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Home My WebLink AboutJudy Chang - Amendement No. 2023-001 to Agreement for Indigent Criminal Defense PSAAMENDMENT NO.2023-001 TO AGREEMENT FOR INDIGENT CRIMINAL DEFENSE PERSONAL SERVICES AGREEMENT BY THIS AMENDMENT NO. 2023-001, entered into this 31 day of December, 2022, between the City of Pasco, Washington (hereinafter "City") and Hsiu-Lin (Judy) Chang (hereinafter "Attorney"). WHEREAS, the City provides indigent defense services to individuals who have been certified for representation in criminal charges before the Pasco Municipal Court (hereinafter "Municipal Court"); and WHEREAS, Attorney is a licensed Attorney in good standing in the State of Washington who has been selected to perform services to indigent defense clients under contract with the City; and WHEREAS, the City has discussed with its contract defense attorney's an adjustment by way of increase to the monthly compensation/per case/per-docket; and WHEREAS, this 2023-001 Amendment to the Agreement for Indigent Criminal Defense Services is proposed to be amended consistent with staff s discussions with its contract defense attorney's as detailed below; and WHEREAS, the City Council after being made fully aware of the facts and after careful consideration of this issue has agreed to provide additional compensation, as provided in this Amendment, to account for this accelerated case -cap date; and WHEREAS, the City has adopted the standards for public defense (hereinafter "Standards") pursuant to the requirements of RCW 10.101.030. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: Section 1. That Section 2, "Compensation" shall be and hereby is amended and shall read as follows: 2. Compensation. 2.1 The City shall pay to the Attorney on a monthly basis, for services rendered under this Agreement, two hundred and seventy dollars ($270.00) per case as defined in Section 2.2. In addition, to the per case payment, Attorney shall receive three hundred dollars ($300.00) per day for each day of trial. Trial does not include pre-trial motions, separate sentencing proceedings, or time waiting for disposition. Amendment No. 2023-001 to Agreement for Indigent Criminal Defense — Judy Chang- 1 The City shall pay to the Attorney, on a monthly basis, in addition to the above compensation, for services rendered under this agreement, Three Hundred Dollars and 00/100 ($300.00) for the Attorney's rotational on -call month. It is understood by the parties that the anticipated call volume per month should approximate five (5) calls, and in the event call volume exceeds seven (7) calls per month, this compensation amount may be modified by subsequent written agreement signed by both parties. Payments shall be calculated and made on a monthly basis, payable only after City receives and approves invoice from Attorney, who shall submit invoice for each month after the last day of said month. Payment shall be made not later than thirty (30) days after the receipt of invoice, subject to approval of invoice by City. 2.2 Case Counts. For the purpose of this Agreement, a "case" is defined as the filing of a document with the Court naming a person as a defendant or respondent to which an attorney is appointed in order to provide representation. Included as a single case are multiple citations arising out of or related to the same incident or event occurring on not more than two separate dates as determined by the Court at the time of appointment, and on amendments to such charges including contempt of Court or bail jumping for failure to appear for trial or hearings. For the purpose of this Agreement, post -conviction sentencing modification requests by the defendant within ninety (90) days of sentencing shall not be counted as an additional case. The maximum cases for which defense services shall be provided during any 12-month period during the term of this Agreement shall be 320 cases as calculated and certified by the Attorney in accordance with the Standards. Under no circumstance shall caseload exceed 400 cases in any given 12-month period, nor at any time shall Attorney or any attorney performing services under this Agreement manage a caseload, including cases assigned pursuant to this Agreement and taken outside of this Agreement, in excess of the limits set by the Standards or by other applicable law. Upon adoption of a case weighting criteria by the Supreme Court, pursuant to Standard 3.5, the City reserves the right to revise the case count to maximum cases permitted under such schedule as approved by the Supreme Court and adopted by the City, which adoption shall not affect the terms of this Agreement. 2.3 Base Compensation. Except as expressly provided in Section 2.5 below, Attorneys shall be responsible for paying all administrative expenses of their office or firm. Such administrative expenses may include but not limited to law libraries, financial accounting, legal assistance, case management systems, support staff, computers, telephones and telephone services, photocopiers, the cost of all infrastructure administrative, computerized legal research, support and systems as well as standard overhead services necessary to comply with the established standards is included in the base payment provided in Section 2.1 above. 2.4 Payments in Addition to the Base Compensation. The City shall pay the following case expenses when reasonably incurred and approved by the Municipal Court or Indigent Defense Contract Administrator from funds available for that purpose: Amendment No. 2023-001 to Agreement for Indigent Criminal Defense — Judy Chang- 2 2.4.1 Discovery. Discovery shall be provided in accordance with law and Court Rule by the City Prosecutor. 2.4.2 Preauthorized Non -Routine Expenses. Non -routine case expenses requested by Attorney must be first authorized by order of the Municipal Court or approval of the Indigent Defense Contract Administrator. Unless the services are performed by Attorney's staff or subcontractors, non -routine expenses include, but are not limited to: (i) Medical and psychiatric evaluations; (ii) Expert witness fees and expenses; (iii) Interpreters for languages not commonly spoke in the City or interpreters for services other than attorney/client communication; (iv) Forensic and other scientific tests; (v) Investigation expenses; (vi) Social Workers; (vii) Mitigation Experts; (vii) Any other non -routine expenses the Municipal Court or Indigent Defense Contract Administrator finds necessary and proper for the investigation, preparation, and presentation of a case. 2.4.3 Lay Witness Fees. Lay witness fees and mileage incurred in bringing defense witnesses to Court, but not including salary or expenses of law enforcement officers required to accompany incarcerated witnesses; 2.4.4 Records. Medical, school, birth, DMV, and other similar records, and 911 and emergency communication recordings and logs. 2.4.5 Process Service. The reasonable cost for the service of a subpoena. 2.4.6 Private Investigation Services. The Attorney agrees to make all requests for private investigation services to the Indigent Defense Contract Administrator (IDCA). On appropriate cases, the IDCA will appoint a Private Investigator (PI) to assist the Attorney. Attorney shall provide facts on the case to the PI so he/she can provide effective investigation services. Attorney shall cooperate and communicate with the PI. Upon final disposition of the case or upon completion of the requested private investigation services whichever occurs Amendment No. 2023-001 to Agreement for Indigent Criminal Defense — Judy Chang- 3 first, the Attorney shall within five (5) business day email notification to the IDCA and PI that no further investigation is necessary. 2.5 Renegotiation Due to Change in Rule or Standard. This Agreement may be renegotiated at the option of either party if the Washington State Supreme Court, the Washington State Bar Association, or the City significantly modifies the Standards for Indigent Defense adopted pursuant to Court Order or City Resolution. 2.6 Recusal. In the event that the Attorney is unable to accept an assignment, due to conflict or otherwise, the Attorney shall provide immediate notice to the Court of the conflict and the Court shall assign the case to Conflict Counsel. In the event the Attorney is unable to accept or perform assigned indigent defense cases for more than five percent (5%) of the assigned cases during any 12-month period, the City may terminate this Agreement. Section 2. All remaining terms and conditions not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the 29 day of December 2022 CITY: i, Director Administrative & Community Services fir` #V% Approved as to Form: err Fer aw, PLLC City orneys Amendment No. 2023-001 to Agreement for Indigent Criminal Defense — Judy Chang- 4 ATTORNEY: Hsiu-Lin Chang