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HomeMy WebLinkAbout1-6039 Original agreementAGENDA BILL CITY OF BREMERTON 5 FCITYCOUNCIL SUBJECT: Study Session Date: October 23, 2019 Professional Services Agreement for Public COUNCIL MEETING Date: November 6, 2019 Defense Services with LaCross & Murphy, Department: Finance PLLC Presenter: Melinda Monroe Phone: (360)473-5306 SUMMARY: On July 10th, 2019 the City of Bremerton issued a RFP for public defense services. LaCross & Murphy, PLLC, the current public defense services provider, is recommended to be awarded the agreement. Their proposal provides for a decreased fixed cost with a savings of 25,000 annually, and a year-end reconciling of assigned cases, and payment adjustment as applicable, to insure compliance with State standards for caseloads for these services. ATTACHMENTS: Professional Services Agreement and Exhibit A: Washington State Supreme Court Indigent defense standards dated June 15, 2012. FISCAL IMPACTS (Include Budgeted Amount): $250,000 annually ($20,833.34 monthly) is included in the current budget. A year-end reconciling of cases could result in a year-end budget adjustment. STUDY SESSION AGENDA: CI Limited Presentation Full Presentation STUDY SESSION ACTION: © Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with LaCross & Murphy, PLLC for Public Defense Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: tgi Approve Deny Table [' Continue No Action Form Updated 01/02/2018 AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES LaCross & Murphy, PLLC This Agreement is made and entered into by and between the City of Bremerton ("the City"), a Washington municipal corporation and LaCross & Murphy, PLLC, a Professional Limited Liability Corporation ("Public Defender"), whose address is 559 Bay Street Port Orchard, Washington 98366. WHEREAS, the City has solicited legal services via the Public Defense Services Request for Proposal which closed on August 12, 2019, and LaCross & Murphy, PLLC is the awarded responder to this proposal, and WHEREAS, the City desires to have legal services, as described in the August 12th, 2019 Request for proposal and this Agreement, performed for indigent persons legally entitled to appointed representation in the City of Bremerton, by Public Defender as an independent contractor, and WHEREAS, the City and the Public Defender agree that any and all funds provided pursuant to this Agreement are provided for the sole purpose of provision of legal services to indigent persons prosecuted with crimes in Bremerton Municipal Court, NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows SECTION 1: DEFINITIONS A. Case Assignment: A case assignment is that particular case assigned by the Bremerton Municipal Court. B. Case Credit: Case credit is a non -weighted case assignment. C. City: City is the City of Bremerton. D. Client: An indigent person who has been assigned to the Public Defender by the Bremerton Municipal Court. E. Completed Case: A completed case involves all necessary legal action from arraignment through the end of jurisdiction. This includes the filing of a notice of appeal upon the client's request, application to proceed in forma pauperis on appeal, and a motion for appointment of appellate counsel but does not include the actual representation on appeal. F. Contract Administrator: Contract Administrator is the City of Bremerton Municipal Court Administration. G. Court: Court is the Municipal Court of Bremerton. Public Defense Services H. Criminal Case: A case is any one charge or series of related charges under one case number filed against one defendant/respondent. I. Criminal Case Disposition: The case assignment remains in effect to the end of jurisdiction of the case and shall include the filing of an appeal, if applicable. J. Discover\_ Discovery consists of those reports, letters, memorandums, after -action reports, incidents reports, witness statements, officers' statements, expert witness reports which the City Prosecutor is obligated to provide on a continuing basis under the City or State code and pursuant to the State and Federal Constitutional requirements. K. Le=!al Service: Legal service is legal representation provided by a licensed attorney and associated paraprofessional staff to an individual client, pursuant to a case assignment or court appointment. The attorney will be required by the Public Defender to satisfy the Code of Professional Responsibility, the law of the State of Washington and the United States in the full discharge of the duties to each individual client under this Agreement. L. Indigent Defendant: An indigent defendant is a person determined indigent by the Court, as being eligible for a court-appointed attorney, pursuant to RCW 10.101. M. Mayor: Mayor is the Mayor of Bremerton or designee. N. Misdemeanor Practice Area: 1. Misdemeanor Case: Any criminal case filed by the Bremerton City Attorney or designee in Bremerton Municipal Court whether a misdemeanor or a gross misdemeanor. 2. Misdemeanor Appeal: A misdemeanor appeal involves filing the notice of appeal, if necessary, perfecting the record following the filing of the notice of appeal, preparation of the transcript pursuant to Rule 6.3a RALJ, preparing such briefs and memoranda as are required, arguing the case in Superior Court, and handling such paperwork as the Superior Court's decision and orders direct. 3. Misdemeanor Writ: A writ involves filing notice, perfecting the record, preparing such briefs and memoranda as required, arguing the case in Superior Court and handling such paperwork as the Superior Court's decision and orders direct. O. Paraprofessional Staff: Investigators, social workers and paralegals. P. Public Defender: The Public Defender is LaCross & Murphy, PLLC. Q. Court Time: Time accounted for being the "attorney of the day" for arraignments and in custody matters that have not been assigned to the Public Defender. 