HomeMy WebLinkAboutTirsa Butler, Butler Law PLLCMASON COUNTY
PROFESSIONAL SERVICES CONTRACT
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as "COUNTY" and Tirsa Butler, Butler Law PLLC, referred to as "CONTRACTOR." COUNTY
and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT.
RECITALS:
WHEREAS, COUNTY has a need to procure the services of a qualified individual to serve as a
contracted Public Defense attorney for Truancy representation as detailed under Truancy, At
Risk Youth and Child In Need of Services (BECCA) programs and services according to the
intent of BECCA legislation and detailed in Revised Code of Washington (RCW) Chapter
13.32A; and
WHEREAS, CONTRACTOR warrants that she meets the minimum standards for Indigent
Defense as detailed in Section 14.1. and 14 2 of the Supreme Court of Washington's Order
25700-A-1004 and is licensed by the Washington Bar Association.
NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be
made by COUNTY, the parties agree to the following:
Special Conditions:
Funding Source:
Funds for this representation is provided by the Administrative Offices of the Courts' (AOC)
BECCA Programs and Service interlocal agreement with the Mason County Juvenile Court.
Representation must be provided and charges billed to COUNTY for services provided must be
in compliance with RCW 13.32A.
Responsibilities:
CONTRACTOR will be responsible for
A. Providing representation for Truancy clients as assigned by the Mason County Office of
Public Defense andlor Mason County Courts.
B Providing representation in alignment with the Supreme Court of Washington's Order 25700-
A-1004.
C. Providing representation in compliance with RCW 13.32A as well as the Mason County
Office of Public Defense andlor Mason County Courts' requirements.
D Representation provided under this CONTRACT must be directly related to the filing and
processing of Truancy petitions. Unrelated cost to the filing and processing of Truancy petitions
are not allowed under this CONTRACT including, but not limited to anything done in lieu of filing
a petition such as adjudications and treatments.
E Eligible representation provided from September 1, 2016 to the execution date of this
CONTRACT may be billed to the Mason County Office Public Defense.
Client or Third Party Complaints:
CONTRACTOR will respond to complaints regarding his or her performance under this
CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party
states he or she continues to have a complaint, the CONTRACTOR shall provide the client with
contact information for the Office of Public Defense so the client or third party may pursue the
complaint.
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Conclusion of CONTRACT Performance Period:
The term of this CONTRACT shall start upon date of final signature and end June 30, 2017. At
the conclusion of this term, should the contract not be renewed, the following conditions will
apply:
A. Unless otherwise provided in "B" below, for appointments made through the end of the
contract period, additional payment shall be made to CONTRACTOR for time spent following
the end of the term at the rate of $60.00 per hour through the conclusion of the case, subject to
a determination of reasonableness.
B Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end
of the CONTRACT period, or any assigned case that enters warrant status after the conclusion
of the contract period, shall be reassigned to a new attorney upon the Defendant's next
appearance before the Court.
General conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope -of -Services," during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Term:
The performance period for this CONTRACT will start upon date of last signature and will end
on June 30, 2017 CONTRACT may be renewed annually with a written Amendment at the
discretion of the Mason County Office of Public Defense
Service Provided Outside of Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Compensation:
CONTRACTOR will be compensated as detailed in Exhibit B Compensation.
Accounting and Payment for CONTRACTOR Services:
A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B,"
by documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
B. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit "B "
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Taxes:
A CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (Le., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
B COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12 040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Independent Contractor:
A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
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employer -employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
B CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified
in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but
not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY.
C. CONTRACTOR represents that he/she/it maintains a separate place of business, serves
clients other than COUNTY, wilt report all income and expense accrued under this CONTRACT
to the Internal Revenue Service, and has a tax account with the State of Washington
Department of Revenue for payment of all sales and use and Business and Occupation taxes
collected by the State of Washington.
D CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub -contractor or any employee
of any sub -contractor by COUNTY at the present time or in the future.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
informed judgment as to whether or not COUNTY's interest may be compromised in any
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non -Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Non -Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
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individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Confidentiality:
CONTRACTOR, its employees, sub -contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but
is not limited to, on -site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
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agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and indemnity Contract:
A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties.
B Participation by County -- No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Support
Services Director or designee, as COUNTY's representative, hereinafter referred to as the
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Administrative Officer, for the purposes of administering the provisions of this CONTRACT,
including COUNTY's right to receive and act on all reports and documents, and any auditing
performed by the COUNTY related to this CONTRACT.
The Administrative Officer is:
Frank Pinter
Support Services Director
Mason County
411 N. 5th Street
S helton, WA 98584
Phone: 360-427-9670 Ext. 530
FPinter@co.mason.wa.us
CONTRACTOR's Primary Contact's Information:
Tirsa Butler
Butler Law PLLC
P.O. Box 2328
S helton, WA 98584
Phone: 360-545-2302
E-mail: butlerlawpllc@outlook.com
N otice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT. Notices and other communication may be conducted via e-mail,
U .S. mail, fax, hand -delivery or other generally accepted manner including delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
B If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
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to payment for actual work performed in compliance with Exhibit A Scope -of -Services and
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope -of -Services and Exhibit B Compensation.
