HomeMy WebLinkAboutJudy Chang - Amendment No. 2023-002 Agreement for Indigent Criminal Defense PSA
Amendment No. 2023-002 to Agreement for
Indigent Criminal Defense – Judy Chang- 1
AMENDMENT NO. 2023-002 TO
AGREEMENT FOR INDIGENT CRIMINAL DEFENSE
PERSONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 2023-002 is effective as of June 1, 2023, between the City of
Pasco, Washington (hereinafter “City”) and 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 attorneys an adjustment by
way of increase to the monthly compensation/per case/per-docket; and
WHEREAS, this 2023-002 Amendment to the Agreement for Indigent Criminal Defense
Services 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:
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, three hundred and fifty dollars ($350.00) 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 or partial day of trial. Trial does not include pre-
trial motions, separate sentencing proceedings, or time waiting for disposition.
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
Amendment No. 2023-002 to Agreement for
Indigent Criminal Defense – Judy Chang- 2
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:
2.4.1 Discovery. Discovery shall be provided in accordance with law and
Court Rule by the City Prosecutor.
Amendment No. 2023-002 to Agreement for
Indigent Criminal Defense – Judy Chang- 3
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 first,
the Attorney shall within five (5) business days email notification to the IDCA and
PI that no further investigation is necessary.
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Indigent Criminal Defense – Judy Chang- 4
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 30th day of
June, 2023.
CITY: ATTORNEY:
________________________________ ________________________________
Richa Sigdel, Deputy City Manager Judy Chang
Approved as to Form:
________________________________
Kerr Ferguson Law, PLLC
City Attorneys
Hsiu-Lin Chang, WSBA #39367