2 Public Defense Services SECTION 2: PUBLIC DEFENSE STANDARDS The City adopts the following standards for the delivery of Public Defense Services, pursuant to RCW 10.101.030: A. Compensation of Counsel: Compensation of counsel shall be in accordance with the provisions set forth in sections 4 and 6 of this agreement. B. Duties and Responsibilities of Counsel: The duties and responsibilities of counsel shall be in accordance with this agreement. C. Caseload Limits: Public Defender will accept all caseloads for Bremerton misdemeanor cases, except cases in which there is a conflict of interest, and following six to eight months after the beginning of the term of this Agreement, shall review the case assignments with the City to evaluate and establish caseload limits, whether on a weighted basis or not, to meet the new case limit requirements set forth in Exhibit A. Case assignments are anticipated to exceed 800 non - weighted cases per year. D. Responsibility for Expert Witness and Investi Tator_Fees: After approval by the Court, expert witness and investigator fees will be paid by the City. E. Attorne` s and Staff. The Public Defender shall provide, at a minimum, two full-time attorneys and one full-time paraprofessional staff person to provide services pursuant to this Agreement. F. Sui)ervision: The Public Defender shall provide supervising attorneys at the following standards: one supervisor for every two attorneys. Supervisors shall ensure all new associates have been properly trained and are prepared to appear at the Bremerton Municipal Court and shall appear in court to assist in training of new associates as necessary. G. New Standards_: The Public Defender shall comply with the new standards for Indigent Defense adopted by the Washington State Supreme Court by order dated June 15, 2012, attached hereto as Exhibit A and incorporated herein by this reference. SECTION 3: TERM This Agreement shall commence on the first (1 st) day of November 2019 and terminate the thirty-first (31th) day of December 2021 unless extended or terminated earlier pursuant to the terms and conditions of this Agreement. SECTION 4: SCOPE OF WORK A. Purpose: The purpose of this agreement is to provide legal services through effective assistance of counsel to indigent persons. Legal services shall be statutorily and constitutionally based. B. Professional Conduct: 3 Public Defense Services 1. The Public Defender shall provide the services of attorneys and staff members in compliance with all of the applicable laws and administrative regulations of the State of Washington, the United States, Bremerton Municipal Code, and the Washington State Rules for Professional Conduct (RPC). 2. Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent, professional judgment by an attorney employed by the Public Defender with respect to any client wherein an attorney-client relationship has been established pursuant to the terms of this Agreement. 3. Nothing in this Agreement shall require or permit, without the consent of the client, access to or disclosure of any confidential communication made by a client to any attorney employed by the Public Defender or any such confidential communications made to agents or employees of the Public Defender for such attorney; the advice given by an attorney to a client; or any other statements and materials privileged from disclosure in a court of law. 4. Attorneys and staff employed by the Public Defender shall not solicit or accept any compensation, gifts, gratuities or services from any client. C. Eli,ible Population: The population served shall be indigent persons legally entitled to appointed legal services in Bremerton Municipal Court, as assigned by the Court. D. Case Assiamnent: The Public Defender shall accept all case assignments, except for cases in which there is a conflict of interest or other related issue that would prevent the Public Defender from accepting assignment of the case. E. Conflicts: The Public Defender reserves the right to decline to advise or represent any client on the basis of actual legal, ethical, or professional conflict of interest. The Public Defender shall be responsible for checking for conflicts and identifying if a conflict exists. The Public Defender shall have a written policy which explains how they define conflict cases. This policy must be approved by the Contract Administrator. The Public Defender shall perform a conflicts check before any substantial work is done on the case. F. Duties and Resp=onsibilities of the Public Defender: In order to perform its responsibilities under the Agreement, the Public Defender shall have the power and duty to: 1. Hire all Public Defender personnel; 2. Provide fiscal management; establish compensation of personnel; maintain payroll records and provide payments for all personnel including withholding of income taxes, payment of social security taxes, payment of worker compensation and industrial insurance taxes (where applicable), and fringe benefits; 3. Supervise and maintain the quality of staff and services received or performed, and provide internal evaluation sessions as necessary; 4. Suspend, remove, or terminate personnel not adequately performing the duties and responsibilities assigned, engaging in or condoning misconduct, or whose conduct or continued performance of duties is detrimental to the Public Defender program; 4 Public Defense Services 5. Accept and represent all cases and clients officially referred by the Court unless withdrawal from such representation is allowed in accordance with provisions as stated above; 6. In the event that this Agreement is terminated or not renewed, the Public Defender shall continue to provide services pursuant to this Agreement for three (3) months after the termination date. Public Defender shall not be assigned any new cases, however, Public Defender shall attempt to complete the representation of all clients who have been referred by the Court during the period in which the Agreement is in effect for the compensation received or receivable under the terms of the Agreement, provided that completed representation is not made impossible by a client's failure to appear. 7. Provide after-hours staffmg sufficient to take after-hours phone calls. G. Duties and Responsibilities of Public Defender Attorneys: In order to perform their duties under this Agreement, staff attorneys of the Public Defender shall: 1. Counsel and represent in all ensuing criminal proceedings before appeal those clients who are officially referred by the Court. Such services include but are not limited to: preparation for and representation of the client at the pretrial hearings, trial and at sentencing hearings or any other related proceedings. 2. Appear at all in -custody and arraignment calendars. 3. Counsel clients with regard to their rights to appellate review and file any necessary notice for appellate review when requested by a client. SECTION 5: PERFORMANCE AND QUALIFICATIONS A. Practice Standards and Records 1. The Public Defender shall ensure that all attorneys, paraprofessional staff and supervisors shall maintain contemporaneous records of all legal services provided on a specific case. The records shall provide a factual description of the work done and shall be sufficiently detailed to allow monitoring of legal service activity by the Contract Administrator, subject to any ethical obligations of the Public Defender. 2. Upon closing a case, all attorney, paraprofessional and supervisor files associated with the case shall be cross referenced and accessible as a whole for monitoring by the Contract Administrator, subject to any ethical obligations of the Public Defender. 