Disputes:
A Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
B The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
C The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
A. Other than claims for injunctive relief brought by a party hereto (which may be brought either
in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief (including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre -award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
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judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be
brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue
for which arbitration is commenced, regardless of the date of discovery or whether the claim,
dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6)
years prior to a written request or demand for arbitration issued under this Agreement are not
subject to arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB) circulars and federal and state executive orders and
Exhibit D.
B Interlocal Agreement between AOC and COUNTY
C Exhibit C Insurance Requirements
D Special Conditions
E. General Conditions
F. Exhibits A and B
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
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IN WITNESS WHEREOF,_ COUNTY and CONTRACTOR have executed this CONTRACT:as
of the date and year last written below.
BUTLER LAW, PLCC
Tirsa Buller
Dated:
10
BOARD OF COUNTY COMMISSION RS
NIA oW. COUNTY, 1 1`A$H NGTON
nk Per Support Services Director
Dated:
ti
EXHIBIT A
SCOPE OF SERVIC :S
CONTRACTOR's Duties:
A. CONTRACTOR agrees to provide high quality legal representation for Truancy in the Mason
County Court.
B. Knowing and complying with the standards for indigent defense as detailed in the Supreme
Court of Washington's Order 25700-A-1004 as well as the Washington State Bar Association
Standards, the Rules of Professional Conduct, Washington State Office of Public Defense
Standards, RCW 10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as
applicable, Mason County Ordinances, case law, and other court rules defining the duties of
counsel and the rights of defendants in criminal cases.
C. Providing representation in compliance with RCW 13.32A as well as the Mason County
Office of Public Defense and/or Mason County Courts' requirements.
D CONTRACTOR will provide the Mason County Office of Public Defense and the client with a
telephone number that provides an ability to leave a voice message, i.e. voice mail system with
adequate capacity, answering service, or secretarial staff Lack of a functional communication
system is considered a violation of the terms of this CONTRACT.
E The services of CONTRACTOR shall continue in each assigned case until the case has been
terminated by final judgment, including final rulings on post -trial motions (if any), restitution
hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required,
or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court.
Representation:
Representation provided under this CONTRACT must be directly related to the filing and
processing of Truancy petitions. Unrelated cost to the filing and processing of Truancy petitions
are not allowed under this CONTRACT including, but not limited to anything done in lieu of filing
a petition such as adjudications and treatments.
Monthly Reporting:
CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth
(5th) day of the following month, which shall include the following information for the preceding
month:
A. The number of new case assignments under this CONTRACT.
B The number and type of cases in his or her private practice, if any (i.e. cases handled outside
this defense contract including but not limited to retained cases of any type).
C. The number and type of other public defense contracts, if any.
D The amount of time spent practicing law on matters other than servicing this CONTRACT, if
any
(5) Payment for services may be held if the monthly report has not been received by the fifth
(5th) of the month.
EXHIBIT B
COMPENSATION
Representation Eligible for Compensation under This CONTRACT:
Eligible representation provided from September 1, 2016 to the execution date of this
CONTRACT may be billed to the Mason County Office of Public Defense.
Compensation:
A. COUNTY shall pay CONTRACTOR $60.00 per hour for a maximum of 50 hours ($3,000) for
legal representation detailed in this CONTRACT and as assigned by a Mason County Court,
Office of Public Defense or other authorized entity or individual.
B Administrative and Other Costs --the compensation stated above includes administrative costs
associated with providing legal representation. These costs are the responsibility of
CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library,
financial accounting, case management software systems, computers and software, high-speed
Internet access, office space, supplies and other costs necessarily incurred in the day-to-day
management of the CONTRACT.
Requests for Payment:
A. CONTRACTOR to complete and submit a "BECCA Monthly Detail Form" as provided as
Exhibit E BECCA Monthly Detail Form. Hours billed to be included under "Professional
Services" then "Defense Attorney"
B. CONTRACTOR to submit an invoice accompanying the BECCA Monthly Detail Form that
includes: CONTRACTOR's name, address, phone number and e-mail; specific BECCA cases
reimbursement is requested for; total number of hours worked; hourly rate of $50 per hour;
invoice total; and any additional applicable information.
