HomeMy WebLinkAbout070714_ca18JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrato
DATE: July 7, 2014
RE: Agreement, Amendment No. 5 to the Public Defense Agreement, in the
Amount of up to $42,057.65 plus reimbursed costs for defense in State v. Pierce
in 2014; Jefferson County Administrator; Jefferson Associated Counsel
STATEMENT OF ISSUE: Board of County Commissioner approval is requested for
Amendment No. 5 to the Public Defense Agreement with Jefferson Associated Counsel. This
will provide for continued indigent defense of Michael Pierce in State v. Pierce (case 09 -1-
00058-7) in 2014.
ANALYSIS: A new trial in State v. Pierce 09 -1- 00058 -7 has been set to start in Kitsap County
Superior Court in October. 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 came first, so representation for Mr.
Pierce must now be extended. Because the trial venue is Kitsap County, provisions are made to
reimburse for eligible mileage, lodging and meal costs for the defense team pursuant to County
policies in the adopted Jefferson County Personnel Administration Manual.
FISCAL IMPACT: Compensation in 2014 for defense in State v. Pierce shall not exceed
$42,057.65 plus eligible reimbursed mileage, lodging and meal 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 third and/or fourth quarter of 2014.
RECOMMENDATION: Approve Amendment No. 5 to the Public Defense Agreement as
proposed.
REVIEWED BY.•-'�
"C-2
Morky). ount Aid i istrator
Date
AMENDMENT NO. 5 TO THE PUBLIC DEFENSE AGREEMENT
By and Between
JEFFERSON ASSOCIATED COUNSEL And
JEFFERSON COUNTY
Purpose: The purpose of this Amendment No. 5 is to adjust the contract price through
December 31, 2014, 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, #3, #4 and #5, continue to provide effective representation for Mr. Pierce;
and
WHEREAS, on January 22, 2013, the County adopted Amendment No. 1 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
AMENDMENT NO. 5- PUBLIC DEFENSE AGREENMNT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNT Page I of
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, on January 27, 2014 the County adopted Amendment No. 4, to extend for
2014 and 2015 the public defense Agreement with Jefferson Associated Counsel, and to adjust
the contract price for increased workload required to continue representing through June 30,
2014, the defendant, Michael Pierce, in State v. Pierce, 09 -1- 00058 -7, as the trial was scheduled
by Kitsap County Superior Court for early 2014; and
WHEREAS, in March, 2014, that trial of Mr. Pierce ended in a mistrial as affirmed in a
written court order on April 18, 2014; and
WHEREAS, a new trial has been scheduled by Kitsap County Superior Court to start in
October, 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:
1. Paragraph U. in Exhibit A Scope of Services is further amended to read as follows:
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 December 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
AMENDMENT NO. 5- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 2of5
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.5. of Exhibit B: Compensation.
Should the case continue in Superior Court past December 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.
2. Paragraph A.5 in Exhibit B Compensation is further amended to read as follows:
5. 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,
• 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;
AMENDMENT NO. 5- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUVSY Page 3 of
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.
For the months of June and August, 2014, the County shall pay JAC $4,630.20 per month
for defense in State v. Pierce. For the month of July, 2014, the County shall pay JAC
$1,929.25 for defense in State v. Pierce. For the months of September through
December, 2014, the County shall pay JAC $7,717 per month plus eligible mileage,
lodging and meal costs for defense in State v. Pierce, 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.
Said compensation shall start June 1, 2014, and continue through December 31, 2014, or
termination for defense for State v. Pierce, whichever comes first. The total
compensation for this seven -month period shall not exceed $42,057.65, 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. Eligible mileage, lodging
and meal costs shall be documented and paid as set forth above.
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.
AMENDMENT NO. 5- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 4 of
3. Except as set forth in this Amendment No. 5, 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; the August 26, 2013, Amendment No. 3; and the
January 27, 2014 Amendment No. 4 remain in full force and effect.
APPROVED and signed this day of July, 2014.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
John Austin, Chair
Attest:
Date
Carolyn Avery Date
Deputy Clerk of the Board
Approved as to Legal Sufficiency Only:
kaj 63e/ I
David Alvarez Dale
Deputy Prosecuting Attorney
ASSOCIATED COUNSEL
I j
( 3p 1
Davies
Date
AMENDMENT NO. 5- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSONCOUNTY Page 5 of