3. The Public Defender shall establish practice standards to address the following substantive areas of Agreement compliance. The practice standards shall set objective expectations for each position and shall be measurable by objective means. With each practice standard, the Public Defender shall include a procedure for monitoring compliance with the standard. Written practice standards are due to the Contract Administrator annually. Practice standards should address the following areas: a. Attorney practice, including but not limited to; 5 Public Defense Services i. Lawyer -client relationship, initial case actions, investigation and preparation, preliminary hearings; disposition without trial; trial; post -conviction or fact finding and any other areas of attorney practice deemed appropriate by Public Defender. ii. Attorney use of paraprofessionals and expert service. b. Paraprofessional practice. C. Supervision of attorneys and paraprofessionals. 4. The Public Defender agrees that, within available resources, reasonable efforts will be made by the Public Defender to keep the initial attorney assigned to a client throughout any case in which representation is undertaken. The Public Defender is not prohibited from rotating attorneys or from assigning a single attorney to handle various aspects of legal proceedings for all indigent persons where such method of assignment is the most reasonable method of obtaining effective legal representation for indigent persons. 5. A member of the Public Defender staff shall visit any assigned in -custody criminal defendant and obtain basic contact and other fundamental intake information for a bond hearing within one (1) working day from notification to the Public Defender of the assignment of the case and the in -custody status of the client. This provision applies to clients in custody at any facility within Kitsap County. 6. The Public Defender attorneys shall attempt to make contact with all assigned clients within five (5) working days from a case assignment or no later than the day prior to the first pretrial hearing whichever comes first. 7. The Bremerton City Attorney's Office or designee is responsible for making a copy of discovery available to the Public Defender. The Public Defender shall request discovery as soon as possible after case assignment but no later than three (3) business days of the assignment, whether initial or subsequent, on any case. The Public Defender shall obtain a copy of discovery at arraignment if available. The Public Defender agrees that discovery may be provided in electronic format. 8. Discovery shall be reviewed within five (5) days after receipt for purposes of determining any conflicts of interest. The Public Defender shall notify the Contract Administrator immediately of any conflict of interest as defined by the Washington State Rules of Professional Conduct. The Public Defender shall provide the Contract Administrator with a written explanation stating the basis for the conflict in its notification, in addition to the required oral or written request to withdraw presented to the court. 9. The Public Defender shall establish and enforce policies and procedures to ensure that attorney time and other Defender resources funded by this Agreement shall only be used for work which is authorized by this Agreement. 10. The Public Defender shall ensure that a preliminary written response to any written complaints concerning services provided by the employees of the Defender or the Defender itself shall be submitted to the Contract Administrator within three (3) working days of the date the complaint is received by the Public Defender. Written complaints include e-mail communications from the Contract Administrator. The Contract Administrator shall copy the supervising attorney on any complaints sent to the Public Defender. 6 Public Defense Services 11. The Public Defender shall establish policies and procedures for pro-bono work provided by staff of the Public Defender. These policies and procedures shall assure that any such pro bono work is not provided to the exclusion or detriment of legal services that are the subject of this Agreement. 12. The Public Defender or his attorneys shall not provide transportation to any client assigned to the public defender pursuant to this Agreement. B. Minimum Attorne\ Oualifications: 1. Every attorney providing indigent defense services must be a licensed member of the Washington State Bar and be a member in good standing of the Bar. 2. Every Public Defender attorney shall satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; seven (7) hours of each year's required continuing legal education credits shall be in courses relating to criminal law practice or other areas of law in which the Public Defender provides legal services to clients under the terms of this Agreement or as otherwise required by the Washington State Office of Public Defense. The Public Defender will maintain for inspection on its premises records of compliance with this provision. 3. The Public Defender may employ interns pursuant to Admission to Practice Rule (APR) 9. No more than 5% of the cases handled by the Public Defender may be assigned to Rule 9 interns. However, Rule 9 interns may not be used to supplant the services of an attorney assigned by the Public Defender to perform the services of this Agreement. 4. The Public Defender attorneys who supervise the misdemeanor attorneys must have at least three years of criminal defense experience in superior, district or municipal courts in Washington State. 5. Unless prior written approval has been granted by the Contract Administrator, no attorney may provide services under this Agreement if that attorney has been removed from representation in a case for failure to perform basic services necessary to the case or to the client, or in any manner has been found to be ineffective on appeal by either an ethics panel or by an appellate court. C. Evaluations: The Public Defender Supervisor, or his/her designee, shall evaluate the professional performance of Public Defender attorneys and paraprofessional staff annually. Attorney evaluations should include monitoring of time and caseload records, review of case files, quality of case preparation, as well as in -court observation. Paraprofessional evaluations shall be sufficiently comprehensive to assess the quality of the actual work performed. The Contractor shall submit to the City a summary report of the annual attorney performance evaluations. The Contractor shall make available to the City its evaluation criteria and evidence evaluations were conducted, although all evaluations are to be confidential between the Contractor's director and the Contractor attorney. 