C Submit via e-mail or hard copy as preferred to:
S onya Asche
Mason County Office Public Defense
411 N. 5th Street
S helton, WA 98584
P hone: 360-427-9670 Ext. 589
saa@co.mason.wa.us
D. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete
and accurate invoice
EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional
liability insurance that covers the services to be performed in connection with this CONTRACT,
in the minimum amount of $250,000 per claim with a $500,000 aggregate. Any policy inception
date, continuity date, or retroactive date must be before the effective date of this agreement and
Consultant agrees to maintain continuous coverage through a period no less than three years
after completion of the services required by this CONTRACT.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
EXHIBIT 0
SUPREME COURT OF WASHINGTON'S Order 25700-A.p1004
II x)CG--l![3IlT
Supreme Court of Washington's Order 25700-A-1004
TIIIi; SUPREME COURT tF WASHIN
IN THE MATTER OF TIE': ADOPTION OF NEW
STANDARDS FOR INDIGENT DK,FBNSF, AND
CERTIFICATION OF COWMANYCH,
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0 JJER
TON
NO. 25700-A- \WIA
The Washington State Bar Association having recommended the adoption of New
Standards for Indigent Defense and Certification of Compliance, and the Court having
considered the amendments and comments submitted thereto, and having determined that the
proposed amendments vzll aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORD HRED :
That the standards and certificate as attached hereto are adopted,
That the New Standards for Indigent Defense, except Standard 3.4, will be
published in the Washington Reports and will become effective September 1, 2012.
ew
Standard 3.4 will be published in the Washington Reports and become effective on September 1,
2013,
` Washington this kt6NA-ls- of June 2012,
DATED at Oh xn 1a, W a .gday
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IN Mk MATTER? OF TD"1' ADOPTION OP' NEW STANDARDS FOR INDIGENT DEFENSE
AND CERTIFICATION OF COMPLI4.NC k
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STANDARDS FOR INDIGENT DEFENSE
The following Standards for Indigent Defense are adopted pursuant to CrR 3.1, CrR LJ 3,1 and
JuCR.. 9,2 and shall have an effective date concurrent with the effectiveness of amendments to
those rules approved by the Court July 8, 2010 (effective July 1, 2012);
Standard 3: Caseload Limits and Types of Cases
3.1 The contract or other employment agreement or government budget shall specify the
types of cases for which representation shall be provided and the maximum nunnber of
cases which each attorney shall be expected to handle.
3,2 The caseload of public defense attorneys shall allow each lawyer to give each client the
time and effort necessary to ensure effective representation. Neither defender
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, As used in this Standard, "quality representation" is intended to describe
the minimum level of attention, care, and skill that Washington citizens would expect of
their state's criminal justice system.
3,3 General Considerations
Caseload limits reflect the maximum caseloads for fully supported full-time defense
attorneys for cases of average complexity and effort in each case type specified. Caseload
limits assume a reasonably even distribution of cases,throughout the year,
The increased complexity of practice in many areas will require lower caseload limits,
The maximum caseload limit should be adjusted downward when the mix of case
assignments is weighted toward offenses or case types that demand more investigation,
legal research and writing, use of experts, use of social workers, or other expenditures of
time and resources. Attorney caseloads should be assessed by the workload required, and
cases and types of cases should be weighted accordingly.
If a defender or assigned counsel is carrying a mixed caseload mnclu&ng cases from more
than one category of cases, these standards should be applied proportionately to
determine a full caseload. In jurisdictions where assigned counsel or contract attorneys
also maintain private law practices, the caseload should be based on the percentage of
tine the lawyer devotes to public defense.
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The experience of a particular attorney is a factor in the composition of cases in the
attorney's caseload,
The following types of cases fall within the intended scope of the caseload limits for
criminal and juvenile offender cases in Standard 3,4 and must be taken into account when
assessing an attorney's numerical caseload: partial case representations, sentence
violations, specialty or therapeutic courts, transfers, extraditions, representation of
material witnesses, petitions for conditional release or final discharge, and other matters
that do not involve a new criminal charge.
Standards for Indigent Defense
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Washington State Bar Association
1 325 Fourth Ave - Suite 600
Seattle, WA 98101-2539
STANDARDS FOR ITvDIGENT DEFENSE
Definition of c-as e: A case is defined as the filing of a document with the court naming a
person as defendant or respondent, to which an attorney is appointed in order to provide
representation. In courts of limited jurisdiction multiple citations from the same incident
can be counted as one case.
3,4 Caseload Limits
The caseload of a full-time public defense attorney or assigned counsel should not exceed
the following:
150 Felonies per attorney per year; or
300 Misdemeanor cases per attorney per year or, in jurisdictions that have not adopted a
numerical case weighting system as described in this Standard, 400 cases per year; or
250 Juvenile Offender cases per attorney per year; or
80 open Juvenile Dependency cases per attorney; or
250 Civil Commitment cases per attorney per year; or
1 Active Death Penalty trial court case at d time plus a limited number of non death
penalty cases compatible with the time demand of the death penalty case and consistent
with the professional requirements of Standard 3.2 or
36 Appeals to an appellate court hearing a case on the record and briefs per attorney per
year, (The 36 standard assumes experienced appellate attorneys handling cases with
transcripts of an average length of 350 pages. If attorneys do not have significant
appellate experience and/or the average transcript length is greater than 350 pages, the
caseload should be accordingly reduced.)
