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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 Page -1 (is)res/pubdefender jv 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. Page 1 of 4 agr/pubdefender.sw 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. Page 2 of 4 agr/pubdefender.sw 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 Page 3 of 4 agr/pubdefender.sw 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 Page 4 of 4 agr/pubdefender.sw R. A. ZAIS, JR. City Manager 129 North 2nd Street Yakima, WA 98901 ATTEST: City Clerk City Contract No. Resolution No.