HomeMy WebLinkAbout120715_ca15JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: December 7, 2015
RE: Agreement, Amendment No. 6 to the Public Defense Agreement, in the
Amount of up to $312,765 for January 1 — June 30, 2016; Jefferson County
Administrator; Jefferson Associated Counsel
STATEMENT OF ISSUE: Board of County Commissioner approval is requested for
Amendment No. 6 to the Public Defense Agreement with Jefferson Associated Counsel (JAC).
This amendment assigns case points for JAC's indigent defense of Evan Thompson in 2015 and
2016 in State v. Evan Thompson, 15-1-100-6, which involves a gravely serious offense (Murder
in the Second Degree, a Class A Felony), and extends the Agreement to cover the period January
1, 2016 through and including June 30, 2016.
ANALYSIS: JAC's existing indigent defense contract runs from March 1, 2011 through
December 31, 2015. Amendment #6 extends JAC's contract through the first half of 2016,
during which period the County will issue a new competitive Request For Proposals and select a
contractor who will provide indigent defense for the next several years under a new contract.
In addition, on July 28, 2015, Jefferson County Superior Court appointed JAC to represent
EvanThompson as an indigent defendant in State v. Evan Thompson, 15-1-100-6, which includes
a count of Murder in the Second Degree, a gravely serious offense. The existing agreement
allows for the County to negotiate with JAC regarding the compensation for representing the
defendant in such a case. Amendment #6 finds that JAC has sufficient capacity within its
existing staffing to provide effective representation to Mr. Thompson in State v. Evan
Thompson, and in recognition of the level of effort the case represents, assigns it a case point
equivalent of 10 felony pre judgment cases, within the existing agreement case point system.
FISCAL IMPACT: Compensation to JAC for providing indigent defense services from
January 1, 2015 through June 30, 2015 is up to $312,765.
RECOMMENDATION: Approve Amendment No. 6 to the Public Defense Agreement as
proposed.
REVIE D BY:
flip Morle ounty AdpifnisEiator Date
AMENDMENT NO. 6 TO THE PUBLIC DEFENSE AGREEMENT
By and Between
JEFFERSON ASSOCIATED COUNSEL And
JEFFERSON COUNTY
Purpose: The purpose of this Amendment No. 6 is to extend through June 30, 2016, 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 caseload
count to accurately reflect the workload required to represent the defendant, Evan Thompson, in
State v. Evan Thompson, 15-1-100-6, which involves a gravely serious offense (Murder in the
Second Degree, a Class A Felony).
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 July 28, 2015, Jefferson County Superior Court appointed JAC to
represent Mr. Thompson as an indigent defendant in State v. Evan Thompson, 15-1-100-6, which
includes a count of Murder in the Second Degree, a gravely serious offense; and
WHEREAS, Jefferson Associated Counsel has adequate capacity and resources under
this Agreement to provide effective representation for Mr. Thompson in State v. Evan
Thompson, with an appropriate amendment to this Agreement to credit Jefferson Associated
Counsel with a proportionate number of caseload points for this case; 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
AMENDMENT NO. 6- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page I of
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
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, through December 31, 2015, the public defense Agreement with Jeffersop
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, on July 7, 2014, the County adopted Amendment No. 5, to provide for
continued representation for Michael Pierce in State v. Pierce, 09-1-00058-7, through December
31, 2014 or its termination, whichever came first, and further adjusting the contract price for the
workload for that case; and
WHEREAS, the County will be issuing an open competitive Request For Proposals for a
new contract for Indigent Defense, which term will begin July 1, 2016; and Jefferson Associated
Counsel has agreed to continue to provide for indigent defense through June 30, 2016; and
WHEREAS, the County and JAC have negotiated terms for extending Indigent Defense
services under this Agreement from January 1, 2016 through June 30, 2016, and have negotiated
terms for providing representation for Mr. Thompson in State v. Evan Thompson, 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. The Parties preamble of this Agreement is amended as follows:
Parties: This Contract for Professional Services (the Contract) is entered into by Jefferson
County, a political subdivision and municipal corporation of the State of Washington,
having its principal offices at P.O. Box 1220, Port Townsend, WA 98368 (hereinafter
"County") and Jefferson Associated Counsel, a non-profit corporation having its principal
offices at 624 Polk Street, Port Townsend, WA 98368 (hereinafter "Contractor").
2. Subsection 1.1 is amended to read as follows:
1.1 The Contract will become effective on March 1, 2011, and terminate on June 30,
2016.
AMENDMENT NO. 6- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Paget of
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,
• Six Hundred Eleven Thousand Nine Hundred Forty Six Dollars ($611,946.00)
in 2015, and
• Three Hundred Twelve Thousand Seven Hundred Sixty Five Dollars
($312,765.00) in 2016 for January 1 through June 30, 2016.
4. 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 June 30, 2016 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.