Full time Rule 9 interns who have not graduated from law school may not have caseloads
that exceed twenty-five percent (25%) of the caseload limits established for 'all time
attorneys. [Effective September 1, 2013]
3,5 Case Counting
The local government entity responsible for employing, contracting with or appointing
public defense attorneys should adopt and publish written policies and procedures to
implement a numerical case -weighting system to count cases. If such policies and
procedures are not adopted and published, it is presumed that attorneys are not engaging
in case weighting. A numerical case weighting system must:
A. recognize the greater or lesser workload required for cases compared to an
average case based on a method that adequately assesses and documents the
workload involved;
B. be consistent with these Standards, professional performance guidelines, and the
Rules of Professional Conduct;
Standards for Indigent Defense
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Washington State Bar Association
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Seattle, WA 98101,12539
STANDARDS FOR INDIGENT DEFENSE
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C, not institutionalize systems or practices that fail to allow adequate attorney time
for quality representation; and
D. be periodically reviewed and updated to reflect current workloads; and
H. be filed with the State of Washington Office of Public Defense.
Cases should be assessed by the workload required. Cases and types of cases should be
weighted accordingly, Cases which are complex, serious, or contribute more significantly
to attorney workload than average cases should be weighted upwards. In addition, a case
weighting system should consider factors that might justify a case weight of less than one
case.
Notwithstanding any case weighting system, resolutions of cases by pleas of guilty to
criminal charges on a first appearance oi' arraignrnent docket are presumed to be rare
occurrences requiring careful evaluation of the evidence and the law, as well as thorough
communication with clients, and must be counted as one case.
3,6 Case Weighting
The following are some examples of situations where case weighting might result in
representations being weighted as more or less than one case. The listing of specific
examples is not intended to suggest or imply that representations in such situations
should or must be weighted at more or less than one case, only that they may be, if
established by an appropriately adopted case weighting system.
A. Case weighting Upwards; Serious offenses or complex cases that demand
more -than -average investigation, legal research, writing, use of experts, use of
social workers and/or expenditures of time and resources should be weighted
upwards and counted as more than one case.
a
R. Case Weighting Downward: Listed below are some examples of situations
where case weighting might justify representations being weighted less than one
case. However, care must be taken because many such representations routinely
involve significant work and effort and should be weighted at a full case or more.
i, Cases that result in partial representations of clients, including client
failures to appear and recommencement of proceedings, preliminary
appointments in cases in which no charges are filed, appearances of
retained counsel, withdrawals or transfers for any reason, or limited
appearances for a specific purpose (not including representations of
multiple cases on routine dockets).
ii, Cases in the criminal or offender case type that do not involve filing of
new criminal charges, including sentence violations, extraditions,
Standards for Indigent Defense Washington State Bar Association
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Seattle, WA 98101-2539
STANDARDS FOR III
DIGENT DEFENSE
representations of material witnesses, and other matters or representations
of clients that do not involve new criminal charges. N onncomplex
sentence violations should be weighted as at least 1/3 of a case.
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Cases in specialty or therapeutic courts if the attorney is not responsible
for defending the client against the underlying charges before or after the
client's participation in the specialty or therapeutic court, however, case
weighting must recognize that numerous hearings and extended
monitoring of client cases in such. courts significantly contribute to
attorney workload and in many instances such cases may warrant
allocation of full case weight or more.
iv, Cases on a criminal or offender first appearance or arraignment docket
where the attorney is designated, appointed or contracted to represent
groups of clients on that docket without an expectation of farther or
continuing representation and which are not resolved at that time (except
by dismissal). In such circumstances, consideration should be given to
adjusting the caseload limits appropriately, recognizing that case
weighting must reflect that attorney workload includes the time needed for
appropriate client contact and preparation as well as the appearance time
spent on such dockets.
v, Representation of a person in a court of limited jurisdiction on a charge
which, as a matter of regular practice in the count where the case is
pending, can be and is resolved at an early stage of the proceeding by a
diversion, reduction to an infraction, stipulation on continuance, or other
alternative non„criminal disposition that does not involve a finding of
guilt, Such cases should be weighted as at least 1/3 of a case,
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Related Standards
American Bar Association, Standards for Criminal Justice, 4-1,2, 5-4,3.
American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death
Penalty Cases. [Link]
American Bat' Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal
Defendants When Rxcessrve Caseloads Interfere With Competent and Diligent Representation,
May 13, 2006, Formal Opinion 06441, [Link]
The American Council of Chief Defenders Statement on Caseloads and Workloads, (2007).
rLink
American Bar Association Eight Guidelines of Public Defense Related to Excessive Caseloads, CLinkl
National Advisory Commission on Criminal Standards and Goals, Task Force on Courts, 1973, Standard
13.12.