7 Public Defense Services SECTION 6: PAYMENT A. The City shall pay the Public Defender for the services as specified in Section 4, Scope of Work, in the amount not to exceed $250,000.00 annually. Payments will be made in equal monthly payments. B. The City will pay the Public Defender by the thirtieth (30) working day of the following month C. In the event of failure to comply with any items and conditions of this Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in Section 13 of this Agreement. D. Adjustment. By October 31 st of the Calendar year the Public Defender and the Contracts Administrator shall review the year to date case assignment numbers (including all "court time" counts) and create an estimate of year end numbers. If it appears the estimated annual case load will result in an excess of 1,000 cases (pursuant to Exhibit A and Section 2. E of this agreement), these cases will be offered to the firm of LaCross and Murphy, PLLC, the Public Defender. If the Public Defender is able to accept additional caseload, they shall notify the Contracts Administrator of the estimated number of cases they can accept. If the Public Defender is unable to accept these cases due to caseload limits, they shall be assigned to another firm. 1. A final year end count will be made of assigned cases, completed by the Contract Administrator in January following the year of service. a. If the final count of assigned cases to the Public Defender is over the standard case load in Exhibit A and Section 2. E of this agreement, or 1,000 cases, a payment will be made to the Public Defender in the amount of $250.00 per case over the standard. b. If the final count of assigned cases to the Public Defender is below the standard case load in Exhibit A and Section 2. E of this agreement, less than 1,000, a payment will be made to the City by the Public Defender in the amount of $250.00 per case below the standard. SECTION 7: REPORTING REQUIREMENTS Case Manw-,ement S\ stem: The Public Defender will use a case management system that will allow them to file the reports described below. Reporting: The Public Defender will provide the Contract Administrator monthly reports within forty-five (45) working days after the close of each calendar month in acceptable format as follows: Report Title Due Date Monthly Court activity reports including Monthly (45 working days after the close of attorney assignments and hearings held each calendar month) 8 Public Defense Services Year-end reports, Annual Case assignment review, additional summaries, other reports or documents as requested by the Contract Administrator with reasonable notice These reports must contain: • Defendant's name • Case number(s) • Criminal charges filed • Disposition of each charge Due no later than January 31 st following the year of service. • Number of court hearings • Number of appeals filed annually • Defendant's jail custody status prior to sentencing • Bench Trial, Jury Trial, Plea or Dismissal • Attorney(s) name(s) • Date case assigned • Hours spent by attorney The City of Bremerton, or any of its duly authorized representatives, shall have access to any such books, records and documents for inspection, audit and copying. The report is due on or before the forty-fifth (45th) working day after the last day of the month of service. Payment may be withheld if reports are not submitted on time. The Public Defender will immediately notify the Contract Administrator in writing when it becomes aware that a complaint lodged with the Bar Association has resulted in reprimand, suspension, or disbarment of an attorney providing services under this Agreement. SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS All official notices under this Agreement shall be delivered to the following addresses (or such other address(es) as either party may designate in writing): If to Cit r': City!jerk City of Bremerton 345 6a' Street, Suite 100 Bremerton, WA 98337 (360) 473-5323 If to the Public Defender: Jacob Murphy LaCross & Murphy, PLLC 559 Bay Street Port Orchard, WA 98366 9 Public Defense Services SECTION 9: OTHER EMPLOYMENT The Public Defender agrees that its legal staff assigned to the Bremerton Municipal Court shall have as their primary employment representation of indigent clients in Bremerton Municipal Court. The Public Defender further agrees that it will abide by all provisions of this Agreement regarding Personal Performance of this Agreement. SECTION 10: CORRECTIVE ACTION If the City believes that a breach of this Agreement has occurred, and if the City believes said breach to warrant corrective action, the following sequential procedure shall apply: A. The City will notify the Public Defender in writing of the nature of the breach; B. The Public Defender shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies, and the proposed completion date for bringing its performance under this the Agreement into compliance, which date shall not be more than ten (10) working days from the date of the Public Defender's response; C. The City will notify the Public Defender in writing of the City's determination as to the sufficiency of the Public Defender's corrective action plan. The determination of the sufficiency of the Public Defender's corrective action plan will be at the sole discretion of the City; however, the City's determination of the sufficiency of the Public Defender's corrective action plan shall take into consideration the reasonableness of the proposed corrective action, in light of the alleged breach. In all cases where corrective action is determined by the City to be appropriate, the City shall work with the Public Defender to implement the plan; D. In the event that the Public Defender does not respond within the appropriate time with the corrective action plan, or the Public Defender's corrective action plan is determined by the City to be insufficient, the City may commence termination of this Agreement in whole or in part pursuant to Section 11 (B) Termination and Suspension; E. In addition, the City may withhold any payment owed the Public Defender and/or prohibit the Public Defender from incurring additional obligations of funds until the City is satisfied the corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 11 Termination and Suspension. SECTION 11: TERMINATION AND SUSPENSION A. Either party may terminate this Agreement for convenience upon one hundred twenty (120) days prior written notice. B. The City may terminate this Agreement in whole or in part upon ten (10) days' written notice to the Public Defender in the event: 10 Public Defense Services 1. The Public Defender substantially breaches any