Loading...
HomeMy WebLinkAbout041717_ca05Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Jefferson County Board of Commissioners FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney DATE: April 17, 2017 RE: Contract for Special Deputy Prosecuting Attorney for Appellate Counsel in State of Washington vs. Michael Pierce STATEMENT OF ISSUE: Appellate counsel is needed to assist the Prosecuting Attorney's Office ("PAO") in the appeal of State of Washington vs. Michael Pierce. FISCAL IMPACT: $2,500.00 for the preparation and filing of the Answer to the Petition for Review If review is granted, the County agrees to pay the Special Deputy an additional fee of $4,000.00 for the preparation and filing of the Supplemental Brief and the presentation of the oral argument at the Supreme Court. RECOMMENDATION: The PAO recommends approval of the contract. The County Administrator recommends approval of the contract (with the revisions made). REVIEWED BY: l; ip Morl y, C�unty rristr or Date SPECIAL DEPUTY — APPEALS AGREEMENT This Agreement is entered into by and between the Jefferson County Prosecuting Attorney's Office, hereinafter referred to as the "County," and the law office of Glisson & Morris, P.S., hereinafter referred to as the "Special Deputy." The parties agree as follows: Section 1. Special Deputy Appointment. The County will appoint Jeremy A. Morris from the firm of Glisson & Morris, P.S. as a Special Deputy Prosecutor pursuant to RCW 36.27.040. The County shall be responsible for filing the Special Deputy Appointment with the Jefferson County Auditor's Office, as required by RCW 36.27.040. The present Agreement shall cover all work done in the following matters: State of Washington vs. Michael Pierce, in the Supreme Court for the State of Washington. Section 2. Duties of the Special Deputy. The Special Deputy shall be responsible for the following with respect to these matters: 1. Filing a Notice of Appearance, if the County so requests. 2. The preparation and filing of the Answer to the Petition for Review and any necessary motion or response that may arise in this appellate case. 3. If review is granted, the preparation and filing of a Supplemental Brief, and appearing and presenting the oral argument at the Supreme Court if the County so requests. 4. All services provided by the Special Deputy under this agreement shall be performed in accordance with the Rules of Professional Conduct as well as any applicable statutes regarding the conduct of prosecuting attorneys, deputy prosecutors, or special deputy prosecutors. Section 3. Duties of the County. The County shall be responsible for the following with respect to these matters: 1. Providing copies of any reasonably necessary documents from the Prosecutor's case file or the Superior Court file. 1 Special Deputy — Appeals Agreement between Jefferson County and Glisson & Morris, P.S. Regarding State v. Michael Pierce 2. Obtaining and paying for any reasonably necessary additional transcripts if the opposing side has not ordered those transcripts. If the Special Deputy feels that certain additional transcripts are needed he shall inform the County of this and provide a brief explanation of why the transcripts are necessary and an estimate on their cost. 3. The County shall pay any costs that are billed by an appellate court in this case, including the copying costs that Appellate Court typically charges when briefs are filed electronically. 4. If the Defendant prevails and is awarded costs as a result, the County shall pay these costs. These costs are outlined in RAP 14.3 and typically include the costs associated with the preparation or transcripts and the briefs as well as filing fees and copying charges that were billed by the appellate court. Section 4. Compensation. A. State of Washington vs. Michael Pierce, in the Supreme Court of the State of Washington The County agrees to pay the Special Deputy a fee of $2,500.00 for the preparation and filing of the Answer to the Petition for Review (as described in Section 2.2 above). If review is granted, the County agrees to pay the Special Deputy an additional fee of $4,000.00 for the preparation and filing of the Supplemental Brief and the presentation of the oral argument at the Supreme Court. The scope of work for the appellate cause number outlined above does not include any Personal Restraint Petitions that may arise out of the same Superior Court case; nor does this agreement cover any filings that are made with the Federal Courts or the United States Supreme Court. Thus, if the Defendant files a PRP, a federal suit, or seeks further review from the United States Supreme Court, the County and the Special Deputy will need to amend this Agreement. In short, this Agreement shall apply only to the actual appeal in this case in the Supreme Court for the State of Washington. Section 5. Indemnification and Insurance. The County will defend, indemnify and hold the Special Deputy harmless for services rendered in connection with this agreement, provided the Special Deputy acts within the course and scope of his appointment. The Special Deputy shall maintain a professional liability insurance policy of at least $500,000. 