American Bar Association Disciplinary Rule 6-101.
American Bar Association Ten Principles of a Public Defense Delivery System. {Link)
Standards for Indigent Defense
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Washington State Bar Association
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Seattle, WA 98101-2539
STA?
DARDS FOR INDIGENT DEFENSE
ABA Standards of Practice for Lawyers who Represent Children in Abuse & Neglect Cases, (1996)
American Bar Association, Chicago, IL.
The American Council of Chief Defenders Ethical Opinion 03-01 (2003).
National Legal Aid and Defender Association, Standards for Defender Services, Standards IV -I.
National Legal Aid and Defender Association, Model Contract for Public Defense Services (2002), FLinkl
NACC Recommendations for Representation of Children in Abuse and Neglect Cases (2001). [Link]
City of Seattle Ordinance Number: 121501 (2004). 1Link]
Seattle -King County Bar Association Indigent Defense Services Task Force, Guideline Number 1.
Washington State Office of Public Defense, Parents Representation Program Standards Of
Representation (2009). jLinlcl
Keeping Defender workloads Manageable, Bureau of Justice Assistance, U.S. Department of Justice,
Indigent Defense Series #4 (Spangenberg Group, 2001). tL nki
5,2 Administrative Costs
A, Contracts for public defense services shall provide for or include administrative
costs associated with providing legal representation. These costs should include
but are not limited to travel, telephones, law library, including electronic legal
research, financial accounting, case management systems, computers and
software, office space and supphes, training, meeting the reporting requirements
imposed by these standards, and other costs necessarily incurred in the day-to-day
management of the contract,
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B . Public defense attorneys shall have 1) access to an office that accommodates
confidential meetings with clients and 2) a,postal address, and adequate telephone
services to ensure prompt response to client contact,
• 6,1 Investigators
Public defense attorneys shall use investigation services as appropriate.
Standard 13: Limitations on Private Practice
Private attorneys who provide public defense representation shall set limits on the amount of
privately retained work which can be accepted. These limits shall be based on the percentage of
a full-time caseload which the public defense cases represent,
Standard 14: Qualifications of Attorneys
14.1 In order to assure that indigent accused receive the effective assistance of counsel to
which they are constitutionally entitled, attorneys providing defense services shall meet
the following minimum professional qualifications:
A. Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court; and
Standards for Indigent Defense
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Washington State Bar Association
1325 Fourth Ave •- Suite 600
Seattle, WA 98101-42539
STAN
ARDS FOR IN MEM' DEFEls SE
B . Be familiar with the statutes, court rules, constitutional provisions, and case law
relevant to their practice area; and
C. Be familiar with the Washington Rules of Professional Conduct; and
D. Re familiar with the Performance Guidelines for Criminal Defense Representation
approved by the Washington State Bar Association; and
N. Be familiar with the consequences of a conviction or adjudication, including
possible mnimigratron consequences and the possibility of civil commitment
proceedings based on a criminal conviction; and
F. Be familiar with mental health issues and be able to identify the need to obtain
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expert services; and
G. Complete seven hours of continuing legal education within each calendar year in
courses relating to their public defense practice.
14,2 Attorneys' qualifications according to severity or type of caser:
A. Death Penalty Representation. Each attorney acting as lead counsel in a
criminal case in which the death penalty has been or may be decreed and which
the decision to seek the death penalty has not yet been made shall meet the
following requirements:
i. The minimum requirements set forth in Section 1; and
ii. At least five years criminal trial experience; and
Have prior experience as lead counsel in no fewer than nine jury trials of
serious and complex cases which were tried to completion; and
iv, Have served as lead or co -counsel m at least one aggravated homicide
case; and
v. Have experience in preparation of mitigation packages in aggravated
homicide or persistent offender cases; and
vi. Have completed at least one death penalty defense seminar within the
previous two years; and
vii, Meet the requirements of SPRC 2,2
Attorneys working toward qualification for a particular category of cases under this standard may associate with lead counsel
who is qualified under this standard for that category of cases,
2SPRC 2 APPOIINTMENT OF COUNSEL
At least two lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain responsibility for
appointing counsel for trial.. The Supreme Court shall appoint counsel for the direct appeal. Notwithstanding RAP 15.20 and (h),. the
Supreme Court will determine all motions to withdraw as counsel on appeal.
