigator Fees. The County shall reimburse the Contractor for
reasonable expert witness and investigator fees if the court orders an expert witness upon
motion of the Contractor. The Contractor shall not incur expenses and fees for expert
witnesses without prior Court approval pursuant to applicable statutes and Court rules.
M. Discovery Provided. The County shall provide to the Contractor at no cost to the
Contractor or the defendant one (1) copy of all discoverable materials concerning each
assigned case with the exception of audio and video tapes which shall be made available
for inspection in accordance with rules for discovery. The copy may be electronic or
printed, at the sole discretion of the Prosecutor.
N. Standards for Public Defense Services. The Contractor shall comply with the standards
for public defense services as adopted as guidelines by the County by Ordinance No. 04-
0323-09 or subsequent County ordinance adopted pursuant to chapter 10.101 RCW, or as
may be adopted and required by the Washington State Supreme Court. The Contractor
shall submit an affidavit to the County Clerk, stating that the Contractor is in compliance
with such standards.
O. The Contractor and associated counsel will annually attend training approved by the
Office of Public Defense, continuing legal education in areas relating to their public
defense practice.
P. Staffing Levels. Throughout the term of the contract, the Contractor must provide a
sufficient number of attorneys to adequately staff appearances at Jefferson County
Superior, Juvenile and District Courts.
FOR 2011- 2015 - JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 9 of 15
Q. The County has been awarded a State Office of Public Defense (OPD) Public Defender
Improvement Grant in past years, and anticipates similar grants each year for the duration
of this Contract. Under this Contract, Contractor is a subrecipient and staffing levels in
this Contract include eight (8) attorney hours per week and twenty (20) investigator hours
per week, which constitute public defender improvements and which shall comply with
Washington State Office of Public Defense County /City Use of State Public Defense
Funding (as amended June 2008) attached as Exhibit C, or as subsequently amended
thereafter by the OPD.
R. Reporting. The Contractor shall file monthly reports with the County as an electronic
spreadsheet in Excel delineating each client the Contractor has been appointed to
represent in the year to date, including but not limited to the cause number(s), type of
case pursuant to this Contract, date of assignment, charge(s), each case's caseload points
pursuant to this Contract, court, assigned defense attorney, disposition, bench or jury
trial, and whether an appeal was filed. The monthly reports are due on or before the tenth
(10`h) day of each month.
The Contractor shall also file third and fourth quarter reports including a detailed year -to-
date expenditure report in a format consistent with the financial pro forma submitted as
part of the Contractor's proposal or as approved by the County; including, but not limited
to all personnel costs, overhead costs, rents and leases, and other costs directly associated
with the Contractor's office, a separate accounting of all revenues and expenditures for
investigative services and the amount to be carried over to the next year or returned to the
County at the conclusion of the contracted services, and a projected budget for the next
year. The fourth quarter report shall also list for each public defense attorney the number
and types of cases outside this scope and the number of hours billed or caseload points
equivalents. The third and fourth quarter reports are due on or before the tenth (10`h) day
after the end of each quarter (October l01h, January 10`h).
S. Expressly excluded from the scope of services of the contract between the Contractor and
Jefferson County is any legal work the Contractor may undertake in the civil arena for
persons it is representing on criminal matters. Such civil matters may include, but are not
limited to, legal representation relating to landlord - tenant, liens not arising from the
criminal matter, garnishment, worker's compensation, bankruptcy and all other aspects of
civil law. This exclusion applies even in those circumstances where the criminal matter
is allegedly related to or connected with the civil law assistance the public defense client
may seek or require.
T. In the event of appointment involving cases in which the State seeks a special sentencing
procedure pursuant to RCW 9.94A.030(33); 9.94A.570, or RCW 10,95,040, or involves a
gravely serious offense, including, but not limited to, murder, sexually violent predator or
an unusually large number of defendants, as from a massive drug arrest, either of which
might necessitate a disproportionately large expenditure of attorney time for costs, not
contemplated within this Contract, the County reserves the right to negotiate with
Contractor compensation for the case and /or the Court may appoint special counsel at
court expense and administration.
