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HomeMy WebLinkAbout110821ca05 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Julie Shannon,Executive Secretary II DATE: November 8,2021 SUBJECT: AGREEMENT NO. GRT22044 re: Limited Public Defense Grant Funds for Blake Representation; In the Amount of$19,321; Jefferson County Superior Court; Washington State Office of Public Defense STATEMENT OF ISSUE: An offer to share limited funding was given to Jefferson County by the Washington State Office of Public Defense for Blake Representation. The OPD has fiscal year 2021 —2022 funds that are not otherwise obligated and have offered the grant amount of$19,321 for representation of individuals seeking to obtain orders to vacate felony convictions or have felony resentencing hearings pursuant to State vs. Blake, 481 P.3D 521 (2021). ANALYSIS: Jefferson County allocation has been calculated in proportion to their convictions for possession for controlled substance (RCW 69.50.4013) since 1999, based on data provided by the Washington State Caseload Forecast Council. This grant is one time only, does not create an entitlement, and does not obligate OPD to future expectations. FISCAL IMPACT: The acceptance of this available Limited Public Defense Grant Funds for Blake Representation in the Amount of$19,321 will provide reimbursement for these obligations. RECOMMENDATION: Confirmation has been received that Jefferson County Prosecuting Attorney, James Kennedy, Jefferson County Clerk, Ruth Gordon & Jefferson County Superior Court Administrator are in support of this Limited Public Defense Grant Funds for Blake Representation, in the Amount of$19,321; Jefferson County Superior Court; Washington State Office of Public Defense. REVIEWED BY: /aid,./4' ...1 ,e....o. �C �/ Mark McCauley, terim County Administrat Date 2 W �? 'Z/889 ' WASHINGTON STATE OFFICE OF PUBLIC DEFENSE (360) 586-3164 Email: opd@opd.wa.gov Larry Jefferson, Director FAX (360) 586-8165 MEMORANDUM TO: County Officials FROM: Larry Jefferson, Director ;::...:j 63_ DATE: October 28, 2021 RE: Agreement for Blake Public Defense Funding for Calendar Years 2021 and 2022 Thank you for your application for State v. Blake public defense grants from the Washington State Office of Public Defense (OPD). Enclosed for your review is the agreement governing these funds. If you wish to accept these funds,please sign and return the attached Agreement to nicole.dodge@opd.wa.gov no later than December 1,2021. OPD will thereafter send you a fully executed copy, and issue your county its payment, per the preference you indicated in your grant application, using the Statewide Vendor Number you provided in your application. (Please notify us in writing us as soon as possible if a different Statewide Vendor Number should be used.) As you know, the Washington State Legislature appropriated these funds for OPD to help assist counties with resentencing and/or vacating convictions under State v. Blake. See Engrossed Substitute Senate Bill 5092, Chapter 334, sec. 116, Laws of 2021 On February 25, 2021. Because these funds have a very specific purpose, the attached agreement includes corresponding conditions. Thus,this agreement may look a little different than previous agreements your county has had with OPD. Please read the enclosed agreement carefully. Additionally, you may be aware that there is funding available to counties through the Administrative Office of the Courts(AOC) for Blake work. The OPD funds that are the subject of this agreement are separate and distinct from the AOC Blake funds. Likewise, you may also be receiving grant agreements at this time for OPD's 10.101 RCW funds for 2022. These 10.101 funds are also separate and distinct from the funds that are the subject of this agreement. OPD looks forward to partnering with you in this important and exciting work. If you have any questions, please contact Grace O'Connor at grace.oconnor@opd.wa.gov or 360-586-3164 x 151. Justice 1 Service 1 Equity 1 Excellence 711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504-0957 1 Agreement No. GRT22044 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1 Recipient 2. Recipient Representative Jefferson County Carolyn Gallaway P.O Box 1220 Clerk of the Board Port Townsend, WA 98368 Jefferson County Board of County Commissioners P.0 Box 1220 Port Townsend, WA 98368 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Grace O'Connor PO Box 40957 Managing Attorney Olympia, WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Distribution Amount 6. Use Period $19,321.00 July 1, 2021 through December 31, 2022 7. Purpose Distribution of funds for the purpose of assisting counties with public defense costs related to resentencing and/or vacating sentences for defendants whose convictions or sentences are affected by the State u Blake decision, 481 P.3d 521 (2021).See Engrossed Substitute Senate Bill 5092, Chapter 334, sec. 116(5), Laws of 2021. The Office of Public Defense (OPD) and Recipient, as defined above, acknowledge and accept the terms of this Agreement and attachments and execute this Agreement as of the date the last signatory signed. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: Special Terms and Conditions, and General Terms and Conditions. FOR RECIPIENT FOR OPD Kate Dean,Chair, Board of County Commissioners Larry Jefferson, Director Date Date Approved as to Form Only: November 1, 2021 1 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney SPECIAL TERMS AND CONDITIONS 1. AGREEMENT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Agreement. b. The Representative for Recipient and their contact information are identified on the Face Sheet of this Agreement. 2. DISTRIBUTION AMOUNT The Distribution Amount is nineteen thousand three hundred twenty-one and 00/100 Dollars ($19,321.00)to be used for the purposes described in the USE OF FUNDS below. 3. DEFINITIONS a. "Blake Client(s)"means a person who is indigent under RCW 10.101.010 and whose conviction and/or sentence is affected by the State v. Blake decision, 197 Wn.2d 170,481 P.3d 521 (2021). Nothing in this definition should be read to limit a County's ability to provide provisional counsel pursuant to RCW 10.101.020(4). b. "Blake Cases"means post-conviction cases potentially impacted by State v. Blake to which indigent counsel is assigned. c. "Blake Attorney" means an attorney or attorneys assigned by Recipient to handle Blake cases on behalf of Blake Clients. d. "Supervised Blake Client(s)" means Blake Client(s)who are serving a sentence affected by the Blake decision under the Washington State Department of Corrections,whether such sentence is being served in a DOC facility or on community custody. e. "Vacating convictions" means remedying an erroneous, unconstitutional,and void conviction. 4. USE OF FUNDS a. Recipient shall use the funds to provide post-conviction defense representation to Blake Clients on Blake Cases.The Washington State Legislature, in Chapter 334,sec. 116(5), Laws of 2021, expressly directed that these state funds be used to assist in resentencing and/or vacating sentences under the State v. Blake decision. b. Recipient shall use the funds for the following purposes for defense representation of Blake Clients on Blake Cases: i. Defense attorney compensation; ii. Compensation of defense attorney support staff; iii. Defense investigation; iv. Defense attorney and defense attorney support staff compensation for time spent reviewing and classifying Blake Clients and Blake Cases to ensure that individuals most immediately needing relief are prioritized for appointment of counsel; v. Managing/supervising attorney time supervising Blake attorneys and staff; vi. Management, attorney, and paralegal time to coordinate and deliver Blake efforts; vii. Mitigation viii. Travel costs related to Blake defense work; ix. Costs incurred by defense counsel for communicating with Blake Clients or potential Blake Clients in correctional facilities; x. Costs associated with community outreach for Blake defense services; and 2 xi. Other related expenditures not listed in this section, but approved and authorized in writing by OPD staff. c. Recipient agrees that representation of Blake Clients for resentencing shall count as at least one-third of a felony case for purposes of measuring defense attorney caseloads and certifying compliance to the Washington Supreme Court's Standards for Indigent Defense in Superior Court Criminal Rule 3.1. d. Recipient agrees that counsel will be assigned to indigent individuals currently serving sentences affected by the State v. Blake decision (hereinafter, "Supervised Blake Clients"). Nothing in this clause should be read to limit a County's ability to provide provisional counsel pursuant to RCW 10.101.020(4). Recipient further agrees that i)funds will be used to compensate defense attorney time in ii) regularly reviewing data provided by OPD to identify Supervised Blake Clients serving sentences imposed in Recipient county. Recipient agrees its Blake attorney(s)will make reasonable efforts to contact Supervised Blake Clients following such review with all reasonable speed to explain the individual's options for resentencing and/or vacation under Blake and the process in Recipient County to request appointed counsel. Recipient shall establish, in consultation with its Blake attorney(s), a minimum number of Supervised Blake Clients who shall be contacted regarding resentencing and/or vacation under this subsection each month. e. Recognizing that convictions can curtail individual liberty by depriving people of important interests like jobs and housing, Recipient agrees that these funds will be used for defense costs related to vacating convictions imposed under former RCW 69.50.4013 and precursor statutes in Recipient's county for Blake Clients not currently serving a sentence. Recipient agrees to begin identifying Blake Clients not currently serving a sentence and eligible for vacation by January 1, 2022. Recipient shall establish by April 1, 2022, and in consultation with its Blake attorneys, a process by which Blake Clients may choose to i) petition for vacation order(s) pro se or ii) petition for vacation orders with the assistance of defense counsel if requested. Nothing in this clause prevents Blake attorney(s)from working collaboratively with courts and prosecuting attorney offices to establish such a process. Further, nothing in this clause prevents a Recipient's Blake attorney(s)from establishing an additional process in coordination with courts and/or prosecuting attorney offices by which agreed vacation orders are filed for identified Blake Clients who have not yet initiated contact with courts and/or prosecutors and/or defense. f. Recipient shall use the funds in calendar year 2021 and/or calendar year 2022. If Recipient is unable to use the funds by December 31, 2022, Recipient shall notify OPD to determine what action needs to be taken. Unused funds not expended at the end of the use period, or any subsequent amendment to the use period, must be returned to OPD. g. Recipient shall deposit the funds check within 14 days of receipt. 