Standards for Indigent Defense
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Washington State Bar Association
1325 Fourth Ave Suite 600
Seattle, WA 98101-2539
STANDARDS FOR IIiDTGLlsT DEFENSE
The defense team in a death penalty case should include, at a mmnimnum, the T,wo
attorneys appointed pursuant to SPRC 2, a mitigation specialist and an
investigator. Psychiatrists, psychologists and other experts and support personnel
should be added as needed,
B. Adult Felony Cases Dm Class A
hatch attorney representing a defendant accused of a Class A felony as defined in
RCW 9A,20,020 shall meet the following requirements:
i. The minimum requirements set forth in Section 1; and
ii, Either:
a. has served two years as a prosecutor; or
b. has served two years as a public defender; or two years
criminal practice; and
iii. Has been trial counsel alone or with other counsel and
significant portion of the trial in three felony cases that
submitted to a jury,
in a private
handled a
have been
C. Adult Felony Cases -I Class B Violent Offense
Bach attorney representing a defendant accused of a Class B violent offense as
defined in RCW 9A,20, 020 shall meet the following requirements,
i, The minimum requirements set forth in Section 1; and
Either;
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a private
criminal practice; and
iii, Ilas been trial counsel alone or with other counsel and handled a
significant portion of the trial in two Class C felony cases that have been
submitted to a jury,
D. Adult Sex Offense Cases
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A list of attorneys who meet the requirements of proficiency and experience, and who have demonstrated that they are learned in the
law of capital punishment by virtue of training or experience, and thus are qualified for appointment in death penalty trials and for
appeals will be recruited and maintained by a panel created by the Supreme Court, All counsel for trial and appeal must have
demonstrated the proficiency and commitment to quality representation which is appropriate to a capital case. Both counsel at trial
trust have five years' experience in the practice of criminal law be familiar with and experienced in the utilization of expert witnesses
and evidence, and not be presently serving as appointed counsel in another active trial level death penalty case, One counsel must be,
and both may be, qualified for appointment in capital trials on the list, unless circumstances exist such that it is in the defendant's
interest to appoint otherwise qualified counsel learned in the law of capital punishment by virtue of training or experience. The trial
court shall malce findings of fact if good cause is found for not appointing list counsel.
At least one counsel on appeal must have three years' experience in the field of critninal appellate law and be learned in the law of
capital punishment by virtue of training or experience. In appointing counsel on appeal, the Supreme Court will consider the list but
will have the final discretion in the appointment of counsel. {Link}
Standards for Indigent Defense
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Washington State Bar Association
1325 Fourth Ave - Suite 600
Seattle, WA 98101-2539
STANDARDS FOR IN IGENT DEFENSE
};ach attorney representing a client in an adult sex offense case shall meet the
following requirements:
1. The minimum requirements set forth in Section 1 and Section 2(C); and
ii. Been counsel alone of record in an adult or juvenile sex offense case or
shall be supervised by or consult with an attorney who has experience
representing juveniles or adults in sex offense cases.
E. Adult Felony Cases -- All other Class B Felonies, Class C Felonies, Probation
or Parole Revocation
Hach attorney representing a defendant accused of a Class B felony not defined in
Section 2(C) or (D) above or a Class C felony, as defined in RCW 9A.20,020, or
involved in a probation or parole revocation hearing shall meet the following
requirements:
i, The minimum requirements set forth in Section 1, and
Either:
a, has served one year as a prosecutor; or
b, has served one year as a public defender; or one year in a. private
criminal practice; and
iii, Has been trial counsel alone or with other trial counsel and handled a
significant portion of the trial in two criminal cases that have been
submitted to a jury; and
iv. Hach attorney shall be accompanied at his or her first felony trial by a
supervisor if available.
F. Persistent Offender (Life Without Possibility of Release) Representation
Bach attorney acting as lead counsel in a "two -strikes" or "three strifes" case in which
a conviction will result in a mandatory sentence of life in prison without parole shall
meet the following requirements:
i, The minimum requirements set forth in Section 1; 3 and
have at least:
a, four years criminal trial experience; and
b. one year experience as a felony defense attorney; and
c, experience as lead counsel in at least one Class A felony trial; and
d. experience as counsel in cases involving each of the following:
1. Mental health issues; and
3 RCW 10,101 060 (1)(a)(iii) provides that counties receiving funding from the state Office of Public Defense under
that statute must require "attorneys who handle the most serious cases to meet specified qualifications as set forth in the
Washington state bar association endorsed standards for public defense services or participate in at least one case consultation
per case with office ofpublic defense resource attorneys who are so qualified. The most serious cases include all cases of murder
in the first or second degree, persistent offender cases, and class A felonies."
Standards for Indigent Defense
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Washington State Bar Association
1325 Fourth Ave - sure 600
Seattle, WA 98101-.2539
STANDARDS FOR INDIGENT '1-EFEI\ SF,
2. Sexual offenses, if the current offense or a prior conviction
that is one of the predicate cases resulting in the possibility
of life in prison without parole is a sex offense; and
3, Expert witnesses; and
4. One year of appellate experience or demonstrated legal
writing ability.
