HomeMy WebLinkAbout062821_ca04 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, Central Services Director
DATE: June 28, 2021
SUBJECT: Further Amendment of Amended Public Defense Agreement:
Jefferson Associated Counsel
STATEMENT OF ISSUE: Jefferson Associated Counsel (JAC)has been providing constitutionally mandated
indigent defense services to residents of Jefferson County for many years. Their current agreement with the County
expires on June 30, 2021. The agreement specifies annual caseload point targets,which for 2020 was 1,125 caseload
points. The agreement also specifies that failure to achieve 90% of the caseload point target in a given year would
trigger a proportional reduction in the caseload target in the subsequent year. JAC's caseload point value for 2020 was
805.02, excepting the caseload value of the State versus Beckmeyer murder case,whose caseload value must be
separately negotiated as it is not covered by the existing agreement.
Ninety percent of the 2020 caseload target of 1,125 is 1,012.5,which means JAC's caseload count of 805.02 triggers
the subsequent year reduction, regardless of the caseload value of the Beckmeyer case. Our analysis of caseload data
for 2018 through 2020 shows significant caseload reductions in March,April and May and then again in four fall
months. These reductions correlate with the Covid-19 pandemic spring lockdown and the fall surge in Covid-19 cases.
JAC should not be held accountable for caseload point reductions related to the pandemic.
ANALYSIS: JAC, like many other local commercial and non-profit enterprises,has been adversely affected by the
Covid-19 pandemic. They are an important part of the Jefferson County law and justice system and ensure that the
County meets its constitutional obligations to provide an adequate defense to indigent persons. To help sustain JAC
during these difficult times we propose to reduce JAC's contractual obligation for 2020 to 831 caseload points and
2021 to 416 caseload points with no change in compensation. Caseload value for the Beckmeyer of 51.3 added to
their more routine caseload count for 2020 gives them a total of 856.32 caseload points, avoiding the subsequent year
reduction trigger. In essence, this becomes a CARES Act grant of sorts. The attached amendment to the Amended
Public Defense Agreement achieves this result.
FISCAL IMPACT:
This request has no fiscal impact.
RECOMMENDATION:
Staff recommends that the Board make a motion approving the proposed Amendment to the Amended Public Defense
Agreement with Jefferson Associated Counsel reducing the 2020 and 2021 caseload count targets.
REVIEWED BY:
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Mark McCaul Interim County Ad istrator ate
AMENDMENT TO THE AMENDED PUBLIC DEFENSE AGREEMENT
BETWEEN JEFFERSON ASSOCIATED COUNSEL AND JEFFERSON COUNTY
This Amendment to the Public Defense Agreement dated June 20, 2016, as amended is
made and entered into by and between Jefferson Associated Counsel and Jefferson County, a
political subdivision under the laws of the State of Washington ("Jefferson County"),
(collectively "Parties") for the extension of the contract term and to adjust the compensation
payable under the agreement.
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of Emergency
in all Counties in Washington State to due to the public health emergency caused by the COVID-
19 virus; and
WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public
Health Order to control and prevent the spread of the COVID-19 virus; and
WHEREAS, on March 11, 2020, the World Health Organization declared the outbreak
of COVID-19 to be a pandemic; and
WHEREAS, on March 16, 2020, the Jefferson County Board of Commissioners
approved a Declaration of Emergency due to the COVID-19 Pandemic; and
WHEREAS, on March 23, 2020, Governor Jay Inslee signed Proclamation 20-25
declaring that a State of Emergency continues to exist in all Counties in Washington State due
to COVID-19; and that his prior proclamations are amended and superseded by a Proclamation
to impose a Stay Home— Stay Healthy Order throughout Washington State, which prohibits all
people in Washington State from leaving their homes or participating in social, spiritual and
recreational gatherings of any kind regardless of the number of participants, and all non-essential
businesses in Washington State from conducting business, within the limitations provided in
Proclamation 20-25; and
WHEREAS, Proclamation 20-25 has been amended several times, most recently in
Proclamation 20-25.12, issued on January 11, 2021, which makes clear that Proclamation 20-25
remains in effect until rescinded; and
WHEREAS, Jefferson Associated Counsel's case load has been negatively impacted by
COVID-19 but it needs a level of funding for its attorneys; otherwise,they will be forced to find
employment elsewhere and there will not be sufficient attorneys available to represent indigent
persons in Jefferson County; and
WHEREAS, RCW 38.52.070(2) grants to counties in which a disaster occurs,the power
to enter into contracts and incur obligations necessary to combat such disaster, protecting the
health and safety of persons and property, and providing emergency assistance to the victims of
such disaster; and
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WHEREAS, the economic support provided to Jefferson Associated Counsel pursuant
to this Agreement and RCW 38.52.070(2) is necessary and appropriate given Jefferson
Associated Counsel's critical role in providing constitutionally mandated indigent defense
services in Jefferson County in the time of COVID-19, where a bridge is required until the health
emergency is abated; and
WHEREAS, the Parties want to amend the Public Defense Agreement entered into
between them;
NOW, THEREFORE,the Parties agree as follows:
1. Purpose. The purpose of this Amendment to Public Defense Agreement is to
revise the Public Defense Agreement between the Parties. All terms of the Public Defense
Agreement between the Parties remain unchanged, except as modified in this Amendment.
2. Amendment.
a. Current language in the first paragraph of Section B. of Exhibit A is amended to
read: "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 1,125 for 2019, 831 for 2020
and 416 for January 1, 2021 through June 30, 2021 on a standard of 300 points per full time
attorney(except for 2020 and the first six months of 2021 which is 207.75 points per full time
attorney). The total annual targeted caseload point value includes all cases on or after January
1, 2019 and January 1 each year thereafter, as specified in this Contract and any subsequent
contract, multiplied by their case-type point values, and summed for the calendar year."
b. Current language in Paragraph A.1 of Exhibit B—COMPENSATION is
amended to read: "The Contractor agrees to perform the indigent defense services listed in
Table 3 and herein, and shall comply with all Contract terms and conditions for an annual
payment in 2019, 2020 and 2021 as follows (on a 300 Misdemeanor pre judgment defense and
RALJ appeals cases per attorney point scale):
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Year: 2019 2020 2021
January 1- January 1- January 1-
December 31 December 31 June 30
Targeted Annual Caseload 1,125 831 416
Points: caseload points caseload points caseload points
(300 scale) (300 scale) (300 scale)
Legal Services Cost: $ 659,678 $ 688,605 $ 344,303
Attorney FTEs: 4.0 FTEs 4.0 FTEs 4.0 FTEs
annualized annualized annualized
Investigative Services Cost: $ 51,315 $ 53,977 $ 26,988
Investigator FTEs: 1.00 FTEs 1.00 FTEs 1.00 FTEs
annualized annualized annualized
CONTRACT TOTAL: $710,993 $ 742,582 $ 371,291
Investigative services cost above is in addition to legal services cost, and shall compensate
Contractor for investigative services for each year sufficient for the targeted annual caseloads."
(SIGNATURES FOLLOW ON NEXT PAGE)
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FOR Jefferson Associated Counsel:
Richard Davies
Date
FOR JEFFERSON COUNTY:
Kate Dean, Chair Board of County Commissioners
Date
APPROVED AS TO FORM ONLY:
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
June 23, 2021
Date
Attest:
Carolyn Gallaway Date
Clerk to the Board
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