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HomeMy WebLinkAboutRyan M Swinburnson - Indigent Defense PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Indigent Defendants Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective January 1 , 2005, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City ", and Ryan M. Swinburnson, 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 I 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. B . 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, Attorney shall again assume responsibility to provide defense services . Professional Service Agreement - 1 .12-0 C. The Attorney agrees not to accept appointments for indigent defense services in Franklin County Superior Court during the term of this Agreement. D. The Attorney 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 Attorney 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 Defense Legal Representative Plan, Goals and Standards, a copy of which is incorporated as a part of this Agreement as Exhibit A . SECTION II COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided as follows : ( 1 ) For the 2005 calendar year: One Hundred and Thirty Dollars ($ 130.00) for each case assigned by the court to the Attorney; Three Hundred Dollars ($300.00) for each case resulting in a jury trial actually tried to verdict; and Fifty Dollars ($50 .00) for each deferred or probation matter assigned by the court, however, initiated by a prior public defender. (2) For the 2006 calendar year: One Hundred and Thirty Dollars ($ 130 .00) for each case assigned by the court to the Attorney; Three Hundred Dollars ($300 .00) for each case resulting in a jury trial actually tried to verdict; and Fifty Dollars ($50 .00) for each deferred or probation matter assigned by the court, however, initiated by a prior public defender. Payments shall be made monthly with the first monthly payment to be made not later than the 28"' day of February 2005, constituting compensation for the immediately preceding month; subsequent payments being made not later than the 30`h day of each succeeding month and the final payments being made not later than the 30`h day of January 2007. B . The City agrees to compensate Attorney a minimum monthly amount of Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received Professional Service Agreement - 2 based on assignments per Section A above are below said minimum. C. It is expressly agreed that the monthly compensation fixed in Sections A and B above shall constitute full compensation for services required under this Agreement. "Court assigned cases 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. SECTION III EXPENSES The Attorney 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. SECTION IV TERM The terms of this Agreement shall be for the period commencing January 1 , 2005 , and concluding on December 31 , 2006. Notwithstanding the foregoing, the Attorney '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. 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 Professional Service Agreement - 3 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 Attorney shall continue to provide representation 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 Attorney 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 V TERMINATION This Agreement may be terminated by either party without cause upon forty-five (45) 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. 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 (45) day period and will be compensated for such court assigned cases pursuant to Section 11 above. Professional Service Agreement - 4 SECTION VI INSURANCE AND INDEMNIFICATION During the term of this Agreement, the Attorney shall maintain errors and omissions insurance coverage 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 Dollars ($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. DATED this aS'= day of 2004. CIT OF PASCO ichael L. G tson Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson/ Leland B . Kerr City Clerk City Attorney RNEY rney Professional Service Agreement - 5 EXHIBIT A CITY OF PASCO INDIGENT DEFENSE LEGAL REPRESENTATIVE PLAN GOALS AND STANDARDS I. PLAN GOAL The goal of this Indigent Defense Legal Representation Plan is to provide legal defense services to the indigent citizens of the City of Pasco, and to provide for their defense in a professional, skilled manner consistent with the minimum standards as set forth by the Washington Law and approved by the Washington State Bar Association. This goal will be achieved by the adoption of standards, specifically tailored to address those needs within the Pasco Municipal Court for public defense services, by qualifying Washington State attorneys contracted to serve as the accused counsel and advocate in proceedings before the City of Pasco Municipal Court. This plan shall include the selection, monitoring and evaluation of qualified contract attorneys by a Plan Administrator. II . DUTIES OF PLAN ADMINISTRATOR The Plan Administrator shall be the City Director of Administrative and Community Services and shall : A. Administer contracts for indigent defense representation. B . Provide annual written evaluation of the contract providers by: 1 . Report and self evaluation by contract provider, 2 . Evaluations from Judge, Prosecutor, other defense lawyers and clients of the performance of the contract service provider. 3 . Observations of in-Court performance for preparing an evaluation report to the City Manager. C . Facilitate client complaint procedures . D. Provide an annual written report to the City Manager on the state of indigent defense services. III. ADOPTION OF STANDARDS The Washington Defenders Association "Standards for Public Defense Services" as approved by the Washington State Bar Association and mandated by RCW 10. 