G. Juvenile Cases - Class A
Each attorney representing a juvenile accused of a Class A felony shall meet the
following requirements:
i, The minimum requirements set forth in Section 1, and
Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; one year In a private
criminal practice; and
Has been trial counsel alone of record in five Class B and C felony trials;
and
iv, Each attorney shall be accompanied at his or her first juvenile trial by a
supervisor, if available.
11. Juvenile Cases "4 Classes B and C
Each attorney representing a juvenile accused of a Class B or C felony shall meet
the following requirements:
The minimum requirements set forth in Section 1; and
ii. Either:
a, has served one year as a prosecutor; or
b, has served one year as a public defender; or one year in a private
criminal practice, and
has been trial counsel alone in five misdemeanor cases brought to a final
resolution; and
iv, Each attorney shall be accompanied at his or her first juvenile trial by a
supervisor if available,
Y, Juvenile Sex offense Cases
Each attorney representing a client in a juvenile sex offense case shall meet the
following requirements:
The minimum requirements set forth in Section 1 and Section 2(I I); and
ii, Been counsel alone of record in an adult or juvenile sex offense case or
shall be supervised by or consult with an attorney who has experience
representing juveniles or adults in sex offense cases,
Standards for Indigent Defense
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Was sington State Bar Association
1325 Fourth Ave - Suite 600
Seattle, WA 98101--2539
STANDARDS FOR IN
DIGENT DErErs SE
J, Juvenile Status Offenses Cases. Each attorney representing a client in a "Becca"
matter shall meet the following requirements:
i, The minimum requirements as outlined in Section 1; and
Hither:
a. have represented clients in at least two similar cases under the
supervision of a more experienced attorney or completed at least
three hours of CI1R training specific to "status offense" cases; or
b, have participated in at least one consultation per case with a more
experienced attorney who is qualified under this section,
K. Misdemeanor Cases
Kach attorney representing a defendant involved in a matter concerning a simple
misdemeanor or gross misdemeanor or condition of confinement, shall meet the
requirements as outlined in Section 1,
L. Dependency Cases
Each attorney representing a client in a dependency matter shall meet the following
requirements:
The minimum requirements as outlined in Section 1; and
ix. Attorneys handling termination hearings shall have six months
dependency experience or have significant experience in handling
complex litigation.
Attorneys in dependency matters should be familiar with expert services
and treatment resources for substance abuse,
iv, Attorneys representing children in dependency matters should have
knowledge, training, experience, and ability in communicating effectively
with children, or have participated in at least one consultation per case
either with a state Office of Public Defense resource attorney or other
attorney qualified under this section,
M. Civil Commitment Cases
Each attorney representing a respondent shall meet the following requirements:
i, The minimum requirements set forth in Section 1; and
ii. Each staff attorney shall be accompanied at his or her first 90 or 180 day
commitment hearing by a supervisor; and
ill. Shall not represent a respondent in a 90 or 180 day commitment hearing
unless he or she has either:
a, served one year as a prosecutor, or
b, served one year as a public defender, or one year in a private civil
commitment practice, and
c, been trial counsel in five civil commitment initial hearings; and
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Washington State Bar Association
1325 Fourth Ave - Suite 600
Seattle, WA 98101-2539
STANDARDS FOR INDIGENT DEFENSE
iv. Shall not represent a respondent in a jury trial unless he or she has
conducted a felony jury tiial as lead counsel; or been co -counsel with a
more experienced attorney in a 90 or 180 day commitment hearing.
N. Sex Offender "Predator" Commitment Cases
Generally, there should be two counsel on each sex offender commitment case,
The lead counsel shall meet the following requirements:
The minimum requirements set forLa in Section 1; and
ii, Have at least:
a. Three years criminal trial experience; and
b. One year experience as a felony defense attorney or one year
experience as a criminal appeals attorney; and
c. Experience as lead counsel in at least one felony trial; and
d. N;xperience as counsel in cases involving each of the following:
1. Mental health issues; and
2. Sexual offenses; and
3-. Expert witnesses; and
e. Familiarity with the Civil Rules; and
f. One year of appellate experience or demonstrated legal writing
ability.
Other counsel working on a sex offender commitment cases should meet
the Minimum Requirements in Section 1 and have either one year
experience as a public defender or significant experience in the
preparation of criminal cases, including legal research and writing and
training in trial advocacy.
