HomeMy WebLinkAboutR-2009-057 Indigent Defense Services Public Defender Representation Contract/Amendment; Gillihan; Dixon and LeeA RESOLUTION
RESOLUTION NO. R-2009-57
ratifying a contract for public defender representation of indigent defense
services with Gillihan Law ;office and a contract amendment with Dixon
and Lee Attorneys at Law.
WHEREAS, the City of Yakima is mandated by the State to provide representation to
indigent defendants; and
WHEREAS, recent changes to the Rules of Professional Conduct pertaining to the
provision of indigent defense services requires that the City of Yakima modify its current
practice with respect to the assignment of conflict counsel; and
WHEREAS, the City Manager, under authority granted by the City Council, approved a
contract with Gillihan Law Office and a contract amendment with Dixon and Lee; and
WHEREAS, the service providers have agreed to perform legal services for qualifying
indigent persons; and
WHEREAS, the service providers have agreed to perform public defender services in
2009 as specified in their respective agreements; and
WHEREAS, the City Council has determined that representation of Indigent Defendants
is in the best interest of the City of Yakima; now, therefore,
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 Indigent Defense Agreement with Gillihan Law Offices and ratify
the contract amendment for Dixon and Lee Attorneys at Law.
ADOPTED BY THE CITY COUNCIL this 7th day ot A , 2009.
ATTEST: iavid Ed er, Mayor
Ci
(kc)res/public defender agrmt
ADDENDUM TO
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
THIS AGREEMENT, made and entered into this 1C1 day of March, 2009, by and
between Dixon & Lee, Attorneys at Law, of Yakima, Washington hereinafter the 'Public
Defender", and the CITY OF YAKIMA, a municipal corporation, hereinafter referred to as the
"City"
WHEREAS, the Public Defender are attorneys licensed to practice law in the State of
Washington, with offices at 402 East Yakima Avenue, Suite 380, Yakima, WA 98901; and
WHEREAS, the parties hereto are desirous of effectuating an addendum to that certain
agreement whereby the Public Defender provides legal services for indigents and other eligible
persons in the Yakima Municipal Court and its various departments, which agreement is dated
on or about December 29, 2006 (the "Initial Agreement"), now, therefore,
IT IS HEREBY mutually agreed as follows
1 Duties. The Public Defender shall continue to provide high quality defense
attorney services for indigent defendants charged with violating misdemeanor and gross
misdemeanor allegations occurring within the City of Yakima and processed by the City of
Yakima Municipal Court in conformance with the Initial Agreement except to the extent that the
Initial Agreement is modified by this Addendum to City of Yakima Public Defender Agreement
(the "Addendum")
2 Public Defender Availability The Public Defender shall identify fifty (50) cases
per month, or pro -rated portion thereof, for designation and assignment to an alternate public
defender selected by the City of Yakima At present, the parties mutually acknowledge that the
primary alternate public defender is Gillihan Law Office, of Yakima, Washington (the "Alternate
Public Defender ") It shall be a primary duty of the Public Defender to confirm that all cases in
which the Public Defender has a professional conflict of interest under the applicable Rules of ,
Professional Conduct shall be included within said cases designated for assignment and that
the remainder of the cases designated for assignment shall be cases of typical expected
expense, complexity, and difficulty in comparison to the cases retained by the Public Defender.
It is further agreed and acknowledged by the parties that past history of conflicts experience
with the Public Defender demonstratesvirtually no likelihood that the Public Defender will
identify and be required to designate for assignment more than fifty (50) cases per month to the
Alternate Public Defender in order to avoid conflicts of interest. In the event that the Public
Defender experiences more than said number of conflict cases in a given month, assignment of
conflict cases will be performed by the Public Defender as may be directed by the City of
Yakima The City of Yakima reserves the right to periodically review the cases designated for
assignment by the Public Defender to the Alternate Public Defender for the purpose of assuring
that said cases are typical of cases assigned to the Public Defender and are not designated for
assignment to the Alternate Public Defender on the basis of perceived expense, complexity,
difficulty, or other such consideration.
