HomeMy WebLinkAboutHarkins Indigent Defense PSA PROFESSIONAL SERVICE AGREEMENT
For Legal Representation of Indigent Defendants
Before the Pasco Municipal Court
THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective January 1,
2011, by and between the City of Pasco, a Municipal Corporation, hereafter referred to
as and Catherine Harkins, attorney authorized to practice law in the State of
Washington, hereinafter referred to as Attorney_'°
THIS AGREEMENT is a Professional Service Agreement for the rendering of legal
representation of indigent persons charged with misdemeanors or gross misdemeanors
in the Pasco Municipal Court.
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is
agreed as follows :
SECTION 1
PROFESSIONAL SERVICES
A. The Attorney shall represent in a professional manner, all individuals
charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for
whose representation he/she is appointed. Such representation shall include
preparation of appropriate pleadings and appearances in all phases of court proceedings
following appointment, including pretrial hearings, motions, trial, sentencing, probation
violations, and any other additional trials or hearings required by a remand or other
order of a higher court. The Attorney shall communicate with individuals confined to
jail in person or by telephone, prior to the individual's pretrial conference_ The Attorney
shall have no responsibility to represent individuals initially charged in the Pasco
Municipal Court with felonies regardless of whether the felony charge is later reduced
to a misdemeanor or gross misdemeanor.
R. In the event a case to which the Attorney is appointed is appealed to
Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice
of Appeal in Superior Court which shall include a statement of the errors claimed to
have been made and location of such errors in the record . The Attorney shall not be
responsible for prosecuting the appeal in Superior Court, but shall remain responsible to
the appellant until another attorney is appointed to represent the appellant in Superior
Court. If and when the case is remanded to Pasco Municipal Court, /t Kerney shall again
assume responsibility to provide defense services.
Professional Service Agr¢¢m¢nc - 1
C. The Attorney agrees not to accept appointments for indigent defense
services in Franklin County Superior Court during the term of this Agreement.
O. The Attorrey is expected to have knowledge of the court's schedule,
including hours of operation and days of the week when hearings and trials are
ordinarily set and heard . In its discretion, the court may alter the court's schedule to
meet changing demands_ The Ai torrtey agrees to not accept other employment of any
character that will unreasonably cause delay in the hearing of the cases assigned to
Attorney or to cause the court scheduling difficulties as to Attorney's assigned cases-
E. The professional services provided under this Agreement shall be in
compliance with the City of Pasco's Indigent Oefense Legal Representative Plan, Goals
and Standards, a copy of which is incorporated as a part of this Agreement as Exhibit A_
SECTION 11
COMPENSATION
A. The City will compensate Attorney, as attorney fees and not as a salary,
for the professional services provided as follows:
( a) For the 2011 calendar year: $ 145.00 for each case assigned by the
court to the Attorney; $ 400.00 for each case resulting in a jury trial actually tried
to verdict; $ 50.00 for each deferred or probation matter assigned by the court;
however, initiated by a prior public defender; and $410.00 for each case
appealed to Superior Court.
(2) For the 2012 calendar year: $ 155.00 for each case assigned by the
court to the Attorney; $ 400.00 for each case resulting in a jury trial actually tried
to verdict; $ 50.00 For each deferred or probation matter assigned by the court,
however, initiated by a prior public defender; and $ 410.00 for each case
appealed to Superior Court.
Payments shall be made monthly with the first monthly payment to be made not
later than the 26t^ day of February 201a, constituting compensation for the immediately
preceding month; subsequent payments being made not later than the 30th day of each
succeeding month and the final payments being made not later than the 3Wh day of
January 2013.
B. It is expressly agreed that the monthly compensation fixed in Sections A
and B above shall constitute full compensation for services required under this
Professional Service Agaement - 2
Agreement.
C. [Definitions:
(1) "Case assigned ". For the purposes of this Agreement shall mean
all proceedings relating to one or more underlying charges,
occurring on or not more than two separate dates, against a
defendant at the time court appointed counsel is approved by the
court and on amendments to those charges including contempt of
court for failure to pay fine, appear for trial or hearings, or the
failure to abide the terms of probation .