5. A new Paragraph V. is added to Exhibit A Scope of Services of this Agreement as amended,
as follows:
V. Defense in State v. State v. Evan Thompson, 15-1-100-6. Pursuant to Paragraph T
above regarding cases which involve a gravely serious offense and pursuant to Court
appointment, JAC shall provide defense for Mr. Thompson, 15-1-100-6, through June
30 2016, or through termination of defense by JAC, whichever is earlier. The date for
"termination of defense" by JAC in State v. Thompson, 15-1-100-6 is defined for the
purposes of this Amendment to the original Agreement as the earliest of the following:
1) sentencing of Mr. Thompson 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.
Thompson, or 3) the date when JAC's representation of Mr. Thompson ends. This case
shall be counted against JAC's contracted caseload points under this Agreement as the
equivalent of ten (10) felony pre judgment cases, each worth 2 case points on a 300
point scale.
AMENDMENT NO. 6- PUBLIC DEFENSE AGREEMENT- JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 3 of
6. Paragraph A.1 of Exhibit B Compensation is amended as follows:
A. 1.1 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
2012
2013
2014
2015
2015
Alternate
March 1-
January 1-
Jm ary I-
Jaouary 1-
Jawary 1-
JanUM (-
December 31
Deeember 31
December 31
December 31
December 31
December 31
Targeted Annual
1,292
1,550
1,550
1,500
1,500
1275
Caseload Points:
",.a"'Haunts
caseloA points
msgoA points
caseload points
�eloA pointe
maloA points
(400 scale)
(400 scale)
(400 scale)
(400 scale)
(400 scale)
(300 scale)
Annual Cost:
$351,812
5472,995
S493,624
S510,405
S521,341
5565,717
Attorney FTEs
3.75 FTEs
3.75 FTEs
3.75 FTEs
3-75 FTEs
3.75 FTEs
415 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
2D15
2015
Fee Schedule
Alternate
Much 1-
Jammy I-
Jaamry 1-
Jammy -
Jamany I-
Jamlay I-
Deember 31
Dumber 31
Deomber 31
Deeemha 31
Deo®aber 31
Decmaber 31
Investigative
$26,641
$32,856
533,164
$33,944
$34,671
546,229
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
-
amlay -
Jamey I-
Jammy I-
Jamauy -
J --Y 1-
Deember 31
Deoember 31
Deemlou 31
Decmber 31
Dermher 31
Decmber 31
Total Cost:
6403,453
$505,951
$526,799
$544,349
6556,012
5611,946
1.2 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 2016 as follows
(on a 300 Misdemeanor pre judgment defense and RALJ appeals cases per attorney point
scale):
AMENDMENT NO. 6 -PUBLIC DEFENSE AGREEMENT -JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 4of5
Except as set forth in this Amendment No. 6, 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; the January
27, 2014 Amendment No. 4; and the July 7, 2014 Amendment No. 5 remain in full force
and effect.
APPROVED and signed this
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
Attest:
Date
Carolyn Avery Date
Deputy Clerk of the Board
day of December, 2015.
JEFFERSON ASSOCIATED COUNSEL
LK � L_ I
2 -
chard Davies Date
Approved as to Legal Sufficiency Only:
1123
D 1
avid Alvarez D to
Deputy Prosecuting Attorney
AMENDMENT NO. 6- PUBLIC DEFENSE AGREEMENT -JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 5 of
2015 Alternate
January I -December 31
2016
January I -June 30
Legal Services Fee Schedule
Targeted Caseload Points:
1,275 caseload pts/yr
(300 scale)
638 caseload pts/6 mos
300 scale
Attorney FTEs assigned
4.25 FTEs annualized
4.25 FTEs annualized
Monthly Legal Cost:
$ 47,144
$ 48,060
Investigations Fee Schedule
In addition to and above the costs in the table above, the County shall pay Contractor for actual
investigative service costs per Section 2 below, up to the following amounts:
Investigator FTEs assigned;
1.0 FTEs annualized
1.0 FTEs annualized
Monthly Investigative Service
Cost up to:
$ 3,852
$ 4,068
CONTRACT TOTAL
Total Monthly Cost up to:
S 50,996
$ 52,128
Total Annual Cost up to:
$611,952
for 1 year
$312,768
for 6 months
Except as set forth in this Amendment No. 6, 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; the January
27, 2014 Amendment No. 4; and the July 7, 2014 Amendment No. 5 remain in full force
and effect.
APPROVED and signed this
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
Attest:
Date
Carolyn Avery Date
Deputy Clerk of the Board
day of December, 2015.
JEFFERSON ASSOCIATED COUNSEL
LK � L_ I
2 -
chard Davies Date
Approved as to Legal Sufficiency Only:
1123
D 1
avid Alvarez D to
Deputy Prosecuting Attorney
AMENDMENT NO. 6- PUBLIC DEFENSE AGREEMENT -JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page 5 of