PUBLIC DEFENSE AGREEMENT FOR 2011 - 2015 - JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 10 of 15
U. Defense in State v. Pierce, 09 -1- 00058 -7. Pursuant to Paragraph T above regarding cases
which involve a gravely serious offense and pursuant to Court appointment, JAC shall
provide defense for Mr. Pierce in State v. Pierce, 09 -1- 00058 -7 through May 31, 2014, or
through termination of defense by JAC, whichever is earlier. The date for "termination of
defense" by JAC in State v. Pierce, 09 -1- 00058 -7 is defined for the purposes of this
Amendment to the original agreement as the earliest of the following: 1) sentencing of
Mr. Pierce based upon entry of a guilty plea by him in the court record, 2) completion of
a trial in Superior Court, including, but not limited to, resolution of the criminal charges
by a jury or, if convicted, sentencing of Mr. Pierce, or 3) the date when JAC's
representation of Mr. Pierce ends. This case shall not be counted against JAC's
contracted caseload points under the original agreement.
At a minimum, defense provided by JAC shall include Mr. Richard Davies dedicated as
first chair attorney at half time, a second chair attorney position at quarter time, the
equivalent of half time position combined between support and in -house investigator
services, and attendant office support/supplies. Should the hours necessary for defense in
State v. Pierce change significantly, either party may seek additional amendment(s) to
reflect the changed workload in an amount adjusted at a prorated rate. For representation
continuing from August 1, 2013 forward, the parties recognize there may be periods of
reduced activity and hours and agree to a prorated rate as described specifically in Sub -
Paragraph A.S. of Exhibit 13: Compensation.
Should the case continue in Superior Court past May 31, 2014, the parties will negotiate
and execute an appropriate amendment to extend representation, including an appropriate
level of compensation. Defense in State v. Pierce provided by JAC on or after January 4,
2013, is hereby ratified and considered to be work performed pursuant to this Agreement.
Any additional outside investigative services approved by the Court in State v. Pierce,
09 -1- 00058 -7 shall be paid separately from the terms of this agreement.
PUBLIC DEFENSE AGREEMENT FOR 2011- 2015 - .JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY t t of 15
EXHIBT B
COMPENSATION
A. 1. The Contractor agrees to perform the basic indigent defense services listed herein and
comply with all Contract terms and conditions for an annual payment in 2011, 2012,
2013, 2014 and 2015 as follows, provided that 2015 shall be compensated on a 400 scale,
unless the Washington State Supreme Court changes the standard for Misdemeanor pre-
judgment defense and RALJ appeals to be 300 cases per full time attorney effective
January 1, 2015, in which case Contractor will provide indigent defense and shall be
compensated as shown in the 2015 Alternate (on a 300 point per attorney scale):
Fee Schedule
2011
2412 -
2013
2014
2015
2015
Alternate
March I-
January l-
January 1-
January 1-
January 1-
January I-
December 31
December 31''
December 31
December 31
December 31
December 31
Targeted Annual
1,292
1,550
1;550
1,500
1,500
1,275
Caseload Points: :
caseload' points
caseload points
caseload points
' caseload points
caseload points
- caseload points
(400 scale)
(400 scale)
(400 scale)
(400 scale)
(400 scale)
(300 scale)
Annual Cost:
$381,812
j $472,995
$493,624
$510,405
= s510,405•CPl
= $553,851 *CPI
Attorney FTEs
3.75 FTEs
3.75 FTEs
3.75 FTEs
3.75 FTEs
3.75 FTEs
4.25 FTEs
assigned
annualized
annualized
annualized
annualized
annualized
annualized
In addition to and above the costs in the table above, the County shall pay Contractor for investigative
services for each year sufficient for each of the caseloads as follows:
Investigations
2011
2012
2013
2014
2015
2015
Fee Schedule
Alternate
March 1-
January 1-
January 1-
January 1-
January 1-
January 1-
December 31
December 31
December 31
December 31
December 31
December 31
Investigative
$26,641
$32,856
$33,164
$33,944
= $33,944 *CPI
= $45,259 *CPI
Services Cost:
Investigator FTEs
0.75 FTEs
0.75 FTEs
0.75 FTEs
0.75 FTEs
0.75 FTEs
1.0 FTEs
assigned:
annualized
annualized
annualized
annualized
annualized
annualized
CONTRACT
2011
2012
2013
2014
2015
2015
TOTAL
Alternate
March 1-
January 1-
January 1-
January 1-
January 1-
January 1-
December 31
December 31
December 31
December 31
December 31
December 31
Total Cost:
$408,453
$505,851
$526,788
$544,349
= $544,349 *CPI
= $599,110 *CPI
For computing costs for 2015, the CPI shall be computed as the ratio of CPI -W (Seattle)
August of 2014 . 239.343 [CPI -W (Seattle) August 2013]; provided however, that if the
CPI ratio is 1.04 or higher, 1.04 shall be used as the multiplier for 2015 costs.