Page 1 of 8
3 Conflict Staffing The Public Defender must provide adequate staffing to
monitor and administer the duties of this Addendum so that potential and actual conflicts of
interest are promptly identified and designated for assignment to the Alternate Public Defender
4 Duty in Case of Conflict. In the event that representation of a defendant creates
a conflict of interest such that the assigned Public Defender cannot represent the defendant,
the Public Defender shall be responsible for the referral of the defendant to the Alternate Public
Defender and shall take all actions reasonably necessary to transition representation to the
Alternate Public Defender in a timely and efficient manner such that assumption of
representation of the defendant by the Alternate Public Defender is minimally disruptive to the
rights of the defendant and the Court's calendar. The Public Defender will also provide conflict
administration services to the City of Yakima in the event that the Alternate Public Defender is
prohibited, due to a conflict of interest, from accepting a case designated for assignment by the
Public Defender Performance of this duty is expected to require reasonable cooperation by the
Public Defender with the Alternate Public Defender, the City of Yakima, and with Municipal
Court Judges and Management to efficiently work with substitute defense counsel obtained by
appointment from a panel of suitable attorneys selected on a case-by-case basis, who will be
compensated at the sole expense of the City of Yakima
5. Term and Renegotiation The Public Defender's duties under this Addendum
shall commence on March 19, 2009, and terminate on December 31, 2009, unless extended or
sooner terminated as provided herein The period of performance may also be extended by
mutual written agreement of the parties Should the Public Defender elect to re -negotiate this
Agreement for an additional term beyond 2009, he shall submit a proposal for compensation for
additional service on or before June 1, 2009.
6 Compensation In recognition of the reduction in case load provided under this
Addendum, but the increase in conflict administration duties, the Public Defender shall receive
compensation in a total fixed -fee amount as follows, provided, that the fixed fee for 2009 will be
a pro -rated portion of the following sum in proportion to the remaining period of 2009 after the
effective date of this Addendum and further provided that the following compensation shall
supersede and replace for all purposes the compensation provisions of the Initial Agreement,
including compensation that would otherwise have been due and payable for services rendered
during March, 2009.
For 2009
Three Hundred and Forty -Five Thousand Dollars
($345,000 ), provided, that in contemplation of the
effective date of this Addendum, this sum is
acknowledged to be payable in monthly
installments of $28,750 00 ($345,000 00 / 12 =
$28,750 00) beginning as of March 1, 2009, and
continuing on like basis for the remainder of
calendar year 2009,
The aforementioned amounts shall be payable in equal monthly 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 made to Dixon &
Lee, Attorneys at Law, 402 East Yakima Avenue, Suite 380, Yakima, WA, 98901
Page2of8
7 Affirmation of Initial Agreement; Effective Date. Except as specifically
amended herein, the Initial Agreement shall be of full force and effect The parties hereby
agree that the effective date of this Addendum shall be March 1, 2009,
ia
DATED this C I day ofIf'`J' 1
CITY OF YAKIMA
By. -� ti
R A. ZAIS, JR
City Manager
129 North 2nd Street
Yakima, WA 98902
ATTEST.
, 2009
PUBLIC DEFENDER
By.
/7 4
lic De
torney A# Caw
402 East Yakima Avenue, Suite 380
Yakima, WA 98901
Cit Contract No. x,06 // 7
Resolution No ieo?OD9'-„5-7
Page 3 of 8
CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
THIS AGREEMENT, made and entered into this 16 day of March 2009, by and between
Gillihan Law Office, of Yakima, Washington, hereinafter the "Public Defender", and the CITY
OF YAKIMA, a municipal corporation, hereinafter referred to as the "City"
WHEREAS, the Public Defender is an attorney licensed to practice law in the State of
Washington, with offices at 6th South Second Street, Suite 703, Yakima, WA 98901; and
WHEREAS, the parties hereto are desirous of effectuating an agreement whereby the
Public Defender will provide legal services for indigents and other eligible persons in the
Yakima Municipal Court and its various departments, now, therefore,
IT IS HEREBY mutually agreed as follows:
1 Duties. The Public Defender shall provide high quality defense attorney services
for indigent defendants charged with violating misdemeanor and gross misdemeanor
allegations occurring within the City of Yakima and processed by the City of Yakima Municipal
Court. 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, all proceedings in connection with deferred prosecutions, and competency
hearings Court appearances' during arraignments shall also be required as may be directed
from time to time by the Municipal Court
2 Public Defender Availability Public Defender services must be performed on all
court dockets Subject to paragraph 7, below, the Public Defender will provide services
required under this Agreement for fifty (50) cases per month, beginning with the Effective Date
hereof Cases in which a single person has several counts or charges under the same cause
number will constitute one (1) case or assignment regardless of the number of counts or
charges The composition and timing of assignments and appointments is at the discretion of
the City of Yakima, and will be made in consultation with other lawyers and law firms providing
Public Defender services to the City.
