HomeMy WebLinkAboutR-1996-015 Public defender serviceRESOLUTION NO. R=96- 1 5
A RESOLUTION authorizing the execution of the Public Defender
Agreement for 1996.
WHEREAS, the City of Yakima criminally prosecutes persons for
violations of City ordinances in the Yakima County District Court; and
WHEREAS, Kenneth W. Raber and John J. Jay have agreed to perform
Public Defender services for the City for 1996-1997 for the fee of Seventy
Thousand Dollars ($70,000.00) payable in equal monthly installments in
accordance with the provisions, terms, and conditions of the City of Yakima
Public Defender Agreement for 1996; and
WHEREAS, the City Council deems it to be in the best interest of the
City to contract with Kenneth W. Raber and John J. Jay, attorneys at law,
and to appoint them as City of Yakima Public Defenders for February 15,
1996 to February 14, 1997 under the terms and cGaditions of the
aforementioned agreement, now, therdore,..
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and City Clerk are hereby authorized and directed
to execute the attached and incorporated City of Yakima Public Defender
Agreement for 1996 with Kenneth W. Raber and John J. Jay prior to
February 14, 1996.
ADOPTED BY THE CITY COUNCIL this Ol day of C-thlu , 1996.
Ai LEST:
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City Clerk
Mayor
e
CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT
FOR 1996
THIS AGREEMENT, made and entered into this ILiday of
February, 1996, by and between Kenneth W. Raber and John J. Jay of
Yakima, Washington hereinafter the "Public Defenders", and the City
of Yakima, a municipal corporation, hereinafter referred to as the
"City"
WHEREAS, the Public Defenders are attorneys licensed to
practice law in the State of Washington, with offices at 501 W.
Lincoln Avenue, Suite C, Yakima, Washington 98901; and
WHEREAS, the parties hereto are desirous of effectuating an
agreement whereby the Public Defenders will provide legal services
for indigents and other eligible persons in the Yakima County District
Court and its various departments; now, therefore,
IT IS HEREBY mutually agreed as follows:
1. The Public Defenders shall provide defense attorney services
for all indigent defendants, other than individuals charged with
domestic violence, charged with violating Yakima City ordinances in
the Yakima County District Court which are punishable by
incarceration in the Yakima County Jail. Such services shall include
legal representations at all stages of the proceedings including, but
not limited to, representation at the time of plea, change of plea, pre-
trial motions, pre-trial conferences at court, jury and non -jury trials,
post -trial motions, sentencings, probation revocation hearings,
sentence reviews, all proceedings in connection with deferred
prosecutions, competency hearings, and perfection of appeals and/or
reviews to the Superior Court, including representation on all stages
of review or appeal to higher courts, appellate representation by
appointment at any stage of appellate proceeding shall be the
responsibility of the City Public Defenders. Court appearances during
arraignments shall also be required as may be directed from time to
time by the District Court.
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2. Public Defender services must be performed on all court days,
and a defense attorney must be available by telephone 24 hours a
day, seven (7) days a week, for each week of the year in order to
give legal advice to persons who are in custody on such charges.
3. The Public Defenders must provide a sufficient number of
defense attorneys to provide • the services generally described in this
Agreement so that all indigent defendants for whom defense counsel
is appointed by the court will be adequately represented. Such
attorneys shall be admitted to practice in Washington. At a
minimum, the Public Defenders shall provide one (1) full-time and
one (1) half-time public defense attorney or three (3) half-time
public defenders inclusive. Such attorneys may engage in private
practice so long as it does not diminish the kind and quality of
service required by this Agreement. The Public Defenders and such
defense attorneys as they may provide shall each fulfill their annual
Washington State Bar Association continuing legal education
requirement.
4. In the event that representation of a defendant creates a
conflict of interest such that the Public Defenders cannot represent
the defendant, the Public Defenders shall be responsible for the
referral of the defendant to outside counsel at their sole expense.
The City shall approve any sub -contracts for outside counsel services;
such approval shall not be unreasonably withheld.
5. The City and District Court reserve the right at any time to
reject services of any or all attorneys proposed by the Public
Defenders. All attorneys proposed to provide services must be
approved prior to performing services pursuant to this Agreement
by the City and the Judges of the Yakima County District Court.