(2) "Oeferred or Probation Case Assigned". For the purposes of this
Agreement shall mean all proceedings relating to one or more
probation or deferred cases, occurring on or not more than two
separate dates, against a defendant at the time court appointed
counsel is approved by the court and on amendments to those
charges including contempt of court for failure to pay fine, appear
for trail or hearings, or the failure to abide the terms of probation .
SECTION 111
EXPENSES
The AKOrney shall bear all expenses incurred in the representation of each
individual to whom appointed except:
A. Expenses incurred in obtaining expert testimony, scientific tests or other
analysis when authorized by court order.
B. Expenses of a private investigator used to aid in the preparation of the
defense of a matter when authorized by court order.
C. Expenses for the services of an interpreter determined appropriate by the
court.
SECnON IV
TERM
The terms of this Agreement shall be for the period commencing January 1, 2011,
and concluding on [December 31, 2012. Notwithstanding the foregoing, the AKOrney's
obligation to represent an individual in a matter to which the /attorney has been
appointed shall continue through the disposition of the matter as set forth below.
Profs Tonal Service Agreement - 3
If this Agreement is not then in default, the Attorney shall have the option to
renew this Agreement for one ( 1) additional term of one (1) year_ The terms and
conditions of the renewal term shall be identical to the terms and conditions of the last
year of the original term (with appropriate modifications of installment payment dates)
except that upon termination of the final term, the Attorney shall no longer have any
option to renew this Agreement_ The renewal option must be exercised by written
notice to the City, given not less than 120 days prior to the last date of the expiring
term_ The giving of such notice shall make the agreement binding for the renewal term
without further act of the parties.
It is understood by the parties hereto that the Attorney's obligation to provide
representation pursuant to this Agreement includes the obligation to complete all cases
or matters covered by this Agreement. The Af[orney shall continue to provide
representation for a period of six months, for those persons whom the Attorney was
appointed to represent and whose case was not concluded during the duration of this
Agreement_ It is further understood by the parties that the Attorney's obligation to
complete all cases or matters covered by this Agreement shall not result in any
additional compensation over the amount specified herein .
SECTION V
NON-ASSIGNMENT
No other person shall perform any of the services required of the Attorney by
this Agreement nor shall the AHOrney assign or subcontract their responsibility for the
performance of any of the services required by this Agreement, provided, however,
Attorney may, by mutual agreement with another attorney holding a current
Professional Service Agreement for legal representation of indigent individuals with the
City of Pasco, make substitute appearances For one another on as-needed basis; or with
the approval of the City, a designated qualified member of the Attorney's Law Firm may
perform the Attorney's contract and responsibilities on a temporary basis, or assign or
subcontract such services with another qualified attorney.
SECTION VI
TERMINATON
This Agreement may be terminated by either party without cause upon forty-Five
(4S) days advance written notice to the other. This Agreement may be terminated for
cause consisting of failing to comply with any of the provisions of this Agreement upon
ten ( 10) days advance written notice_
Professional Service Agreement - 4
In the event of Attorney's disbarment or suspension from the practice of law, this
Agreement shall terminate as of the effective date of such disbarment or suspension _ In
the event of a termination without cause, the Attorney shall continue to accept and
represent to conclusion court assigned cases during the forty (AS) day period and will be
compensated for such court assigned cases pursuant to Section 11 above.
SECTION VII
INSURANCE AMID INOEI INIFICATION
Ouring the term of this Agreement, the Attorney shall maintain errors and
omissions insurance coverage with the City of Pasco as an additional named insured on
the policy and shall include anyone else acting for or on behalf of the Attorney in the
performance of this Agreement as an additional named insured on any such policy_
Such insurance shall be obtained from any insurance company authorized to do
business as such in the State of Washington, and shall have policy limits of Two Hundred
Thousand Oollars ($200,000.00) or more. At the time of commencement of the
performance of services hereunder, the Attorney shall submit evidence that such
insurance is in force and that such insurance will not be canceled without first giving
thirty (30) days written notice to the City.
OATEO this %—i " day of NQJtxnA ! 2010.
CITy OF QCO
Gary yi utchfiel
City lje4c noger
AMA, �^ O a p�RA S T�—�
Debra L- Clark 1(\ \` f - Leland B.B-/�Kerrr
City perk City Attorney
A ORN EY k I ,
Catherine Harkins
Attorney of Low
P�of¢SSlonal Servlc¢ Agr'¢em¢n[ - 5