duty, obligation, or service required pursuant to this Agreement; or 2. The duties, obligations, or services herein become impossible, illegal, or not feasible, or 3. The City determines that the Public Defender Services are no longer necessary. Before the City terminates this Agreement pursuant to subsection 11(B), the City shall provide the Public Defender written notice of termination, which notice shall include the reasons for termination and the effective date of termination. The Public Defender shall have the opportunity to submit a written response to the City within (10) working days from the date of the City's notice. If the Public Defender elects to submit a written response, the Contract Administrator will review the response and make a determination within ten (10) days after receipt of the Public Defender's response. In the event this Agreement is terminated in whole or in part pursuant to Subsection B (1) of this Section, the Public Defender shall be liable for damages, including the reasonable costs of the procurement of similar services from another source unless it is determined by the Contract Administrator that (i) no default actually occurred, or (ii) the failure to perform was without the Public Defender's control, fault or negligence. C. Otherwise, this Agreement shall terminate on the date specified herein, and shall be subject to extension only by mutual agreement of both parries hereto in writing. D. Nothing herein shall be deemed to constitute a waiver by either party of any legal right or remedy for wrongful termination or suspension of the Agreement. E. In the event of termination, suspension, or non -renewal of this Agreement, all cases not required to be completed by the Public Defender shall be returned to the Contract Administrator for reassignment. SECTION 12: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION) The Public Defender shall address questions or claims regarding meaning and intent of the Agreement or arising from this Agreement in writing to the City Clerk, within ten (10) calendar days of the date in which the Public Defender knows or should know of the question or claim. The City will ordinarily respond to the Public Defender in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the thirtieth day following receipt by the City. SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY The Public Defender shall not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. 11 Public Defense Services SECTION 14: OTHER LEGAL REQUIREMENTS A. General Requirement: The Public Defender, at no expense to the City, shall comply with all applicable laws of the United States and the State of Washington; the Charter and ordinances of The City of Bremerton; and rules, regulations, orders, and directives of their administrative agencies and the officers thereof. Without limiting the generality of this paragraph, the Public Defender shall specifically comply with the following requirements of this section. B. Licenses and Similar Authorizations; The Public Defender, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. SECTION 15: INDEMNIFICATION The Public Defender does hereby release and shall defend, indemnify, and hold the City and its employees and agents harmless from all losses, liabilities, claims (including claims arising under federal, state or local environmental laws), costs (including attorneys' fees), actions or damages of any sort whatsoever arising out of the Public Defender's performance of the services contemplated by this Contract to the extent attributable to the acts or omissions, misconduct or breach of this Agreement by the Public Defender, its servants, agents, and employees. In furtherance of these obligations, and only with respect to the City, its employees and agents, the Public Defender waives any immunity it may have or limitation on the amount or type of damages imposed under any industrial insurance, worker's compensation, disability, employee benefit or similar laws. The Public Defender acknowledges that the foregoing waiver of immunity was mutually negotiated and agrees that the indemnification provided for in this section shall survive any termination or expiration of this Agreement. SECTION 16: INSURANCE A. Insurance certification required. The Public Defender must carry the following coverages and limits of liability: (1) Professional Liability (Errors, and Omissions) for attorneys with limits no less than $1,000,000 limit per occurrence/claim; and (2) Workers' Compensation insurance as statutorily required by the Industrial ILLC Insurance Act of the State of Washington, Title 51, Revised Code of Washington and -ms's liability W" limits than — ' COB Any payment of deductible or self-insured retention shall be the sole responsibility of the Public Defender. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. 12 Public Defense Services The Public Defender's Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Public Defender's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Public Defender to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 Oh Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS A. All records required under this Agreement shall be maintained for a period of (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. B. Willful failure to maintain or produce records or other required documentation during the time for maintenance of records may result in specific, related costs being disallowed. In the event the City has reason to believe that such a failure exists, notice shall be given to the Public Defender and the Public Defender shall respond in writing. The time for notification and response shall be the same as set forth in Section 11 (A). SECTION 18: AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS A. The Public Defender must ensure that the City has full access to materials necessary to verify compliance with all terms of this Agreement. At any time, upon reasonable notice during business hours and as often as the City may deem necessary for a period of six (6) years, the Public Defender shall provide to the City right of access to its facilities, including those of any subcontractor, data, and other data relating to all matters covered by this Agreement. Provided that if any such data, records or materials are subject to any privilege or rules of confidentiality the Public Defender must maintain such data in a form or manner to provide same to the City that will not breach such confidentiality or privilege. The Public Defender shall maintain such data and records in an accessible location and condition for a period of not less than six (6) years following the receipt of final payment under this Agreement, unless the City agrees in writing to an earlier disposition. The