HomeMy WebLinkAboutEric Scott - Amendment to PSA for Indigent Criminal DefenseAMENDMENT NO.2023-001 TO
AGREEMENT FOR INDIGENT CRIMINAL DEFENSE
PERSONAL SERVICES AGREEMENT
BY THIS AMENDMENT NO.2023-001, entered into this 3111 day of December, 2022.
between the City of Pasco, Washington (hereinafter `City") and Eric Scott (hereinafter
"Attorney").
WHEREAS, the City provides indigent defense services it) individuals who have been
certified for representation in criminal charges before the Basco Municipal Court (hereinafter
'Alunicipal 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 Mth its contract defense attorney's an adjustment by
way of increase to the monthly compensation/per caselr-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 0-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 hiITTUAL COVENANTS
CONTAINED HEREIN, it, is agreed as follow;
Section I. That Section 2, "Compensation" shall be and hereby is amended and shall
read as follows:
2. Compensation_
2.l 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. 2023-00 t to Agmetere:nt for
Indigent Criminal Defense — Eric Scott - 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, -,lobo shall submit invoice for each
monthh 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 Co", For the purpose of this Agreement, a "case" is defined as the
tiling; 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. Includod 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 req-bests by the defendant within ninety (90)
clays 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 250 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, not at any time shall Attorney or any attorney performing
services under this Agreement manage a caseload, including cases assigned pursuant to
Ns 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 Cite reserves the right to revise the case
count to maximurn 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
Agrcerne=nL
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 sendces. phou"piers. the cost of all infra -structure
administrative, computeri7ed legal research, support and systems as well as standard
overhead services necessary to comply with the established standards is included in tb,e
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
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2.4.1 Discovery. Discovery shall be provided in accordance with law
and Court .Mule by the City Prosecutor.
2.4.2 Preauthori7ed 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;
(`-ii) Any other nova -routine expenses the Municipal Court or Indigent
Defense Contract Administrator finds necessary and proper for the investigation,
preparation, and presentation ofa case.
2.4.3 Lav Witness Fees_ Lay witness fees and mileage incurred in
bringing defense Aitnesscs to Court, but Pot including salary or expenses of larw
enforcement officers required to accompany incarcerated witnesses;
2.4.4 Records. Medical, school, birth, DM'V, and other similar records,
and 911 and emergency communication tecordings and logs,
2.4.5 Process Service. -he reasonable ccfst for the service oI, a
subpoena.
2.4.6 Private Investigation Services. The Attorney agrees to mare all
requests for private investigation services to the Indigent Defense Contract
Administrator (WA). On appropriate cases, the IDCA will appoint a private
Investigator (PI) to assist the .Attorney. Attorney shall provide facts on the case to
Amendment No. 2023-001 to Agreement for
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the PI so he/she can provide effective investigation services. Attorney shall
cooperate and communicate with the PI_ Upon final disposition of the e or
upon completion of the requested private investigation ser.�ices whichever occurs
first, the Attorney shall within hive (5) business day email notification to the
IDCA and PI that net 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 ltecusal. In the event that the Attorney is uoable to accept an assignment,
due to conflict or otherwise, the Attomey 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 here3A itll shall remain in
full force and effect.
IN WITNESS WHEREOF, the parities have executed this Agreement on the day
of MQ , 2023.
CITY:
,0,� 01 /Z 5
Director
AL r inistr-�ative & Community Services
V7�" 1Fv-,
Approved as to Form:
Kerr /Fergus aw, PLLC
City Auofficys
Amendment No. 2023-001 to Agreement for
Indigent Criminal Defense — Eric Scott - 4
ATl"OR�EY:
F
Eric Scott