HomeMy WebLinkAboutRyan Swinburnson - Indigent Defense PROFESSIONAL SERVICE AGREEMENT
For Legal Representation of Indigent Defendants
Before the Pasco Municipal Court
(Newly Incarcerated and Conflict Cases)
THIS PROFESSIONAL SERVICE AGREEMENT is entered into effective
uc /y , 2008 by and between the City of Pasco, a Municipal Corporation,
hereafter referred to as "City", and Ryan 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 for newly incarcerated and conflict cases 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 newly
incarcerated and conflict cases concerning 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 be responsible
for prosecuting the appeal in Superior Court. If and when the case is remanded to Pasco
Municipal Court,Attorney shall continue to provide defense services.
C. The Attorney agrees not to accept appointments for indigent defense
services in Franklin County Superior Court during the term of this Agreement.
Professional Service Agreement- 1
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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 2008 calendar year: $ 130.00 for each case assigned by the
court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried
to verdict; S 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 2009 calendar year: $ 140.00 for each case assigned by the
court to the Attorney; $ 300.00 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 31 st day of 4,M 0 S 4 , constituting compensation for the immediately
preceding month; subsequent Oyments being made not later than the 30`h day of each
succeeding month and the final payments being made not later than the 31st day of
January, 2010.
B. It is expressly agreed that the monthly compensation fixed in Section A
above shall constitute full compensation for services required under this 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
Professional Service Agreement-2
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) "Deferred 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 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 term of this Agreement shall be for the period commencing on execution, and
concluding on December 31, 2009. 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
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.
Professional Service Agreement-3
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 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 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 VI
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 II above.
SECTION VII
INSURANCE AND INDEMNIFICATION
During 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
Professional Service Agreement-4
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 th' ^ day of SO 200
CITY OF SC
Gary ru d
City f fanager
ATTEST: AP VED AS TO FORM:
cr(2 �
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
ATTO EY
Ry S ttorney
Professional Service Agreement- 5
EXHIBIT A
STANDARDS FOR PUBLIC DEFENSE SERVICES
RCW 10.101.030 Standards for Public Defense services.
Each county or city under this chapter shall adopt standards for the delivery of public 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, monitoring and evaluation of
attorneys, substitution of attorneys or assignment of contracts, limitations on private practice of
contract attorneys, qualifications of attorneys, disposition of client complaints, cause for
termination of contract or removal of attorney, and nondiscrimination. The standards endorsed
by the Washington State Bar Association 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 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 of 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.
American Bar Association, Guidelines for the Appointment and Performance in Death
Penalty Cases, 1988, Standard 10-1.
Professional Service Agreement- 6
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
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 defender
Professional Service Agreement- 7
organizations, county offices, contract attorneys nor assigned counsel 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. In jurisdictions where assigned counsel
or contract attorneys also maintain private law practices, the contracting attorney should ensure
that attorneys not accept more cases than they can reasonably discharge.
Each attorney or firm contracting for indigent defense services shall set limits on the amount of
privately retained work which can be accepted by the contracting attorney. These limits shall be
based on the percentage of a full-time caseload which the public defense cases represents.
Related and Source Standards:
American Bar Association, Standards for Criminal Justice, 4-1.2, 5-4.3.
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 1V-1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
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 parte motion. Upon good cause shown, the
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.
Professional Service Agreement- 8
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV
2d, 3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
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.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-4-1 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.
Professional Service Agreement- 9
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding
Indigent Defense Contracts, 1984, Standard III-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 111-8.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for
Accreditation of Defender Agencies, 1982, Guideline Number 7.
STANDARD EIGHT: REPORTS OF ATTORNEY ACTIVITY AND COMPENSATION
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.
Professional Service Agreement- 10
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 training programs on
criminal defense law, including a minimum of seven hours of continuing legal education
annually in areas relating to their public defense practice, including substantive criminal law,
criminal procedure and forensic sciences, civil commitment, 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.
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
Professional Service Agreement- 11
Standard:
Each attorney or firms of attorneys providing public defense contract services shall provide for
the supervision of defense lawyers. Contracts with private attorney(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.
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 Awarding
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
Professional Service Agreement- 12
Standard:
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 Awarding
Indigent Defense Contracts, 1984, Guideline 111-23.
STANDARD THIRTEEN: QUALIFICATIONS OF ATTORNEYS
Standard:
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 law 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. Attorneys 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 comparable municipal or district court jurisdiction, or b) a firm where at
Professional Service Agreement- 13
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 COMPLAINTS
Standard:
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 5-1.3, 5-5.3.
Professional Service Agreement- 14
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:
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 with 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.
Professional Service Agreement- 15
i
EXHIBTT A
CITY OF PASCO INDIGENT DEFENSE LEGAL REPRESEI`I ATIVE Pi_.ky
GOALS AND STANDARDS
�. PLAN GOAD...
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 rnit'umum
standards as :set forth by the Washington Law and approved by the Washingtor.
State Bar Association. This goal will be achieved by the adoption of standards,
specifically tailored to address those needs wit1iin the Pasco Municipal Court for
public defense services, by qualifying Washington► State attorneys corttracud 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 contsaci attorneys by a Plan Administrator.
11. DUTIES OF PLAN ADMINISTRATOR
The Plan Administrator shall be the City Director of Administrative and �
Coommity Services and shall:
A. Administer contracts for indigent defense mpresentation-
$_ Provide annual written evaluation of the contract providers by'
t. Repon and self evaluation by contract provider,
Z. Lvaluations ftoin Judge, Prosecutor, other defense =awyers and
clients of the performance of the contract service provider.
3, Observations of in-Court performance for prcpattng an cvaluat,or
report to the City Manager. -
C. Facklitatc client comp!aint procedures_
D. Pro1-ide an annual wnzten report to the City Manager on the state cf
indivent defense sen'ices.
III. ADOPTION OF STANWARDS
The Washington Defcndcrs Association "Standards for Public Defense Scr ices
as approved oy the Washington State 3a* Association and nMaTda;ed by RC'-V
i
}p_}01.030, as modified to specifically apply to misdemeanors and gross
misdena�eanor defensc before the City of Pasco Municipal Court, arc adopted as 2
stagsdard for the City of Pasco for the rendering of indigent defense legal scrvicts.
A copy of which standards are adopted and incorporated by this reference as
Exhibit i to this Plan. These standards shall be incorporated in all contracts for
the provision of indigent defense legal ser'�ices establishing the mininnurtr 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 effmove from and after January Z, 2003.
DATED this j .{ i day of f� �: &,f- .. ___ 2M;
CIT F U
Cary t field
City Manager
i
Goals and Standards 2