Public Defender agrees to cooperate with the City or its agent in the evaluation of the Public Defender's performance under this Agreement and to make available all information reasonably required by any such evaluation process or ongoing reporting requirements established by the 13 Public Defense Services City. The results and records of said evaluations and reports shall be maintained and disclosed in accordance with RCW Chapter 42.17. Notwithstanding any of the above provisions of this paragraph, all Constitutional, statutory, and common law rights and privileges of any indigent client are not waived. Provided further that nothing in this section shall require the disclosure of the names of any client represented pursuant to RCW 13.34 et seq, or RCW 71.02 et seq, or RCW 71.05 et seq. B. All such reports as are required under the terms of this Agreement shall be submitted to the City via electronic media (e-mail attachment or diskette) within the time limits for each report. SECTION 19: CONTRACTUAL RELATIONSHIP The relationship of the Public Defender to the City by reason of this Agreement shall be that of an independent contractor. This Agreement does not authorize the Public Defender to act as the agent or legal representative of the City for any purpose whatsoever and neither the Public Defender nor its employees shall be deemed employees of the City. The Public Defender is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. It is expressly understood and agreed that the Public Defender and the Public Defender's employees shall in no event be entitled to any benefits to which City employees are entitled, including, but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or leave benefits. The Public Defender shall complete this Agreement according to the Public Defender's own means and methods of work, which shall be in the exclusive charge and control of the Public Defender and which shall not be subject to control or supervision by the City, except such requirements for performance as are specified in this Agreement. The Public Defender agrees that it has secured or will secure at the Public Defender's own expense, all persons, employees, and equipment required to perform the services contemplated/required under this Agreement. SECTION 20: ASSIGNMENT AND SUBCONTRACTING The Public Defender shall not assign or subcontract any of its obligations under this Agreement without the City's written consent, which may be granted or withheld in the City's sole discretion. Said consent must be sought in writing by the Public Defender not less than fifteen (15) days prior to the date of any proposed assignment. Any subcontract made by the Public Defender shall incorporate by reference all the terms of this Agreement. The Public Defender shall ensure that all subcontractors comply with the obligations and requirements of the subcontract. The City's consent to any assignment or subcontract shall not release the Public Defender from liability under this Agreement, or from any obligation to be performed under this Contract, whether occurring before or after such consent, assignment, or subcontract. SECTION 21: INVOLVEMENT OF FORMER CITY EMPLOYEES A. The Public Defender shall promptly notify the City in writing of any person who is expected to perform any of the Work funded by this Agreement and who, during the twelve (12) 14 Public Defense Services months immediately prior to the expected commencement date of such work or subcontract, was a City officer or employee. B. The Public Defender shall ensure that no Work or matter related to the Work funded by this Agreement is performed by any person (employee, subcontractor, or otherwise) who: (1) was a City officer or employee within the past twelve (12) months; and (2) as such was officially involved in, participated in, or acted upon any matter related to the Work. SECTION 22: NO CONFLICT OF INTEREST The Public Defender confirms that the Public Defender does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Public Defender selection, negotiation, drafting, signing, administration, or evaluating the Public Defender's performance. As used in this section, the term "Public Defender" shall include any employee of the Public Defender who was, is, or will be involved in the negotiation, drafting, signing, administration, or performance of the Agreement. As used in this section, the term "close family relationship" refers to the following: spouse or domestic partner; any dependent parent, parent -in-law, child, son-in-law, or daughter-in-law; or any parent, parent -in- law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of a City officer or employee described above. SECTION 23: ERRORS & OMISSIONS; CORRECTION The Public Defender shall be responsible for the professional quality of all services furnished by or on the behalf of the Public Defender under this Agreement. The Public Defender, without additional compensation, shall correct or revise any Public Defender services immediately upon notification by the City. The obligation provided for in this section with respect to any acts or omissions during the term of this Agreement shall survive any termination or expiration of this Agreement. SECTION 24: CONFIDENTIALITY The parties agree that they will not permit the duplication or disclosure of any information designated in advance by the other party as "Confidential and Proprietary" to any person (other than its own employee, agent, or representative who must have such information for the performance of that party's obligations hereunder) unless such duplication, use or disclosure is specifically authorized in writing by the other party or is required by law. "Confidential and Proprietary" information does not include ideas, concepts, know-how or techniques related to information that, at the time of disclosure, is in the public domain unless the entry of that information into the public domain is a result of any breach of this Agreement. Likewise, "Confidential and Proprietary" information does not apply to information that is independently developed, already possessed without obligation of confidentiality, or rightfully obtained from a third party without an obligation of confidentiality. 