3 Minimum Staffing The Public Defender 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
4 Duty in Case of Conflict. In the event that representation of a defendant creates
a conflict of interest such that the assigned Public Defender cannot represent the defendant,
the Public Defender shall be responsible for identifying the same and notifying the Court
promptly so that substitute counsel may be obtained Performance of this duty is expected to
require reasonable cooperation by the Public Defender with the City of Yakima and with
Municipal Court Judges and Management to efficiently work with substitute defense counsel
obtained by appointment from a panel of suitable attorneys selected on a case-by-case basis,
who will be compensated at the sole expense of the City of Yakima
Page 1 of 8
5 Insurance Without limiting the Public Defender's indemnification, it is agreed that
the Public Defender shall maintain in force, at all times during the performance of this
Agreement, a policy or policies of insurance covering its operation as described below.
A. General Liability Insurance
The Public Defender shall maintain continuously public liability insurance with limits of
liability not less than Two Hundred and Fifty Thousand Dollars ($250,000) for each
person, personal injury, Five Hundred Thousand Dollars ($500,000) for each
occurrence, property damage, liability, or a combined single limit of Five Hundred
Thousand Dollars ($500,000) for each occurrence, personal injury and/or property
damage liability
The Public Defender shall provide a certificate of insurance or, upon written request of
the City of Yakima, a duplicate of the policy as evidence of insurance protection The
Public Defender shall immediately notify the City of any communication with their
insurance provider canceling or threatening to cancel insurance coverage under this
provision
B Professional Liability Insurance
The Public Defender shall maintain or ensure that its professional employees maintain
professional liability insurance for any and all acts which occur during the course of their
employment with the Public Defender which constitute professional services in the
performance of this Agreement. For purposes of this Agreement, professional services
shall mean any services provided by a licensed professional.
Such professional liability insurance shall be maintained in an amount not less than One
Million Dollars ($1,000,000) combined single limit per claim/aggregate The Public
Defender further agrees that it shall have sole and full responsibility for the payment of
any funds where such payments are occasioned solely by the professional negligence of
its professional employees and where such payments are not covered by any
professional liability insurance, including but limited to the amount of the deductible
under the insurance policy The Public Defender shall not be required to make any
payments for professional liability, if such liability is occasioned by the sole negligence of
the City. The Public Defender shall not be required to make payments other than its
judicially determined percentage, for any professional liability which is determined by a
court of competent jurisdiction to be the result of the comparative negligence of the
Public Defender and the City.
Such insurance shall not be reduced or canceled without thirty (30) days prior written
notice to the City The Public Defender shall provide certificates of insurance or, upon
written request of the City, duplicates of the policies as evidence of insurance protection
C Automobile Insurance
The Public Defender shall maintain in force at all times during the performance of this
contract a policy or policies of insurance covering any automobiles owned, leased, hired,
borrowed or used by any employee, agent, subcontractor or designee of the Public
Defender to transport clients of the City
Page 2 of 8
Such insurance policy or policies shall specifically name the City, their elected and
appointed officials, employees, volunteers, and agents as additional insureds Said
insurance coverage shall be primary insurance with respect to the City, and any
insurance, regardless of the form, maintained by the City shall be in excess of any
insurance coverage which the Public Defender is required to maintain pursuant to this
Agreement.
Automobile liability as stated herein shall be maintained at Five Hundred Thousand
Dollars ($500,000) combined single limit per accident for bodily injury and property
damage.
D. Workers' Compensation
The Public Defender shall maintain Workers' Compensation coverage as required by
law. The Public Defender shall provide a certificate of insurance or, upon written request
of the City, a certified copy of the policy as evidence of insurance protection
6 Specific Duties The Public Defender shall provide services necessary or
incidental to the performance of the work set forth in the PUBLIC DEFENDER - STATEMENT
OF WORK - EXHIBIT B and consistent with CLIENT REPRESENTATION PRACTICE
GUIDELINES- Exhibit C.