6. All attorneys performing services pursuant to this Agreement
must carry and show proof of malpractice insurance in an amount
agreeable to the City Prosecutor, but in no event less than One
Million Dollars ($1,000,000.00). Said insurance coverage shall be in
effect throughout the term of this Agreement. Should such coverage
be terminated for any reason, or should any attorney performing
services become ineligible to practice law in this state for any reason,
the services of the attorney affected shall cease immediately.
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7 The Public Defenders shall generally function as follows:
a. Receive notices of appointment for indigent defendants
each court day.
Set up and maintain files on each defendant.
c. Notify each defendant of the appointment of counsel, the
name of the attorney to whom the case is assigned, and the
manner and method the defendant is to use to contact the
assigned attorney.
d. Provide office space for the interviewing of defendants
and witnesses.
e. Provide supplies, postage, equipment, and telephone
facilities to adequately carry on the responsibilities of the City
o Yakima Public Defender.
Provide adequate office support staff to perform the
unctions of the City of Yakima Public Defender.
0ients
Timely interview defendants in custody. In custody
shall, at a minimum, be contacted within four (4) court
days of arraignment.
h. At least four (4) weeks in advance of trial periodically
review with the City Prosecutor the case files in order to
determine what agreements may be reached as to witnesses,
evidence, trial, or sentence recommendations. This shall be
accomplished as follows:
1. Public Defenders shall meet at least weekly at the
City Prosecutor's office to discuss pending matters.
2. Public Defenders shall provide, by fax or Attorney
Messenger Service, a written list of all cases to be
discussed at the meeting. Said list shall be received by
the City Prosecutor's office no later than 4:30 p.m. on the
day prior to the weekly meeting.
Page 3 of 7
3. Said list shall include:
i. The defendant's name and trial date of each
file to be discussed.
ii. Whether the case is "in custody" or set for
jury trial or on attorney request.
iii. A list of all trial dates to be discussed.
i. Provide adequate training, supervision, and monitoring of
attorneys who act as his employees, subcontractors, or agents
in the performance of this contract.
j. Provide a means suitable to the City Prosecutor for the
disposition of complaints against the Public Defender and his
public defense attorneys.
k. Kenneth W. Raber shall supervise and be responsible for
provision of services and all contacts with the City Prosecutor
which may be required by this agreement. All notices,
discovery, or communications of any kind shall be sent to the
public defenders at 501 West Lincoln Avenue, Suite "C".
8. The term of this Agreement shall be from February 15, 1996 to
February 14, 1997; provided, however, that the term of this
Agreement may be extended for one (1) additional year on the same
terms and conditions herein at the discretion of the City Manager. If
the City Manager extends the term of this Agreement, he may, at his
discretion, renegotiate the compensation amount based upon
increased case load; provided that in order to accommodate the City's
budget process, the Public Defender shall provide to the City a
request for renegotiation, of compensation, including a specific
amount and documentation supporting such a request by November
1 of each year. If the Public Defenders are requesting an increase in
compensation in excess of 7%, the Public Defenders shall, in addition
to the November 1 notice, proposed compensation amount and
documentation, provide notice of intent to request renegotiation of
compensation and a status report supporting such a request on or
before August 15th of each year. Any residual caseload at the end of
the term shall be negotiated. Provided, however, in consideration for
the amount of payment under this Agreement, the Public Defender
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shall assume responsibility under the terms of this Agreement for
that portion of the 1995 Public Defender's caseload which remains
unresolved at the commencement of this Agreement.
9. In return for the above -enumerated services, the Public
Defender shall receive compensation in a total amount of Seventy
Thousand Dollars ($70,000.00), payable in equal monthly (15th to
14th) installments upon proper voucher for the same, submitted by
the Public Defender and received by the Director of Finance and
Budget at City Hall, Yakima, Washington. All payments shall be may
to John J. Jay at 1800 River Road #108, Yakima, Washington 98901.
The City shall, in addition, compensate the Public Defenders for
all expert witness fees incurred by the Public Defenders on behalf of
indigent clients covered by this Agreement upon application and
approval of the court.
10. The Public Defenders shall not assign, transfer, or subcontract
this Agreement without obtaining prior written approval from • the
City.
