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C AMENDMENT NO.5 TO THE PUBLIC DEFENSE AGREEMENT <br />By and Between <br />JEFFERSON ASSOCIATED COUNSEL And <br />JEFFERSON COUNTY <br />Purpose: The purpose of this Amendment No. 5 is to adjust the contract price through <br />December 31, 2014, for increased workload required to represent the defendant, Michael Pierce, <br />in State v. Pierce, 09 -1- 00058 -7, which involves gravely serious offenses. <br />WHEREAS, on February 22, 2011, Jefferson County, a municipal corporation (herein <br />known as "County ") entered into an agreement ( "original agreement') with Jefferson Associated <br />Counsel, a non -profit corporation (herein known as "JAC ") to provide criminal defense and <br />related services for indigent defendants and other persons facing commitment or incarceration in <br />Jefferson County; and <br />WHEREAS, the Scope of Services of the original agreement specifically excludes cases <br />in which the State seeks a special sentencing procedure pursuant to RCW 9.94A.030(33); <br />9.94A.570, or RCW 10,95,040, or which involves a gravely serious offense, including, but not <br />limited to, murder, sexually violent predator which might necessitate a disproportionately large <br />expenditure of attorney time for costs, but Paragraph T of Exhibit A Scope of Services of the <br />original agreement allows for the County to negotiate with JAC regarding the compensation for <br />representing the defendant in such a case; and <br />WHEREAS, RCW 10.101.005 mandates effective legal representation of indigent <br />persons consistent with the constitutional requirements of fairness, equal protection, and due <br />process;and <br />WHEREAS, on January 4, 2013, Jefferson County Superior Court appointed JAC to <br />represent Mr. Pierce as an indigent defendant in State v. Pierce, 09 -1- 00058 -7, which includes <br />two counts of Aggravated Murder and other serious violent felonies; and <br />WHEREAS, in order to provide effective representation for Mr. Pierce, additional <br />funding is appropriate to provide JAC the resources to represent Mr. Pierce; and <br />WHEREAS JAC will, in consideration for the payment amounts outlined in <br />Amendments #1, #2, #3, #4 and #5, continue to provide effective representation for Mr. Pierce; <br />and <br />WHEREAS, on January 22, 2013, the County adopted Amendment No. 1 providing <br />additional funding for providing representation for Mr. Pierce by JAC through June 30, 2013, <br />said representation consistent with Standards 3.2, 3.4 and 3.6 of Washington State Supreme <br />Court Order No. 25700 -A -1004 and Order No. 25700 -A -1008 regarding cases involving serious <br />offenses; and <br />WHEREAS, on June 24, 2013, the County adopted Amendment No. 2, providing <br />continued funding for on -going representation for Mr. Pierce by JAC through August 31, 2013; <br />and <br />AMENDMENT NO. 5-PUBLIC DEFENSE AGREEME NT- JEFFERS ON ASSOCIATED COUNSEL AND JEFFERSON COUNTY Page I of <br />