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HomeMy WebLinkAboutEric Scott - Amendment No. 2023-002 Agreement for Indigent Criminal Defense PSAAMnNDMENT NO. 2023-002 TO AGREEMENT FOR INDIGENT CRIMINAL DHFENSE PERSONAL SERVICES AGREEMENT TIIIS AMENDMENT NO. 2023-002 is effective as of June 1, 2023, between the City of Pasco, Washington thereinafter "City") and Eric Scott ¢ereinafter "Attorney). WIIEREAS, the City provides indigent defense services to individuals who have been certified for representation in criminal charges before the Pasco Municipal Court (hereinafter`"uricipal Court"); and WIIEREAS, 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 WIIEREAS, the City has discussed with its contract defense attorneys an adjustment by way of increase to the monthly compensation/per case/Perrdocket; and WIIEREAS, 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 WIIEREAS, 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 WIIHREAS, the City has adopted the standards for public defense thereinafter"Standards') pursuant to the requirements of RCW 10.101.030. NOW, THEREFORE, IN CONSIDERATION 0F THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follow: Section 1. That Section 2, "Compensation" shall be and hereby is amended and shall read as follows: 2. Comnensation. 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 tinie 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 - Eric Scott - i 00/100 ($300.00) for the Attomey'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, payal]le 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 receint of invoice, subject to approval of invoice by City. 2.2 Case counts. Forthe 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 changes including contempt of Court or bail jumping for failure to appear for trial or hearmgs. 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 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, 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 comDensation. Except as expressly provided in section 2.5 below, Attorneys shall be responsible for paying all administrative expenses of their office or fim. 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 al]ove. 2.4 Pavments in Addition to the Base coml)ensation. 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. 2023-002 to Agreement for Indigent Criminal Defense - Erie Scott - 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 EXDenses. 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 Attomey'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 inteipreters for services other than attorney/client communication; (iv) Forensic andother scientific tests; (v) Investigation expenses ; (vi) Socialworkers; (vii) Mitigation Experts; (vii) Any other non-routme 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 Lav 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 ofa subpoena. 2.4.6 Private Investication 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 q'I) 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, Amendment No. 2023-002 to Agreement for Indigent Criminal Defense - Erie Scott - 3 the Attorney shall within flve (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 Washington State Bar Association, or the City significantly modifles 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 teminate thi s 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: Rjcha Sigdel, Deputy City Manager Approved as to Form: Kerr Ferguson Law, PLLC City Attorneys Amendment No. 2023-002 to Agreement for Indigent Criminal Defense - Erie Scott - 4