11. The Public Defenders will provide the aforementioned services
in conformity with the canons of Professional Ethics and will provide
the District Court and City with any reports, fiscal or otherwise,
which are reasonably required in the performance of the District
Court's and the City's responsibilities. An annual report shall be
provided by the Public Defenders on a form provided by the City
Prosecutor.
12. The parties agree that the Public Defenders are independent
contractors with the responsibility and authority to control and
direct the performance of the details of the work described herein, in
accordance with the terms and conditions of this Agreement. The
implementation of contracted activities and the results to be
achieved are solely the responsibility of the Public Defenders. No
agent, employee, subcontractor, or representative of the Public
Defenders shall be deemed to be an employee, agent, servant, or
representative of the City or District Court for any purpose, and the
employees, agents, subcontractor, or representative of the Public
Defenders are not entitled to any of the benefits the City provides for
its employees. The Public Defenders will be solely and entirely
responsible for their acts and for the acts of their agents, employees,
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subcontractors, or otherwise, during the performance of this
Agreement.
13. The Public Defenders hereby agree to release, indemnify,
protect, defend and save harmless the City and Yakima County and
their elected and appointed officials, employees, volunteers, and
agents from all claims, actions, or damages of any kind and
description which may occur to or be suffered by any person or
persons, corporation, or property arising, directly or indirectly, out of
the operation of this Agreement, caused or contributed thereto by
the Public Defenders or their employees or subcontractors. The
Public Defenders are jointly and severally liable to the City for any
and all promises, duties, and obligations contained in this agreement.
Provided, however, that nothing herein shall be deemed to require
the Public Defenders to indemnify the City or Yakima County or their
elected or appointed officials, agents, volunteers, or employees for
injury to persons, corporation, and/or property arising from the sole
negligence of the City or Yakima County and their elected or
appointed officials, employees, volunteers, and agents. In case of suit
or action brought against the City or County and/or their elected or
appointed officials, agents, volunteers, and employees for damages
arising out of or by reason of any of the above-mentioned causes, the
Public Defender agrees to pay all costs of defense, including
reasonable attorney's fees and any judgment.
14. The Public Defenders shall not discriminate on the basis of race,
creed, color, national origin, or physical, mental, or sensory handicap
in the performance of this Agreement.
15. The City of Yakima may terminate this Agreement with or
without cause upon ninety (90) days written notice sent by certified
mail to the addresses listed in this Agreement. The parties shall
negotiate a reasonable fee for services to complete client
representation which cannot be done through substituted counsel.
16. This Agreement has been and shall be construed as having
been made and delivered within the State of Washington, and it is
mutually understood and agreed to by each party hereto that this
Agreement shall be governed by the laws of the State of Washington
both as to interpretation and performances.
Page 6 of 7
(adwygtlput Ld'Lw
Any action at law, suit in
enforcement of this Agreement
instituted and maintained only
County, Yakima, Washington
DATED this 1 day of r--a3riAJCifti
equity, or judicial proceeding for the
or any provisions thereof, shall be
in the Superior Court for Yakima
CITY OF YAKIMA
R. A. ZAIS, JR.
City Manager
129 North 2nd Street
Suite C
Yakima, WA 98901
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City Contract No. q (1 / 7
Suite C
Resolution No.
Page 7 of 7
, 1996.
TH W. RABER
Attorney At Law
501 W. Lincoln Ave.,
Yakima, WA 98901
J 1-74
torney/At La
304 6- s SYS f- r) 0
AMENDMENT RE: CITY OF YAKIMA
AGREEMENT FOR PUBLIC DEFENDER FOR 1996
AND RELEASE
THIS AGREEMENT, made and entered into this day of
, 1996, by and between Kenneth W. Raber and John J.
Jay of Yakima, Washington, and the City of Yakima, a Washington
municipal corporation, hereafter referred to as the "City."