15 Public Defense Services SECTION 25: EXTRA WORK The City may desire to have the Public Defender perform work or render services in connection with this project other than that expressly provided for in the "Scope of Work" section of this Agreement. This will be considered extra work, supplemental to this Agreement, and shall not proceed unless authorized by an amendment. Any costs incurred due to the performance of extra work prior to execution of an amendment will not be reimbursed under this Agreement or an amendment. SECTION 26: GENERAL CONDITIONS A. Amendments: No modification of this Agreement shall be effective unless in writing and signed by an authorized representative of each of the parties hereto. B. Binding Agreement: This Agreement shall not be binding until signed by both parties. The provisions, covenants and conditions in this Agreement shall bind the parties, their legal heirs, representatives, successors, and assigns. C. Applicable LawNenue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be in the Superior Court for Kitsap County. D. Remedies Cumulative: Rights under this Agreement are cumulative and nonexclusive of any other remedy at law or in equity. E. Captions: The titles of sections are for convenience only and do not define or limit the contents. F. Severability: If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. G. Waiver: No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Neither the acceptance by the City of any performance by the Public Defender after the time the same shall have become due nor payment to the Public Defender for any portion of the Work shall constitute a waiver by the City of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by the City, in writing. H. Entire Agreement: This document, along with any exhibits and attachments, constitutes the entire Agreement between the parties with respect to the Work. No verbal agreement or conversation between any officer, agent, associate or employee of the City and any officer, Public Defender, employee or associate of the Public Defender prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement. 16 Public Defense Services I. Negotiated AV-eement: The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such parry's draftsmanship thereof. J. Political Activity Prohibited: None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. K. Securi<<._Access:. City shall provide Public Defender three (3) access codes for entry into the court facility after hours, except that the Public Defender shall provide the names of those individuals who will use the access codes. L. Parking: City shall provide up to four (4) parking spaces as needed near the Municipal Court for Public Defender Staff. M. Written Notices_ All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: CITY: Attn: Melinda Monroe, Finance City of Bremerton 345 6a` Street, Suite 100 Bremerton, WA 98337-1891 Notices to be sent to: PUBLIC DEFENDER: Attn: Jacob Murphy, Esq. LaCross and Murphy, PLLC 559 Bay Street Port Orchard. WA 98366 N. Use of Photographs and Images_ Public Defender shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Public Defender or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. O. Work Performed at Public Defender's Risk: Public Defender shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -Public Defenders in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Public Defender's own risk, and Public Defender shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 17 Public Defense Services IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained herein, or attached and incorporated and made a part hereof, the parties have executed this Agreement by having their representatives aux their signatures below. CITY OF BREMERTON GR HEELER, MAYOR Date: It 4"1� Zo %at APPROVED AS FORM: Roger A. fubovich, City Attorney 18 LACROSS & MURPHY, PLLC Its: VAw� t/ Date: _ o.ri..4e/ 4�Yetct Public Defense Services EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS CrR 3.1 STANDARDS FOR INDIGENT DEFENSE Preamble The Washington Supreme Court adopts the following Standards to address certain basic elements of public defense practice related to the effective assistance of counsel. The Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRLJ 3.1/JuCR 9.2 references specific "Applicable Standards." The Court adopts additional Standards beyond those required for certification as guidance for public defense attorneys in addressing issues identified in State v. A.N.J., 168 Wash.2d 91 (2010), including the suitability of contracts that public defense attorneys may negotiate and sign. To the extent that certain Standards may refer to or be interpreted as referring to local governments, the Court recognizes the authority of its Rules is limited to attorneys and the courts. Local courts and clerks are encouraged to develop protocols for procedures for receiving and retaining Certifications. [Adopted effective October 1, 2012.] Standard 1. Compensation [Reserved.] Standard 2. Duties and Responsibilities of Counsel [Reserved.] Standard 3. Caseload Limits and Types of Cases Standard 3.1. The contract or other employment agreement shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle. [Adopted effective October 1, 2012.] Standard 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. [Adopted effective October 1, 2012.] Standard 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 EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS 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 including cases from more than one category of cases, these standards should be applied proportionately to determine a fall caseload. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the caseload should be based on the percentage of time the lawyer devotes to public defense. The experience of a particular attorney is a factor in the composition of the case types in the attorney's caseload, but it is not a factor in adjusting the applicable numerical caseload limits except as follows: attorneys with less than six months of full time criminal defense experience as an attorney should not be assigned more than two thirds of the applicable maximum numerical caseload limit. This provision applies whether or not the public defense system uses case weighting. 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. Definition of case. 