7. Term and Renegotiation. This Agreement shall commence on March 19, 2009,
and terminate on December 31, 2010, unless extended or sooner terminated as provided
herein. The parties hereby agree that the effective date of this agreement shall be March 1,
2009, which date is intended to allow for compensation for cases already in the Public
Defender's possession at the time of the execution of this Agreement; provided, that
compensation for work relating to said cases shall be encompassed within the compensation
set forth in paragraph 8, below, and shall not be made in addition to said compensation.
Provided, further, that the Parties agree that the City of Yakima will be responsible for payment
of invoices for work actually billed prior March 16, 2009, pursuant to and consistent with the
ruling regarding conflict counsel made by Judge Olwell of the Yakima Municipal Court on
February 26, 2009 Said amount is acknowledged and agreed to be the sum of $1,700 00,
which sum will not be deducted from the amount negotiated in this Agreement but which will be
paid in addition to the compensation setforth in paragraph 8, below The period of
performance may also be extended by mutual written agreement of the parties. Should the
Public Defender elect to re -negotiate this Agreement for an additional term beyond 2010, he
shall submit a proposal for compensation for additional service on or before June 1, 2010.
8 Compensation In return for the above -enumerated services, the Public Defender
shall receive compensation in a total fixed -fee amount as follows
For the calendar year of 2009. Thirty Nine Thousand Dollars ($39,000 ), provided,
that in contemplationof the effective date of this
agreement, this sum is acknowledged to be
payable in monthly installments of $3250.00
($39,000 00 / 12 = $3,250 00) beginning as of
March 1, 2009, and continuing on like basis for the
remainder of calendar year 2009, and
For the calendar year of 2010, Forty Thousand Dollars ($40,000.).
Page 3 of 8
•
The aforementioned amounts shall be payable in equal monthly 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 made to Gillihan
Law Office, 6 South Second Street, Suite 703, Yakima, WA, 98901
9 Expert Witnesses. The City shall, in addition, compensate the Public Defender
for all expert witness fees incurred by the Public Defender on behalf of indigent clients covered
by this Agreement upon application and approval of the court.
10. Assignment. The Public Defender shall not assign, transfer, or subcontract this
Agreement without obtaining prior written approval from the City
11 Successors Bound Subject to the provisions of Section 10, this Agreement shall
be binding upon and inure to the benefit of the parties hereto, their successors, and assigns
12 Ethic Compliance and Reports The Public Defender will provide the
aforementioned services in conformity with the rules of Professional Conduct and will provide
the Municipal Court and the City with any reports, fiscal or otherwise, which are reasonably
required in the performance of the Municipal Court's and the City's responsibilities An annual
report shall be provided by the Public Defender on a form approved by the City Manager on or
before August 1 of each year.
13 Taxes and Assessments. The Public Defender shall be solely responsible for
compensating its employees and for paying all related taxes, deductions and assessments,
including but not limited to, leasehold excise taxes, federal income tax, FICA, social security
tax, assessments for unemployment and industrial injury, and other deductions from income
which may be required by law or assessed against either party as a result of this Agreement. In
the event the City is assessed a tax or assessment as a result of this Agreement, the Public
Defender shall pay the same before it becomes due
14 Independent Contractor The parties agree that the Public Defender is an
independent contractor 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 Defender No agent, employee,
subcontractor, or representative of the Public Defender shall be deemed to be an employee,
agent, servant, or representative of the City Municipal Court for any purpose, and the
employees, agents, subcontractor, or representative of the Public Defender is not entitled to
any of the benefits the City provides for its employees. The Public Defender will be solely and
entirely responsible for his acts and for the acts of his agents, employees, subcontractors, or
otherwise, during the performance of this Agreement.
15. Indemnity. The Public Defender hereby agrees to release, indemnify, protect,
defend and save harmless the City 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
Defender or his employees or subcontractors Provided, however, that nothing herein shall be
deemed to require the Public Defender to indemnify the City or their elected or appointed
Page 4 of 8
officials, agents, volunteers, or employees for injury to persons, corporation, and/or property
arising from the sole negligence of the City and their elected or appointed officials, employees,
volunteers, and agents In case of suit or action brought against the City 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.