WHEREAS, on February 14, 1996, the City entered into an
agreement with attorneys Kenneth W. Raber and John J. Jay for the
provision of public defender services to the City of Yakima for the year
1996; and
WHEREAS, John J. Jay is desirous of being released from his
continuing obligation under that agreement; and
WHEREAS, Kenneth W. Raber is desirous of continuing to perform
the public defender services for the City of Yakima; and
WHEREAS, Kenneth W. Raber has made arrangements to have
attorney William A. Schuler, III, perform public defender services with
him; and
WHEREAS, Kenneth W. Raber will enter into an amended
agreement for public defender services; now, therefore,
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. The City of Yakima Public Defender Agreement for 1996, entered
into between Kenneth W. Raber and John J. Jay of Yakima and the City
of Yakima, a Washington municipal corporation, and dated February 14,
1996, contained a provision providing for the term of the Agreement from
February 15, 1996 to February 14, 1997. That agreement is hereby
amended, in the form of the attached amended agreement.
2. John J. Jay shall deliver to Kenneth W. Raber any and all files and
materials concerning indigent defendants whom he represented pursuant
to the City of Yakima Public Defender Agreement for 1996, dated
February 14, 1996.
3. Kenneth W. Raber shall enter into an amended agreement with the
City of Yakima to provide public defender services for the remainder of
1996 and until February 14, 1997, in the form of the attached amended
agreement.
Page 1 of 3
RELEASE OF CLAIMS
In consideration for the City of Yakima's releasing John J. Jay from
his obligations under the City of Yakima Public Defender Agreement for
1996, dated February 14, 1996, John J. Jay hereby agrees as follows:
a. John J. Jay, and his heirs, beneficiaries, successors, and
assigns, will never by reason of any matter or cause relating to his
participation in, or representation related to, the Public Defender
Agreement for 1996, dated February 14, 1996 (whether said matter
or cause is known or unknown, developed or undeveloped, at the
date of executing this Agreement and Release) institute suit or
action at law or in equity or otherwise execute any judgment
against the City of Yakima, and the City's elected officials, officers,
agents, attorneys, employees, successors, and assigns, and this
release includes all claims, demands, causes of action, money,
promises, damages, and demands whatsoever in law or in equity,
which John J. Jay ever had, now has, or which may subsequently
accrue to him arising out of or connected with, directly or
indirectly, Mr. Jay's participation in the City of Yakima Public
Defender Agreement for 1996, dated February 14, 1996; and
John J. Jay further agrees and acknowledges that he intends to
release, discharge, and acquit the City of Yakima from any
unknown or unsuspected causes of action, claims, demands,
debts, controversies, damages, costs, losses and expenses which
are in any way related to his participation in the City of Yakima
Public Defender Agreement for 1996, dated February 14, 1996.
b. John J. Jay hereby agrees to release, indemnify, protect,
defend, and hold harmless the City of Yakima and Yakima County
and their elected or appointed officials, officers, employees,
attorneys, volunteers, and agents from any and all claims, actions,
or damages of any kind and description which may be made by any
person or persons, corporation, or property arising, directly or
indirectly, out of the operation of the City of Yakima Public
Defender Agreement for 1996, dated February 14, 1996, caused or
contributed thereto by Mr. John J. Jay or his employees, agents, or
subcontractors. Mr. John J. Jay remains jointly and severally
liable with Mr. Kenneth W. Raber to the City for any and all
promises, duties, and obligations contained in this paragraph.
Provided, however, that nothing herein shall be deemed to require
John J. Jay to indemnify the City or Yakima County or their
elected or appointed officials, officers, attorneys, agents,
volunteers, or employees for injury to persons, corporation(s),
and/or property arising from the sole negligence of the City or
Yakima County and their elected or appointed officials, agents,
volunteers, and employees. In case of suit or action brought
Page 2 of 3
against the City or County and/or their elected or appointed
officials, agents, volunteers, or employees for damages arising out
of or by reason of any of the above-mentioned causes, John J. Jay
agrees to pay all costs of defense, including reasonable attorneys'
fees and any judgment.
DATED this / 7 day of
CITY OF YAKIMA
By:
• \\\
R. A. Zais, r., City Manager
ATTEST:
�9Kavx-�aL
Pc44 ng Ciity Clerk
Page 3 of 3
, 1996.
JOHN J. JAY
By: ,4 L
Jo J.Atto . e ' ataWW1
6 So. nd Street, Suite 701
Yakima, WA 98901
By:
Kenne . Raber
Attorney at Law
501 W. Lincoln Avenue, Suite C
Yakima, WA 98902
KENNETH W. RABER