PUBLIC DEFENSE AGREEMENT FOR 2411- 2015 - JEFFERSON ASSOCIATED COUNSEL AND .JEFFERSON COUNTY 12 of 15
The public defense firm shall separately manage and account for all revenues and
expenditures for Investigation Services; and shall be responsible for all expenses and fees
for investigators utilized in defense of cases assigned. County revenues for investigations
may only be used for that purpose. Any investigation revenues from the County not
utilized in one year shall be carried over and be added to investigation funds available for
use in the next. At the end of services under this Contract, any investigation revenues
remaining shall be returned to the County within 30 days. The public defense firm may
apply to the court, under exceptional circumstances, for expert witness funds to be used
for investigative services, subject to the approval of the court.
Compensation exclusive of Investigation Services shall be monthly calculated at 1/12`" of
a flat annual fee. No additional fees, costs, charges, telephone fees, paralegal fees,
delivery fees, or any other reimbursable expenses will be allowed. Reimbursement for
Investigation Services shall be monthly and shall be for actual, itemized, expenditures.
A monthly billing statement shall be submitted in the form specified by the County and
payment shall be reviewed for approval by the appropriate County representative.
Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing
statement.
4. The Contractor shall be responsible for complying with applicable standards at their sole
cost, unless mutually agreed to by the Contractor and the County.
Compensation for Defense in State v. Pierce, 09 -1- 00058 -7. For the period of January 1,
2013 through July 31, 2013, the County shall pay JAC $ 7,717 per month for defense in
State v. Pierce to provide the services and support listed in Paragraph U of Exhibit A of
this Agreement. Said compensation shall start January 1, 2013 and continue through July
31, 2013. The total compensation for this seven -month period shall not exceed $54,019.
For the months of August and December, 2013, , the County shall pay JAC $ 4,630.20
per month for defense in State v. Pierce, For the months of September, October and
November, 2013, the County shall pay JAC $1,929.25 per month for defense in State v.
Pierce. The total compensation for this five -month period shall not exceed $15,047.75.