2 Special Deputy — Appeals Agreement between Jefferson County and Glisson & Morris, P.S. Regarding State v. Michael Pierce Section 6. County's Right to Terminate this Agrreement. As the County must maintain the ability to control all aspects of the prosecution of criminal cases, the County may terminate this agreement at any time. If at the time of termination, however, the Special Deputy shall have already begun work on this appeal, the Special Deputy shall be entitled to the full compensation outlined above unless both parties come to a different agreement regarding what shall constitute fair compensation for the work performed prior to termination. Furthermore, the County has the right to revoke the Special Deputy Appointment at any time. Section 7. Parties' Rights to Modify this Agreement. No change, amendment, or modification of any provision of this agreement shall be valid unless set forth in a written instrument and signed by each of the parties. Section 8. Dispute Resolution, Venue, and Governing Law. Differences between the parties arising under this agreement shall be brought to the County's attention at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. In the event that litigation should arise concerning the construction or interpretation of any terms of this agreement, the venue of such action of litigation shall be in the Jefferson County Superior Court of the State of Washington. Moreover, this agreement shall be governed by the laws of the State of Washington. The rights and remedies of the parties, as set forth in any provision of this agreement are in addition to and do not in any way limit the other rights and remedies afforded to the parties by operation of law. Section 9. Other Agreements. The Special Deputy further agrees he will not appear as a criminal defense attorney in any cases in Jefferson County, nor will he appear as opposing counsel in any civil cases involving where Jefferson County is a named party, nor will he appear as opposing counsel in any other cases where the Jefferson County Prosecutor (or a deputy) have appeared as a counsel of record. The County, however, hereby waives any potential conflict of interest that might arise by the Special Deputy appearing in a criminal or civil case where the State of Washington is a party, so long as that case does not occur in Jefferson County or involve any actual participation by the Jefferson County 3 Special Deputy — Appeals Agreement between Jefferson County and Glisson & Morris, P.S. Regarding State v. Michael Pierce Prosecutor's Office or its employees. Section 10. Agreement Not Enforceable by Third Parties. This Agreement is neither expressly nor impliedly intended for the benefit of any third party and is neither expressly nor impliedly enforceable by any third party. Section 11. Work Product. All writings, public records, or other materials prepared by the Special Deputy in connection with the performance of this agreement shall be the property of the County, and shall be sent to the County for retention. Section 12. Severability. If any term or condition of this agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications that can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this agreement are declared severable. Section 13. Waiver. Waiver of any breach or condition of this agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this agreement shall be held waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. Section 14. Survival. The provisions of Section 5 and Section 11 shall survive, notwithstanding termination or invalidity of this agreement for any reason. 4 Special Deputy — Appeals Agreement between Jefferson County and Glisson & Morris, P.S. Regarding State v. Michael Pierce THE PARTIES hereby indicate their agreement to the terms and conditions set forth hereinabove by their authorized signatures below. Dated this _ day of , 2017. Michael E. Haas Jefferson County Prosecuting Attorney P.O. Box 1220 Port Townsend, WA 98368 Phone: (360) 385-9180 Fax: (360) 385-0073 Kathleen Kler, Chair County Commissioner Dist. 3 County Commissioner Dist. 1 David Sullivan County Commissioner Dist. 2 Special Deputy — Appeals Agreement between Jefferson County and Glisson & Morris, P.S. Regarding State v. Michael Pierce Jeremy Aaron Morris Glisson & Morris, P.S. 569 Division Street, Suite C Port Orchard, WA 98366 Phone: (360) 519-3500 Fax: (360) 519-3511