HomeMy WebLinkAboutGlisson & Morris, PS - 041717C) q1 r 7
CC 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.
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 Agreement.
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 ModiftY his 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
THE PARTIES hereby indicate their agreement to the terms and conditions set forth hereinabove by their
authorized signatures below.
Dated this P -day of O _ `�1 2017.
Michael E. Haas
Jefferson County Prosecuting Attorney
P.O. Box 1220
Port Townsend, WA 98368
Phone: (360) 385-9180
Fax: (360) 385-0073
(X�ydAb�hr.�
Kathleen Kler, Chair
County Commissioner Dist. 3
K- Q'-
�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
Jeremyon Morris
Glisson orris. P.S.
569 DiAsIon Street, Suite C
Port Orchard, WA 98366
Phone: (360) 519-3500
Fax: (360) 519-3511
k 544
CONTRACT WITH:
CONTRACT FOR:
CONTRACT REVIEW FORM ip ;? - /'I
TERM:
COUNTY DEPARTMENT:,.
For More Information Contact:
Contact Phone #:r
RETURN TO:�2
RETURN BY:
(Person in Department)
1
AMOUNT: ,tinj5 C19 Z> , / 5,w,,` iv-
PROCESS:
Revenue: N/A
Expenditure: N/A
Matching Funds Required: N/A
Sources(s) of Matching Funds N/A
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW BY RI A ,%
Review by:
jk— Date Reviewed:
91 APPROVED FORM Li Returned for revision (See Comments)
Comments �c -c-.b -,
Step 2: REVIEW BY PROSECUTI ATTORNEY
Review by:
Date Reviewed:
APPROVED AS TO FORM Re ed fd revision (See Comments)
Comments Me. Aorrrse. 1we•P .4�k5 ' bAOIX,1(7 4`,,,.w X25
it, eW aAla Alu,s f fd..
tep 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPRPVAL ✓
Submit originals aHyl 9 copies of Contract, Review Fornl, and Agenda Bill to BOCC Office.
Place "Sign Here' markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Philip Morle
From: Philip Morley
Sent: Monday, January 30, 2017 11:42 AM:D
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To: Michael Haas
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Subject: Risk Review comments - Agreement with Jeremy Morris
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Mike, thank you for preparing the Agreement with Jeremy Morris. I would suggest a few correctionsitions.
M.
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below are in ut/underline format:
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• Section 4. Compensation. Modify ne t to last sentence as follows:
"Thus, if the Defendant files a PR a federal suit, or seeks further review from the United States
Supreme Court, the County a d ecial Deputy will need to Rd the of weFl- utilizing g the
amend this Agreement."
Reason: Section 1 does not reference "other work as assigned."
• Section 5. Indemnification and Insurance. Do we want to require Mr. Morris to maintain vehicle insurance for
when he is traveling for this case, wherein his insurance will be primary, and County's noncontributory? If so,
we could use some of our boilerplate insurance provisions.
• Section 9.Oth r Agreements. I believe your intent would be to modify 2nd paragraph as follows:
"The C unty, however, hereby waives any potential conflict of interest that might arise by the Special
Deput aprij�ngin a criminal or civil case where t State of Washington is a party, so long as the case
does n t o i Jefferson Count "
y .... n
• Section 11. Work Product. Suggest we edit as follows
"...shall be property of the County, and y shall be sent to the County for
retention."
Reason: If there are records Mr. Morris creates that need retention, we should include a requirement upfront in
this Agreement for Mr. Morris to provide them to us. It is extra work for us to request the records, and creates
unnecessary liability that we might forget to do so.
I'll sign off for Risk Mgmt based on these changes being made by your office, and route the originals back to you. Thanks
again for preparing the Agreement.
Philip
Philip Morley
Jefferson County Administrator
Pmorlev@co.iefferson.wa.us
(360) 385-9100 x-383
This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW
42.56. Additionally, all email to and from the county is captured and archived by Information Services.
Consent 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:
,nty opMorleyDate