101 .030, as modified to specifically apply to misdemeanors and gross misdemeanor defense before the City of Pasco Municipal Court, are adopted as a standard for the City of Pasco for the rendering of indigent defense legal services. A copy of which standards are adopted and incorporated by this reference as Exhibit 1 to this Plan. These standards shall be incorporated in all contracts for the provision of indigent defense legal services establishing the minimum standard performance for all those contracting with the City to provide such services . IV. EFFECTIVE DATE This Indigent Defense Legal Representation Plan and incorporated standards for public defense services shall be effective from and after January 1 , 2003 . DATED this .&& day of _a:2-;gf° r7 6e>- 2002 . CITY F 10 i v Gary t hfield City Manager Goals and Standards . 2 EXHIBIT 1 STANDARDS FOR PUBLIC DEFENSE SERVICES RCW 10,101 ,030 Standards for Public Defense Services. "Each county or city :ender this chapter shall adopt standards for the delivery ofpublic defense services, whether those services are provided by contract, assigned counsel, or a public defender office. Standards shall include the following: Compensation of counsel, duties and responsibilities of counsel, case load limits and types of cases, responsibility for expert witness fees and other costs associated with representation, administration expenses, support services, reports of attorney activity and vouchers, training, supervision, nnonitoring and evaluation of attorneys, substitution of attorneys or assignment of contracts, limitations on private practice of contract attorneys, qualifncations of attorneys, disposition of client complaints, causefor termination of contract or removal of attorney, and nondiscrimination. The standards endorsed by the Washington State Bar fssociation for the provision of public defense services may serve as guidelines to contracting authorities. " INTRODUCTION In recognition of the duty imposed on it by RCW 10. 101 . 030 (quoted above) and the duty to provide indigent defendants with adequate legal representation, the City of Pasco adopts the following Standards for Public Defense Services provided in conjunction with the Municipal Court of Pasco. STANDARD ONE : COMPENSATION Standard : Indigent services shall be provided by contract. For contract defense attorneys, compensation shall be determined by a written contract based upon the estimated case load, time demands, the customary compensation in the community for similar services rendered by private retained counsel, or by city or other publicly paid attorneys who have public clients and budgetary consideration. Contract should provide for extraordinary compensation over and above the normal contract terms for cases which require an extraordinary amount of time and preparation. Services which require extraordinary fees should be defined in the contract. Related Standards: American Bar Association, Standards for Criminal Justice, 5-2.4 and 5 -3 . 1 . Standards for Public Defense Services - 1 American Bar Association, Guidelines for the Appointment and Performance in Death Penalty Cases, 1988, Standard 10- 1 . National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standards 13. 7 and 13 . 11 . . National Legal Aid and Defender Association, Standards for Defender Services, Standard IV- 4. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contracts, 1984, Standard III- 10 and III- 11 . Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline No. 6. STANDARD TWO: DUTIES AND RESPONSIBILITIES OF COUNSEL Standard: The legal representation plan shall require that defense services be provided to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable state bar association standards, the Rules of Professional Conduct, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Counsel's primary and most fundamental responsibility is to promote and protect the best interests of the client. Related Standards: American Bar Association, Standards for Criminal Justice, 4- 1 . 1 , 5-5 . 1 and 5- 1 . 1 . National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973 , Standards 13 . 1 . National Legal Aid and Defender Association, Standards for Defender Services, Standard 1I - 2. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline 111 - 18. STANDARD THREE : CASELOAD LIMITS AND TYPES OF CASES Standards for Public Defense Services - Z Standard: The contract or other employment agreement shall specify the types of cases for which representation shall be provided and the estimated number of cases for which each attorney shall be expected to handle. The caseload of public defense attorneys should allow each lawyer to give each client the time and effort necessary to ensure effective representation. Neither contract attorneys nor assigned co"'nsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. A case is defined by the Office of the Administrator for the Courts as: A filing of a document with the court naming a person as defendant or respondent. Caseload limits should be determined by the number and type of cases being accepted and on the local prosecutor's charging and plea bargaining practices. Assigned counsel also maintaining private law practices, shall ensure that attorneys not accept more private cases than they can reasonably discharge. Related and Source Standards : American Bar Association, Standards for Criminal Justice, 4- 1 .2, 5 -4. 1 National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13. 12. American Bar Association Disciplinary Rule 6- 101 . National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-1. National Legal Aid and Defender Association, Guidelines for Negotiating and A*vvarding Indigent Defense Contracts, 1984, Standard 111 -6 and 111 - 12. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 1 . STANDARD FOUR: RESPONSIBILITY FOR EXPERT WITNESSES Standard: Reasonable compensation for expert witnesses necessary to preparation and Presentation of the defense case shall be provided. Expert witness fees should be maintained and allocated from funds separate from those provided for defender services. Requests for expert witness fees under Court Rule 3 . 