16 Non discrimination During the performance of this Agreement, Public Defender
shall not discriminate in violation of any applicable federal, state and/or local law or regulation
on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability,
honorably discharged veteran or military status, pregnancy, sexual orientation, and any other
classification protected under federal, state, or local law This provision shall include but not be
limited to the following' employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement.
17. Termination. The City of Yakima may terminate this Agreement, with or without
cause, upon ninety (90) days written notice sent by certified mail to the Public Defender at the
address listed in this Agreement. The parties shall negotiate a reasonable fee for services to
complete client representation which cannot be done through substituted counsel
18 Governing Law 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.
19 Venue Any action at law, suit in equity, or judicial proceeding for the enforcement
of this Agreement or any provisions thereof, shall be instituted and maintained only in the
Superior Court for Yakima County, Yakima, Washington
20. Integration It is understood and agreed that all understandings and agreements,
whether written or oral, heretofore had between the parties hereto are merged in this
Agreement, which alone fully and completely expresses their agreement, that neither party is
relying upon any statement or representation not embodied in this Agreement, made by the
other, and that this Agreement may not be changed except by an instrument in writing signed
by both parties.
21 Waiver of Breach. A waiver by either party hereto of a breach of the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the party not
in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or right
DATED this o day of (1/20 , 2009.
CITY OF YAKIMA PUBLIC DEFENDER
Page 5 of 8
By.��
R A. ZAIS
City Manager
129 North 2nd Street
Yakima, WA 98902
ATTEST
By.
City Contract No. "D49-37
Resolution No Qi9 7
P efender
Attorney At Law
6 South Second Street, Suite 703
Yakima, WA 98901
Page 6 of 8
EXHIBIT B
PUBLIC DEFENSE STATEMENT OF WORK
1. PUBLIC DEFENDER CONTRACTOR DUTIES AND RESPONSIBILITIES — The Public
Defender shall provide high quality indigent defense representation in the cases
assigned to it by the Yakima Municipal Court. The representation shall be consistent
with EXHIBIT C, CLIENT REPRESENTATION PRACTICE GUIDELINES as set forth
below. The representation shall be provided in a professional and skilled manner and
shall be in compliance with the Washington State Rules of Professional Conduct as well
as case law and applicable court rules defining the duties of counsel and the rights of
defendants in criminal cases. The Public Defender's primary and most fundamental
responsibility is to promote and protect the best interests of the client.
2. TASKS — The Public Defender shall perform the following tasks with regard to each
case to which the Public Defender is appointed.
A. Maintain a law office with a suitable client interview facility. The Public Defender
will provide adequate phone Tines, computers, postage, office equipment, office
supplies, office furniture and legal research tools to maintain a smooth running
and efficient law office.
B. Receive notices of appointment for indigent defendants each court day. Set up
and maintain files on each assigned defendant.
C. Establish and maintain client contact, keep the client informed of the progress of
the case, and effectively provide legal advice to the client throughout the
representation.
D. Timely interview defendants in custody anywhere in Yakima County. In custody
clients shall, at a minimum, be contacted within four (4) court days of
arraignment.
E. Meet at least weekly with the Assigned Prosecutor to discuss pending matters
F. Maintain continuity of representation at all stages of a case. Except for illness,
vacation or occasional conflicts, the assigned Public Defender shall appear at all
Municipal Court hearings with their clients.
G. Each full time attorney shall devote at least twenty (20) hours of his/her
professional time per week to the delivery of services pursuant to this
Agreement.
Page 7 of 8
3. COMPLAINTS
A. The Public Defender shall respond in writing to complaints addressed by the
City
B. The Public Defender shall immediately notify the City of Yakima in writing when it
become aware that a complaint lodged with the Washington State Bar
Association has resulted in reprimand, suspension, or disbarment.
Page 8 of 8
EXHIBIT C
CLIENT REPRESENTATION PRACTICE GUIDELINES
Meet and communicate regularly with the client
• Thoroughly explain to clients the constitutional, statutory and other rights that they have with
regards to their case
• Thoroughly explain to clients the elements of the offense(s) that the City must prove in order
to obtain their conviction at a trial
• Describe case procedures and timelines.
• Listen to client's questions and respond to them
• Enable clients to candidly communicate with counsel.
• Facilitate agreements by realistically evaluating allegations and evidence with clients
• Promptly communicate all offers of settlement.
Prepare cases well
• Conduct high quality, early case investigation.
