HomeMy WebLinkAboutR-1993-149 Glen WarrenRESOLUTION NO. R-93-149
A RESOLUTION: authorizing the execution of a public defender contract for
1994.
WHEREAS, the City of Yakima criminally prosecutes persons for violations
of City ordinances in the Yakima County District Court; and
WHEREAS, Glen P. Warren has agreed to perform public defender services
for the City for the year 1994 for the annual fee of $64,937.50 payable in equal
monthly installments and in accordance with the provisions, terms, and
conditions of the City of Yakima Public Defender Agreement for 1994; and
WHEREAS, the City Council deems it to be in the best interests of the City to
contract with Glen P. Warren, Attorney at Law, and to appoint him as City of
Yakima Public Defender for the year 1994 under the terms and conditions of the
aforementioned agreement, 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 City of Yakima Public Defender Agreement
for 1994 with Glen Warren prior to December 31, 1993.
ADOPTED BY THE CITY COUNCIL this2lst day of December , 1993.
ATTEST: Mayor
City Clerk
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CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT
FOR 1994
THIS AGREEMENT, made and entered into this - "c day of_l'WA-, 1993, by
and between GLEN P. WARREN of Yakima, Washington as the Public Defender, and
the City of Yakima, hereinafter referred to as the City.
WITNESSETH:
WHEREAS, the Public Defender is an attorney licensed to practice law in the
State of Washington, with offices at 905 Larson Building, Yakima, Washington
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 County District Court and its various departments;
now, therefore,
IT IS HEREBY mutually agreed as follows:
1. The Public Defender shall provide defense attorney services for all-0c#���
indigent defendants charged with violating Yakima City ordinances in the k its
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 Defender. Court appearances during
arraignments shall also be required as may be directed from time to time by the
District Court.
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 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 Defender must provide a sufficient number of other 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 attorney shall be admitted to practice in
Washington. At a minimum, the Public Defender shall provide one full-time and
one half-time public defense attorney or three half-time public defenders
inclusive of Mr. Warren. Such attorney may engage in private practice so long as
it does not diminish the kind and quality of service required by this agreement.
The Public Defender and such defense attorneys as he may provide shall each
fulfill their annual Washington State Bar Association continuing legal education
requirement.
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4. In the event that representation of a defendant creates a conflict of
interest such that the Public Defender cannot represent the defendant, the Public
Defender shall be responsible for the referral of the defendant to outside counsel
at its 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 Defender. 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. Said insurance coverage shall be in effect throughout the term of
this agreement. Should such coverage be terminated for any reason, the services
of the attorney affected shall cease immediately.
7. The Public Defender shall generally function as follows:
a. Receive notices of appointment for indigent defendants each court
day.
b. 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 of Yakima Public
Defender.
f. Provide office support staff to perform the functions of the City of
Yakima Public Defender.
g.
Timely interview defendants in custody.
h. At least four 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.
i. Provide 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.
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8. The term of this agreement shall be from January 1, 1994 to January 1,
1995; provided, however, that the term of this agreement may be extended for one
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. 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 shall assume responsibility under the terms of this agreement
for that portion of the 1993 Public Defender's caseload which remains unresolved
at the commencing of this agreement.
9. In return for the above -enumerated services, the Public Defender shall
receive compensation in a total amount of Sixty -Four Thousand, Nine Hundred
Thirty -Seven Dollars and Fifty Cents ($64,937.50) for the year 1994. All
compensation 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.
The City shall, in addition, compensate the Public Defender for all expert
witness fees incurred by him on behalf of indigent clients covered by this
agreement upon application and approval of the court.
10. The Public Defender shall not assign, transfer, or subcontract this
agreement without obtaining prior written approval from the City.
11. The Public Defender 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 Defender on a form provided by
the City Prosecutor.
12. 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 or District
Court for any purpose, and the employees, agents, subcontractor, or
representative of the Public Defender are 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.
13. The Public Defender hereby agrees to release, indemnify, protect, defend
and save harmless the City and Yakima County and their elected and appointed
officials, employees, 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 Yakima County or
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their elected or appointed officials, agents, 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, and agents. In
case of suit or action brought against the City or County and/or their elected or
appointed officials, agents, 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 Defender shall not discriminate on the basis of race, creed,
color, national origin, or physical, mental, or sensory handicap in the
performance of this contract.
15. Either party may terminate this agreement upon 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.
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.
DATED thiof , 1993.
PUBLIC DEFENDER CITY OF YAKIMA
GLEN P. WARREN
Attorney at Law
905 Larson Building
Yakima, WA 98901
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R. A. ZAIS, JR.
City Manager
129 North 2nd Street
Yakima, WA 98901
ATTEST:
City Clerk
City Contract No.
Resolution No.