1 f should be made through an ex pane motion. Upon good cause shown, the Standards for Public Defense Services - 3 defense may retain experts of its choosing as determined necessary by the Court and under Such conditions as may be imposed by the Court. Related Standards: American Bar Association, Standards for Criminal Justice, 5- 1 .4. National Legal Aid and Defender Association, Standards for Defender Services, Standard N 2d, 3 . National Legal Aid and Defender Association, Guidelines for Negotiating and A-tvarding Indigent Defense Contracts, 1983, Standard II I-8d. National Advisory Commission, Task Force on Courts, 1973 , Standard 13 . 14. STANDARD FIVE : ADMINISTRATIVE EXPENSES Standard: Contracts for public defense services should include the administrative costs associated with providing legal representation. These costs may include travel, telephones, law library, financial accounting, case management systems, the reporting requirements imposed by these standards, and other costs necessarily incurred in the day to day management of the contract. Related Standards: American Bar Association, Standards for Criminal Justice, Providing Defense Services. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, ( 1976), Guideline 3 .4. National Legal Aid and Defender Association, Standards for Defender Services, 1976 1 -3 , IV 2a-e, IV 5. STANDARD SIX: INVESTIGATORS Standard: Private law firms holding contracts to provide representation for indigent defendants accused of crimes may employ investigators with criminal investigation training and experience in cases that warrant investigation as determined necessary by the Court. Standards for Public Defense Services - 4 Related Standards: American Bar Association, Standards for Criminal Justice, 44-1 and 5-1 .14. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13 . 14. National Legal Aid and Defender Association, Standards for Defender Services, Standard IV- 3 . National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Standard I1I-9. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 8 . STANDARD SEVEN: SUPPORT SERVICES Standard: The indigent defense contract shall provide representation that the attorneys shall provide or have access to sufficient support services to fulfill the performance under the terms of the contract. These support services may include secretaries, paralegals, investigators, social and mental health professions and other staff services, that are essential to ensure the effective performance of the defense counsel during trial preparation, in the preparation of dispositional plans, and at sentencing. Related Standards: American Bar Association, Standards for Criminal Justice, 4-8 . 1 and 5- 1 . 4. National Advisory Committee on Criminal Justice Standards and Goals, Task Force on Courts, Standard 13. 14. National Legal Aid and Defender Association, Standards for Defender Services, Standard IV- 3 . National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Standard 1 i 1 -8 . Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 7 . Standards for Public Defense Services - 5 STANDARD EIGHT: REPORTS OF ATTORNEY ACTIVITY AND COi1IPENSATION Standard: The legal representation plan shall require that the defense attorney or office maintain a case- reporting and management information system which includes number and type of cases, attorney hours and disposition. This information shall be provided regularly to the City and shall also be made available to the Office of the Administrator of the Courts upon request. Any such system shall be maintained independently from client files so as to disclose no privileged information. For attorneys under contract, compensation should be made monthly as provided by the contract. Related Standards: American Bar Association, Standards for Criminal Justice, 5-3 . 3 . (b) xii , The Report to the Criminal Justice Section Council from the Criminal Justice Standards Committee, 1989. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984 Standard 111 -22 . National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Guideline 3 .4, 4. 1 , and 5.2. STANDARD NINE : TRAINING Standard: Attorneys providing public defense services should participate in regular trainine programs on criminal defense law, including a minimum of seven hours of conti annually in areas relating to their public defense practice nuing legal education criminal procedure and forensic sciences including substantive criminal law, , civil commi ,commitment,includi and dependency law. Every attorney providing counsel to indigent accused should attend courses that foster trial advocacy skills and review professional publications and tapes . Related Standards : American Bar Association, Standards for Criminal Justice, 5- 1 . 4. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973 , Standard 13. 16. Standards for Public Defense Scrvices - 6 National Legal Aid and Defender Association, Standards for Defender Services, Standard V. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contracts, 1984, Standard 111-1 7. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 3 . National Legal Aid and Defender Association, Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, 1988, Standard 9. 1 . STANDARD TEN: SUPERVISION Standard: Each attorney or firms of attorneys providing public defense contract services shall provide for the supervision of defense lawyers. Contracts with private attomey(s) for the provision of public defender services shall provide for annual reviews of the private attorney' s performance by the City. Such reviews shall include consultation with relevant judicial officers. Related Standards: National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13 . 9. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contract, 1984, Standard 111 - 16. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 4. STANDARD ELEVEN: MONITORING AND EVALUATION OF ATTORNEYS Standard : The contract for public defense services should establish a procedure for systematic monitoring and evaluation of attorney performance based upon publicized criteria. Supervision and evaluation efforts should include review of time and caseload records, review and inspection of transcripts, in- court observations, and periodic conferences between the contract attorney and a designee of the legislative authority. Standards for Public Defense Services - 7 Performance evaluations of a contract attorney should include comments from judges, Prosecutors, other defense lawyers and clients. Attorneys should be evaluated on their skill and effectiveness as criminal lawyers and/or dependency or civil commitment advocates. Related Standards: National Legal Aid and Defender Association, Guidelines for Negotiating and A'*varding Indigent Defense Contracts, 1984, Standard 111 - 16. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Recommendations 5.4 and 5. 5 . National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13 .9. STANDARD TWELVE: SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF CONTRACTS Standar d: The attorney engaged by the City to provide public defense services should not sub-contract with another firm or attorney to provide representation and should remain directly involved in the provision of representation. If the contract is with a firm or office, the City shall request the names and experience levels of those attorneys who will actually be providing the services, to ensure they meet minimum qualifications. The employment agreement shall address the procedures for continuing representation of clients upon the conclusion of the agreement. Related Standards: American Bar Association, Standards for Criminal Justice, Standard 5-5 .2. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973 , Standard 13. 1 . National Legal Aid and Defender Association, Guidelines for Negotiating and AFB arding Indigent Defense Contracts, 1984, Guideline 111 -23 . STANDARD THIRTEEN: QUALIFICATIONS OF ATTORNEYS Standard: Standards for Public Defense Services - 8 1 . In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services should meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing la-%v in Washington as determined by the Washington Supreme Court; and B. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. 2 . Legal Interns. Legal Interns may be utilized in the assistance of indigent defendants only to the extent allowed by rule and upon prior City approval. A. Legal interns must meet the requirements set out in APR 9. B. Legal interns shall receive training pursuant to APR 9 and Standard Nine, Training. 3 . The City should award contracts for public defense services only after determining that the attorney or firm chosen can meet accepted professional standards. Under no circumstances should a contract be awarded on the basis of cost alone. Attomevs or firms bidding for contracts must demonstrate their ability to meet these standards. 4. Contracts should only be awarded to a) attorneys who have at least one year' s criminal trial experience in a comparable municipal or district court jurisdiction, or b) a firm where at least one attorney has one year's trial experience in municipal or district court jurisdictions. Related Standards: National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, Standard 13 . 15 . National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Public Defense Contracts, 1984, Standard 111 -7. National Legal Aid and Defender Association, Standards for the Appointment and Performance of Counsel in Death Penalty Cases , 1987, Standard 5 . 1 . STANDARD FOURTEEN: DISPOSITION OF CLIENT COIMPLAINTS Standard: Standards for Public Defense Services - 9 The legal representation plan shall include a method to respond promptly to client complaints. Complaints should first be directed to the contract attorney or firm that provided representation. If the client feels that he or she has not received an adequate response, the Client shall submit a written complaint to the City Manager who is hereby authorized to designate a person or agency to investigate the Complaint. The complaining client should be informed as to the disposition of his or her complaint within one week, or such additional time as warranted by the circumstances of each case. Complaints regarding criminal defense representation made to a judicial officer should be referred to the City Manager for investigation. Related Standards: The American Bar Association, Standards for Criminal Justice, 4-5 . 1 and 4-5 .2. STANDARD FIFTEEN: CAUSE FOR TERMINATION OR REMOVAL OF ATTORNEY Standard: Contracts for defense services shall include the grounds for termination of the contract by the parties. The representation in an individual case establishes an inviolable attorney- client relationship. Removal of counsel from representation therefore normally should not occur over the objection of the attorney and the client. Related Standards: American Bar Association, Standards for Criminal Justice, Standard 5- 13 , 5-5 .3 . National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline 111 -5. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Recommendations 2. 12 and 2. 14. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973 , Standard 13 .8. STANDARD SIXTEEN : NON-DISCRIMINATION Standard: Standards for Public Defense Services - to Neither the City, in its selection of an attorney, firm or agency to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, sex, sexual orientation or handicap. Both the City and the contractor shall comply Nvith all federal, state, and local nondiscrimination requirements. Related Standards: American Bar Association, Standards for Criminal Justice, Providing Defense Services, Standard 5-3. 1 . National Legal Aid and Defender Association, Standards for Defender Services, 1976, Standard 111 - 8 . Standards for Public Defense Services - 11