For the months of January through May, 2014, the County shall pay JAC $7,717 per
month plus eligible mileage, lodging and meal costs for defense in State v. Pierce to
provide the services and support listed in Paragraph U of Exhibit A of this Agreement,
except that for any period during a sentencing phase of the case, should there be one
following a conviction or plea agreement, the County shall pay JAC $4,630.20 per
month, prorated by the number of days. Eligible mileage, lodging and meal costs shall be
documented and paid at rates pursuant to Appendix D — Travel & Transportation Policy
& Procedures of the adopted Jefferson County Personnel Administration Manual. As
such,
PUBLIC DEFENSE AGREEMENT FOR 2011- 2015 - JEFFERSON ASSOCIATED COUNSEL A.ND JEFFERSON COUNTY 13 of 15
• Mileage may be claimed for all travel in the conduct of this case from JAC offices
to and within Kitsap County (54.9 miles one -way from JAC offices to Kitsap
County Superior Court), consistent with Section 13.0 and Section 15.2 of the
County's Travel & Transportation Policy & Procedures. Mileage shall be
reimbursed at the standard county rate of $0.56 per mile;
• Reasonable lodging costs shall be reimbursed at cost, not to exceed $83.00 per
night per room;
• Actual meal costs are eligible for reimbursement when eaten while on Travel
Status, consistent with Section 8.0 of the County's Travel & Transportation
Policy & Procedures. Reimbursement for actual costs shall not to exceed the
following rates: $11.00 for Breakfast, $14.00 for Lunch and $21 for Dinner.
Reimbursement for alcoholic beverages is prohibited. Breakfast and/or Dinner
typically are eligible for reimbursement only when part of an overnight stay, or
when work hours extend more than three (3) hours beyond a normal work day;
• Requests for reimbursement for mileage, lodging and meal expenses shall be
documented and submitted using the appropriate Travel Expense Claim Forms
pursuant to Section 10.0 and 11.0 of the County's Travel & Transportation Policy
& Procedures.
Said compensation shall start January 1, 2014, and continue through May 31, 2014, or
termination of defense for State v. Pierce, whichever comes first. The total compensation
for this four -month period shall not exceed $38,585 plus reimbursed mileage, lodging and
meal costs.
Should the hours necessary for defense in State v. Pierce change significantly, either
party may seek additional amendment(s) to reflect the changed workload in an amount
adjusted at a prorated rate.
Invoicing for defense in State v. Pierce shall be pursuant to Paragraph C, below.
B. Adjustments for Contracted Caseload. The Contractor shall give the County Administrator 30
days notice of potential for exceeding the 103% of the targeted annual contracted caseload
point value. The total annual contracted caseload point value includes all cases assigned as
specified in this Contract and subsequent contracts, multiplied by their case -type point
values, and summed for the calendar year. It shall be the determination of the County
Administrator as to whether the total contracted caseload point value is exceeded. Cases
exceeding 103% of the targeted annual contracted caseload point value will be compensated
based on their point value and the firm's average cost and average investigation cost per
targeted point in that year. For additional cases, the County Administrator may also either:
1) assign alternate counsel (via the judges); or 2) execute a service agreement with an
additional qualified attorney or firm.
If the actual total annual caseload point value for any one year is less than 90% of the
targeted annual contracted point value for that year, the contracted caseload and
compensation for the succeeding year shall be decreased proportionately as measured from
90% of the targeted annual contracted point value for that year.
PUBLIC DEFENSE AGREEMENT FOR 2011- 2015 - JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 14 of t5
Should the City of Port Townsend withdraw from having Jefferson County provide for
indigent defense for municipal cases in District Court, the District Court caseload points and
compensation under this Contract shall be revised proportionately for the remainder of that
year and in following years.
In the event of appointment involving cases in which the State seeks a special sentencing
procedure pursuant to RCW 9.94A.030(33); 9.94A.570, or RCW 10,95,040, or involves a
gravely serious offense, including, but not limited to, murder, sexually violent predator or an
unusually large number of defendants, as from a massive drug arrest, either of which might
necessitate a disproportionately large expenditure of attorney time for costs, not
contemplated within this RFP, the County reserves the right to negotiate with the Contractor
compensation for the case and /or the Court may appoint special counsel at court expense and
administration.
C. Invoicing.
Invoices shall be monthly and may be submitted the month immediately proceeding each
month of work to be performed. Invoices shall be submitted to the County Administrator's
Office located at 1820 Jefferson Street, P.O. Box 1220, Port Townsend, WA 98368. The
County shall pay all valid invoices using its normal bill paying process.
PUBLIC DEFENSE AGREEMENT FOR 2011 -2015 - JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY 15 of 15