O. Contempt of Court Cases
Each attorney representing a respondent shall meet the following requirements:
i, The minimum requirements set forth in Section 1; and
Fact' attorney shall be accompanied at his or her first three contempt of
court hearings by a supervisor or more experienced attorney, or participate
in at least one consultation per ease with a state Office of Public Defense
resource attorney or other attorney qualified in this area of practice,
P. Specialty Courts
Hach attorney representing a client in a specialty court (e.g., mental health court,
drug diversion court, homelessness court) shall meet the following requirements:
The minimum requirements set forth in Section 1; and
ii, The requirements set forth above for representation in the type of practice
involved in the specialty court (e.g, felony, misdemeanor, juvenile); and
iii, Be familiar with mental health and substance abuse issues and treatment
alternatives,
Standards for Indigent Defense
Pagel l
Washington State Bar Association
1325 Fourth Ave - Suite 600
Seattle, WA 98101 �2539
STAN !1!ARDS F i II�DI tl�
14,3 Appellate Representation,
T DEFENSE
Bach attorney who is counsel for a case on appeal to the Washington Supreme Court or to
the Washington Court of Appeals shall meet the following requirements
A. The minimum requirements as outlined in Section 1; and
13, Either
i. has filed a brief with the Washington Supreme Court or any Washington
Court of Appeals in at least one criminal case within the past two years; or
has equivalent appellate experience, 'including filing appellate briefs in
other jurisdictions, at least one year as an appellate court or federal court
clerk, extensive trial level briefing or other comparable work,
C. Attorneys with primary responsibility for handling a death penalty appeal shall
have at least five years' criminal experience, preferably including at least one
homicide trial and at least six appeals from felony convictions, and meet the
requirements of SPRC 2,
;ALJ Misdemeanor Appeals to Superior Court: Each attorney who is counsel
alone for a case on appeal to the Superior Court from a Court of Limited
Jurisdiction should meet the minimum requirements as outlined in Section 1, and
have had significant training or experience in either criminal appeals, criminal
motions practice, extensive trial level briefing, clerking for an appellate judge, or
assisting a more experienced attorney in preparing and arguing an RA J appeal,
14.4 Legal Interns
A, Legal interns must meet the requirements set out in APR 9.
B , Legal interns shall receive training pursuant to APR 9 and in offices 'of more than
seven attorneys, an orientation and training program for new attorneys and legal
interns should be held.
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Washington State Bar Association
1325 Fourth Ave - Suite 600
• Seattle, WA 98101-2539
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STA]JARDS FO INI3IGF,NT F,FENS-1+`.
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CFRTWICATION OF COMIPLIANCE
"Applicable standards" required by CrR3.1/ CrRLJ 3.1 / JuCR9.2
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For criminal and juvenile offender cases, a signed certification of compliance
with Applicable Standards must be filed by an appointed attorney by separate
written certification on a quarterly basis in each court in which the attorney
has been appointed as counsel.
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The certification must bein substantially the following form:
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SEPARAI'E CERTIFICA'CION FORM
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Court of Washington
For
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Certification of Appointed Counsel of
Compliance with Standards Required by
CDR 3.1.1 CrRLJ 3,1 / JuCR 9,2
The undersigned attorney hereby certifies:
1. Approximately % of my total practice time is devoted to indigent defense cases.
2. I any farnihar with the applicable Standards adopted by the Supreme Count for attorneys appointed to
represent indigent persons and that:
a. Basic Qualifications: I meet the minimum mum basic professional qualifications in Standard RI. •
b. . Office: I have access to an office that accommodates confidential meetings with clients, and Z have a
postal address and adequate telephone services to ensure prompt response to client contact, in
compliance with Standard .5.2.
c. Investigators: I have investigators available to me and will use investigation services as
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STANDARDS FOR INDIGENT DEFENSE
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appropriate, in compliance with Standard 6.1.
d, Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases.
[Effective 9/1/13: I should not accept a greater number of cases (or a 'proportional mix of different
case types) than specified in Standard 3.4, prorated if thee -amount of time spent for indigent defense is
less than. full time, and takitig into account the case counting and weighting system applicable in my
jurisdiction]
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Standards for Indigent Defense
Page 14
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Washington State Bar Association
1325 Fourth Ave Suite 600
Seattle, WA 98101-2539
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EXHIBIT E
BECCA MONTHLY BILLING FORM
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.B-EGGA MONTHLY RETAIL FORM
Exhibit B Report
AdmJnfs1rifivs Q[T!q4 of ThO Couits
(scibrnit rijonffily, witli A4.9 invoice)
_COURT! M NTH ..EAR)
♦
STAFF/Fit
�.J�i ici l officer sbiwry & benefits
-• Other court staff salary & benefits
PRO FFs I.QNAL $ERVIGES
General vendor services
Defense attorney
Other -(spQcify)
GQODS
iippiies
• Cotilrnunication (i1elephon&Posfaqe).
Other (ooriiutr/uconses)
,UIPMENT
• Computer et4jp
N other (specify)
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TRAP! I O.
., Annual- E ECCA conference fr iriiri t 1�1
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r
a
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ThAJL.(to -conference or Its siippout of 8EQQA as - pi 0c:essiQ)
iUiileage
Ptr.Diern
DETENTION
Daily rate detenttari costs or MS costs
GRAND TOTAL
a
weicalcontr(ctsl x ibit h -- :ccca rnont fly detail report;xis
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rotol
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Total
✓
Total
Total
u
Total :$-
ToOl
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Total $
sir
Pat
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