HomeMy WebLinkAboutRaymond Hui - Arraignment & Probation Hearings Municipal CourtPROFESSIONAL SERVICE AGREEMENT
For Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings
before the Pasco Municipal Court
THIS PROFESSIONAL SERVICE AGREEMENT is entered into effective
January 1, 2020 by and between, the City of Pasco, a Municipal Corporation, hereafter
referred to as "City," and Raymond Hui, 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 during arraignment 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
The Attorney shall represent in a professional manner, all individuals charged with
misdemeanors or gross misdemeanors in the Pasco Municipal Court during arraignment
and probation show cause hearings. Such representation shall include:
A. Advise clients of their rights and the nature of the attorney-client relationship
and privilege; determine whether client has any immediate concerns (i.e., mental health or
other medical treatment needs); determine whether there is any known immigration hold;
discuss family issues that affect release; confirm age and place of birth of client; discuss
the client's immigration status if the client is not a United States citizen; determine whether
there is an immediate need for investigation; and explain to the client the next steps in the
process.
B. Review the statement on probable cause and determine whether or not a
challenge is appropriate. In making such determination, perform any legal research which
may be necessary.
C. Make motions to dismiss charges or release defendant from custody without
conditions in cases where the complaint or citation is insufficient.
D. Review with client the ability to post bail and the client's employment status
and living conditions.
E. Speak with any family members or friends of client who are present at Court;
and if appropriate, arrange for them to speak to the Court at the hearing.
City of Pasco PSA — 2020-2021 Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings
F. Review police reports and prosecutor's recommendations.
G. Discuss custody status recommendation with the prosecutor.
H. Advocate for pre-trial release on recognizance, or as appropriate, advocate for
least restrictive alternative allowed under the Court rules.
I. Preserve issues relating to the client' s right to a speedy trial.
J. In performing said services, Attorney shall comply with all State laws,
Washington Bar Association Ethical Rules and any standards for arraignment counsel
published by the Washington State Office of Public Defense and the Washington State
Supreme Court.
K. At the probation show cause hearings, Attorney shall provide the following
information and
1. Review the probation report with the client.
2. Assist the client in his/her decision to admit or deny any alleged probation
violations contained in the probation report.
3. Assist the client in completing defendant response form to probation
report.
4. Assist the client in requesting a court appointed attorney to assist in
contesting an alleged probation violation.
L. The Attorney shall be responsible for scheduling sufficient attorney coverage and
assuring prompt attendance for all required dockets and hearings as outlined on the attached
Exhibit " A," Pasco Municipal Court Arraignment Counsel Schedule." Such schedule may vary
depending on the caseload and may be changed from time to time to meet the needs of the Court,
upon mutual agreement of the parties. The contracting attorney shall be ultimately responsible
for any work completed by a coverage attorney and shall ensure that the coverage attorney
complies with all provisions contained herein.
1. Attorney assigned for the docket shall arrive fifteen (15) minutes prior to the
docket's scheduled start time as defined by the Court's docket calendar.
SECTION II COMPENSATION
A. The City will compensate Attorney, as attorney fees and not as a salary, for
the professional services provided in the amount of $8,000.00 permonth from January 1,
2020 to December 31, 2020 and then $8,500.00 per month from January 1, 2021 to December
31, 2021.
Payments shall be made monthly with the first monthly payment to be made not later
than the 10th day of said month, constituting compensation for the immediately preceding
City of Pasco PSA — 2020-2021 Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings
month; subsequent payments being made not later than the 30th day of each succeeding
month and the final payments being made no later than the 10th day of month following the
expiration of this agreement.
B. It is expressly agreed that the monthly compensation fixed in Section A,
above, shall constitute full compensation for services required under this Agreement.
SECTION III EXPENSES
The Attorney shall bear all expenses incurred in the representation of each individual
at arraignment except 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 January 1, 2020,
and concluding on December 31, 2021. Notwithstanding the foregoing, the Attorney's
obligation to represent an individual in a matter to which the Attorney has undertaken
representation shall continue through the disposition of the matter as set forth below.
It is understood by the parties hereto that the Attorney's obligation is to provide
representation at the arraignment only pursuant to this Agreement.
SECTION V NON -ASSIGNMENT
With the exception of providing a qualified coverage attorney 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, without the approval of the City.
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 represent defendants at
arraignment during the forty (45) day period and will be compensated for such
representation pursuant to Section II above.
City of Pasco PSA — 2020-2021 Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings
SECTION VII INSURANCE AND INDEMNIFICATION
A. 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, including
coverage attorneys, 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 at a minimum,
policy limits of Two Hundred Fifty Thousand Dollars ($250,000.00). At the time of
commencement of the performance of services hereunder; the Attorney shall submit an
appropriate certificate of coverage. Such insurance will not be cancelled without first giving
thirty (30) days written notice to the City.