• Conduct early case negotiations.
• Use discovery appropriately
• Prepare for and participate in alternate resolution opportunities that may be available
• Obtain experts and evaluators for cases involving disability, mental health, substance abuse
or similar issues, when appropriate.
• Draft well researched and written motions and other legal memoranda and other
documents.
• Competently and aggressively litigate hearings and trials if no agreement is reached
• Appear at all court hearings with clients
Ensure clients have adequate access to services, including court ordered treatment
and/or counseling
• Explain the importance of obtaining court ordered treatment and/or counseling services to
clients
• Develop a thorough knowledge of the resources available
• Explore with clients ways to effectively participate in court ordered treatment and/or
counseling
• Ask clients for feedback if obstacles prevent or impede their participation, and follow up with
the agency and in court when appropriate
• In appropriate cases, encourage clients to obtain necessary evaluations and enroll in
counseling and/or treatment even before ordered by the court to do so
Prevent continuances and delays within attorney's control
• Treat all cases assigned to counsel with the highest priority
• Avoid over scheduling whenever possible
• Request continuances only if they are needed for substantive reasons.
Page 9 of 8
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I /
For Meeting of 4/7/09
ITEM TITLE: Consideration of Resolution ratifying contract for public defender
representation of indigent defense services with: Gillihan Law Office and contract amendment
with Dixon and Lee Attorneys at Law
SUBMITTED BY: Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Zabell 575-6040
SUMMARY EXPLANATION: Attached for your review, consideration, and ratification is a
Resolution authorizing the City Manager to execute an agreement with the law firm of
Gillihan Law Office and to ratify an amendment of the current agreement with Dixon and Lee
Attorneys at Law.
Recent changes in the Rules of Professional Conduct (RPC) pertaining to conflict counsel for
indigent defendants have created an unfunded mandate for the City precipitating the need to
take on a greater role in providing for indigent defense services. This RPC change requires
that the City arrange for altemate Public Defender Counsel in the event of legal conflicts.
Previously that burden was assumed by the contracted public defender. In response to this
change, a contract was negotiated with the firm of Gillihan Law Office to serve as conflict
counsel.
The contract with Gillihan Law Office and contract amendment with Dixon and Lee Attorneys
at Law have been executed due to the immediate needs of the Court and the requirement to
provide legal defense for qualified indigent defendants.
Continued on page 2.
X Resolution Ordinance Contract X (2) Other (Misc. Information)
Funding Source — General Fund and Washington State Office of Public Defense Grant
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Approve the Resolution ratifying the City Manager's previous
execution of a contract with Gillihan Law Office for public defender conflict counsel services
and amendment to the existing contract with Dixon and Lee Attorneys at Law.
Page 2
Budgetary Considerations:
The proposed amendment to the Dixon and Lee contract adjusts compensation downward for
the remainder of 2009 from $365,000 to $345,000 per annum to account for a reduction of 50
cases per month and compensation for the burden of added case management
responsibilities. The current Dixon and Lee contract expires at the end of 2009.
The proposed contract with Gillihan Law Office extends from March 1, 2009 through the end of
2010 at an annualized rate of $39,000 for 2009 and $40,000 for 2010. In return Gillihan Law
Office will handle conflict cases from the primary Public Defense contractor, Dixon and Lee,
plus additional cases up to 50 per month.
In addition to the costs for primary Public Defense contractor, Dixon & Lee and conflict
attorney, Gillihan Law Office, smaller contracts will be required to provide indigent defense
services at times where both firms are conflicted out or where appeals occur. These costs are
estimated at approximately $15,000 per year.
Anticipated Indigent Defense Costs for 2009
Dixon & Lee $348,333
Gillihan Law Office $32,500
Appellate and additional $15,000
conflict attorneys
Total $395,833
The allocation for indigent defense in the adopted 2009 budget is $385,000. Anticipated 2009
grant revenues for indigent defense from the Washington State Office of Public Defense
(OPD) were budgeted at $115,000. The City was awarded an OPD grant of $150,000 for
2009, which is $35,000 more than was estimated at the time the budget was adopted.
While total anticipated costs for these services will exceed the 2009 budget by approximately
$10,833, projected grant revenues are $35,000 in excess of what was estimated. This
additional expenditure and increase in revenues will be addressed later in the year as part of a
comprehensive budget amendment.