HomeMy WebLinkAboutMark Cano Amendment No. 2023-001 Probation Deferred Dispostion PSA
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AMENDMENT NO. 2023-001 TO
AGREEMENT FOR INDIGENT CRIMINAL DEFENSE FOR PROBATION CASES
AND ASSIGNED DEFERRED DISPOSITION CASES
PERSONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 2023-001 is effective as of June 1, 2023, between the City of
Pasco, Washington (hereinafter “City”) and Mark Cano (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 attorneys 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
for Probation Cases and Assigned Deferred Disposition Cases is proposed to be amended
consistent with staff’s discussions with its contract defense attorneys 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:
2. Compensation.
2.1 The City shall pay to the Attorney on a monthly basis, for services rendered
under this Agreement one hundred and twenty-five dollars ($125.00) per case as defined
in Section 2.2.
2.2 Case Counts. For the purpose of this Agreement, a “case" is defined as the
assignment of a case by the Court naming a person as a defendant or respondent to which
an attorney is appointed to represent the defendant in a contested probation or a deferred
disposition hearing. Contested deferred disposition hearings are cases placed on a Deferred
Prosecution, a Deferred Sentence or a Stipulated Order of Continuance, in which the Court
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is seeking revocation and sentencing for violation of the terms or conditions of the deferred
disposition. 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. The maximum cases for which defense services shall be
provided during any 12-month period during the term of this Agreement shall be 300 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:
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;
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(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 property 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 Copying Client Files. The cost, if it exceeds $150.00, of providing
one copy of a client's or former client's case file upon client's or client's appellate,
post-conviction relief or habeas corpus attorney's request, or at the request of
counsel appointed to represent the client when the client has been granted a new
trial;
2.4.5 Copying Direct Appeal Transcripts for RALJ Appeals. The cost, if
it exceeds $100.00, of making copies of direct appeal transcripts for representation
in post-conviction relief cases. Attorney is limited to no more than two copies.
2.4.6 Records. Medical, school, birth, DMV, and other similar records,
and 911 and emergency communication recordings and logs; and
2.4.7 Process Service. The reasonable cost for the service of a subpoena.
2.4.8 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 first,
the Attorney shall within five (5) business days 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
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the 30th day of
June, 2023.
CITY: ATTORNEY:
________________________________ ________________________________
Richa Sigdel, Deputy City Manager Mark Cano, Cano Law, PLLC
Approved as to Form:
________________________________
Kerr Ferguson Law, PLLC
City Attorneys