B. In performance of the work under this Agreement, the Attorney agrees to
defend the City, its officers, agents, servants and employees (hereinafter individually and
collectively referred to as "Indemnities"), from all suits, claims, demands, actions or
proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnities from:
1. All damages or liability of any character including in part costs, expenses and
attorney fees, based upon, any negligent act, error, or omission of the Attorney or any
person or organization for whom the Attorney may be responsible, and arising out of the
performance of professional services under this Agreement; and
2. All liability, loss, damage, claims, demands, costs and expenses of whatsoever
nature, including in part, Court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Attorney or any person or
organization for whom the Attorney may be responsible, arising out of, in connection
with, resulting from or caused by the performance or failure of performance of any work
or services under this Agreement or from conditions created by the Attorney's
performance or nonperformance of said work or service.
SECTION VIII GENERAL PROVISIONS
For the purpose of this Agreement, time is of the essence. Waiver by the City of any
provision of this Agreement or any time limitation provided in this Agreement shall not
constitute a waiver of any other provision.
Should any dispute arising concerning the enforcement, breach or interpretation of
this Agreement, venue shall be placed in Franklin County, Washington, the laws of the
State of Washington shall apply, and the prevailing party shall be entitled to its reasonable
attorney fees and costs.
City of Pasco PSA — 2020-2021 Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings
DATED this �1)0 day of t c-1aw , 20
CITY OF PASCO:
APPROVED AS TO FORM:
Eric W,41riguson, City Attorney
ATTORNEY:
Ray and Hui
City of Pasco PSA — 2020-2021 Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings
EXHIBIT A
Arraignment Counsel Schedule
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
10:00 am
1:00 pm
9:15 am
9:15 am
9:15 am
to
to
to
to
to
1:00 pm
5:00 pm
11:00 am
11:00 am
11:00 am
The schedule reflects typical docket times and will vary based on docket size and type of
cases. Attorney(s) shall represent all arraignment defendants until the completion of the
docket. Schedule may be changed upon the agreement of the parties
City of Pasco PSA — 2020-2021 Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings
ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT
For Legal Representation of Defendants at Arraignment before the Pasco Municipal Court
THIS ADDENDUM TO THE PROFESSIONAL SERVICE AGREEMENT (dated January
3, 2020), is entered into effective January 1, 2020, by and between, the City of Pasco, a
Municipal Corporation, hereafter referred to as "City" and Raymond Hui, attorney authorized to
practice law in the State of Washington, hereinafter referred to as "Attorney."
I. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,
the parties agree that certain sections of the Agreement shall include the following additional
covenants 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 during arraignment.
Such representation shall include contract attorney's, or coverage attorney's, adherence to
the professional services covenants contained in Section 1 "Professional Services" of the
Agreement.
B. In addition to providing representation at Arraignment, the Attorney shall provide
representation to defendants at Show cause/Probation Dockets. Such representation shall
include duties described above in Section 1 of the Professional Services Agreement.
C. In performing said services, Attorney shall comply with all State laws, Washington Bar
Association Ethical Rules and any standards for arraignment counsel published by the
Washington State Office of Public Defense and the Washington State Supreme Court.
D. The Attorney shall be responsible for scheduling sufficient attorney coverage and
assuring prompt attendance for all required dockets and hearings as outlined on the
attached Exhibit "A," 'Pasco Municipal Court Arraignment Counsel Schedule." Such
schedule may vary depending on the caseload and may be changed from time to time to
meet the needs of the Court, upon mutual agreement of the parties.
SECTION II
COMPENSATION
A. The City will compensate Attorney, as attorney fees and not as a salary, for the
professional services provided in Section IA in the amount of $7,000.00 per month.
Compensation for the professional services, as attorney fees and not as salary, provided
in Section IB will be in the amount of $1,000 per month. Total compensation shall be
$8,000 per month.
B. Payments shall be made monthly with the first monthly payment to be made not later
City of Pasco PSA — 2020-2021 Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings
than the 10th day of July, 2016, 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 no later than the 10th day of month following
the expiration of this agreement.
C. It is expressly agreed that the monthly compensation fixed in Section A, above, shall
constitute full compensation for services required under this Agreement.
SECTION IV TERM
The term of this Agreement shall be for the period commencing on January 1, 2020, and
concluding on December 31, 2021. Notwithstanding the foregoing, the Attorney's obligation
to represent an individual in a matter to which the Attorney has undertaken representation
shall continue through the disposition of the matter as set forth above in Professional
Services Agreement.
II. All other provisions of the Agreement shall remain as currently written.
DATED this day of , 20 Z0
CITY OF PASCO:
APPROVED AS TO FORM:
Eric W.,Wrguson, City Attorney
ATTORNEY:
Raymon i
City of Pasco PSA — 2020-2021 Legal Representation of Defendants at Arraignments & Probation Show Cause Hearings