5. OVERSIGHT a. Recipient shall provide quarterly reports in substantially the same form as the template attached as Attachment A,containing the following information on the following schedule: i. Report contents: 1. The amount of funds spent to date; 3 2. A brief narrative description of the services provided (including how Blake cases are identified and prioritized, process for appointing counsel,challenges faced, and what worked well); and 3. Aggregate number of Blake cases completed in the quarter. Reported data must include: a. The number of clients represented on DOC community custody; b. The number of clients represented who are incarcerated at DOC; and c. The number of clients not currently serving PCS sentences whose PCS convictions were vacated. ii. Report schedule: 1. October through December 2021 (due January 31, 2022); 2. January through March 2022 (due April 30, 2022); 3. April through June 2022 (due July 31, 2022); 4. July through September 2022 (due October 31,2022) b. OPD reserves the right to conduct sight visits. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement,the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and court rules b. Special Terms and Conditions c. General Terms and Conditions 4 GENERAL TERMS AND CONDITIONS 1. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"29 CFR Part 35. Recipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations,state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement,shall be transferred or assigned by Recipient without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Agreement, in the event of litigation or other action brought to enforce Agreement terms,each party agrees to bear its own attorney fees and costs. 6. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, Recipient shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, Recipient shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Agreement. 10. LAWS Recipient shall comply with all applicable laws, ordinances,codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, Recipient shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of Recipient's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy,this Agreement may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that Recipient fails to perform this Agreement in accordance with state laws,federal laws, and/or the provisions of the Agreement, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 5 13. RECORDS MAINTENANCE Recipient shall maintain all books, records, documents, data and other evidence relating to this Agreement. Recipient shall retain such records for a period of six (6)years following the end of the Agreement period. If any litigation, claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to Recipient's performance under this Agreement shall be subject at all reasonable times to inspection, review,and audit by OPD,the Office of the State Auditor, and slate officials so authorized by law, in order to monitor and evaluate performance,compliance, and quality assurance under this Agreement. Recipient shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 16. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing. 6 Attachment A Washington State Office of Public Defense 2021-2022 State v. Blake Funding Grant Quarterly Report All Blake funding grant recipients are required to submit a completed copy of this report to the Washington State Office of Public Defense according to the following schedule: • Quarter 1: October-December 2021 due January 31, 2022 • Quarter 2:January-March 2022 due April 30, 2022 • Quarter 3:April-June 2022 due July 31, 2022 • Quarter 4:July-September 2022 due October 31, 2022 • Quarter 5: October-December 2022 due January 31, 2023 County: Y Reporting Quarter: (Please select) Date: Contact Name, Title: Email: Phone: Address: 1. How much of the total grant funds awarded has been spent to date? $ 2. In the space below or in an attachment, include a brief narrative description of the services provided using the awarded funds.The narrative should include how Blake cases are identified and prioritized, process for appointing counsel, challenges faced, and what worked well. 3. Please provide the aggregate number of Blake cases completed this quarter for: a. Clients represented on DOC community custody: b. Clients represented who are incarcerated at DOC: c. Clients not currently serving sentences whose convictions were vacated: "Completed cases" means cases in which a resentencing or vacation order was entered for a client.