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. [Adopted effective October 1, 2012; amended effective January 1, 2015.] Standard 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 EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS 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 a 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 full-time attorneys. In public defense systems in which attorneys are assigned to represent groups of clients at first appearance or arraignment calendars without an expectation of further or continuing representation for cases that are not resolved at the time (except by dismissal) in addition to individual case assignments, the attorneys' maximum caseloads should be reduced proportionally recognizing that preparing for and appearing at such calendars requires additional attorney time. This provision applies both to systems that employ case weighting and those that do not. Resolutions of cases by pleas of guilty to criminal charges on a first appearance or arraignment 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. This provision applies both to systems that employ case weighting and those that do not. In public defense systems in which attorneys are assigned to represent groups of clients in routine review hearing calendars in which there is no potential for the imposition of sanctions, the attorneys' maximum caseloads should be reduced proportionally by the amount of time they spend preparing for and appearing at such calendars. This provision applies whether or not the public defense system uses case weighting. [Adopted effective October 1, 2013, except paragraph 3, regarding misdemeanor caseload limits, effective January 1, 2015; amended effective January 1, 2015.] Standard 3.5. Case Counting and Weighting. Attorneys may not count cases using a case weighting system, unless pursuant to written policies and procedures that have been adopted and published by the local government entity responsible for employing, contracting with, or appointing them. A weighting system must: EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS 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; C. not institutionalize systems or practices that fail to allow adequate attorney time for quality representation; D. be periodically reviewed and updated to reflect current workloads; and E. 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 upward. In addition, a case weighting system should consider factors that might justify a case weight of less than one case. [Adopted effective October 1, 2012; amended effective January 1, 2015.] Standard 3.6. Case Weighting Examples. 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- Upward. 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 upward and counted as more than one case. B. Case Weil_Itin- 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, EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS representations of material witnesses, and other matters or representations of clients that do not involve new criminal charges. Noncomplex sentence violations should be weighted as at least 1/3 of a case. iii. 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. Representation of a person in a court of limited jurisdiction on a charge which, as a matter of regular practice in the court 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 noncriminal disposition that does not involve a finding of guilt. Such cases should be weighted as at least 1/3 of a case. [Adopted effective October 1, 2012; amended effective January 1, 2015.] Related Standards ABA STANDARDS FOR CRIMINAL JUSTICE: PROSECUTION FUNCTION AND DEFENSE FUNCTION Defense Function std. 4-1.2 (3d ed. 1993) ABA STANDARDS FOR CRIMINAL JUSTICE: PROVIDING DEFENSE SERVICES Std. 5-4.3 (3d ed. 1992) AM. BAR ASS'N, GUIDELINES FOR THE APPOINTMENT AND PERFORMANCE OF DEFENSE COUNSEL IN DEATH PENALTY CASES (rev. ed. 2003) ABA Comm. on Ethics & Prof 1 Responsibility, Formal Op. 06-441 (2006) (Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation) Am. Council of Chief Defenders, Statement on Caseloads and Workloads (Aug. 24, 2007) ABA House of Delegates, Eight Guidelines of Public Defense Related to Excessive Caseloads (Aug. 2009) TASK FORCE ON COURTS, NAT'L ADVISORY COMM'N ON CRIMINAL STANDARDS & GOALS, COURTS std. 13.12 (1973) MODEL CODE OF PROF'L RESPONSIBILITY DR 6-101. ABA House of Delegates, The Ten Principles of a Public Defense Delivery System (Feb. 2002) ABA House of Delegates, Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (Feb. 1996) Nat'l Legal Aid & Defender Ass'n, Am. Council of Chief Defenders, Ethical Opinion 03- 01 (2003). Nat'l Legal Aid & Defender Ass'n, Standards for Defender Services std. IV -1 (1976) Nat'l Legal Aid & Defender Ass'n, Model Contract for Public Defense Services (2000) EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS Nat'l Ass'n of Counsel for Children, NACC Recommendations for Representation of Children in Abuse and Neglect Cases (200 1) Seattle Ordinance 121501 (June 14, 2004) Indigent Defense Servs. Task Force, Seattle -King County Bar Ass'n, Guidelines for Accreditation of Defender Agencies Guideline 1 (1982) Wash. State Office of Pub. Defense, Parents Representation Program Standards of Representation (2009) BUREAU OF JUDICIAL ASSISTANCE, U.S. DEP'T OF JUSTICE, INDIGENT DEFENSE SERIES NO. 4, KEEPING DEFENDER WORKLOADS MANAGEABLE (2001) (NCJ 185632) Standard 4. Responsibility of Expert Witnesses [Reserved.] Standard 5. Administrative Costs Standard 5.1. [Reserved.] Standard 5.2. A. Contracts for public defense services should 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 supplies; training; meeting the reporting requirements imposed by these standards; and other costs necessarily incurred in the day-to-day management of the contract. 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. [Adopted effective October 1, 2012.] Standard 6. Investigators Standard 6.1. Public defense attorneys shall use investigation services as appropriate. [Adopted effective October 1, 2012.] Standards 7-12 [Reserved.] Standard 13. Limitations on Private Practice EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS 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. [Adopted effective October 1, 2012.1 Standard 14. Qualifications of Attorneys Standard 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 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. Be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association and when representing youth, be familiar with the Performance Guidelines for Juvenile Defense Representation approved by the Washington State Bar Association; and E. Be familiar with the consequences of a conviction or adjudication, including possible immigration 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 expert services; and G. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. [Adopted effective October 1, 2012; amended effective April 24, 2018.] Standard 14.2. Attorneys' qualifications according to severity or type of cases A. Death Penalty Retzresentation. 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: ' 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. EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS i. The minimum requirements set forth in Section 1; and ii. At least five years' criminal trial experience; and iii. 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 in 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 The defense team in a death penalty case should include, at a minimum, the two 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—Class A. Each 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 SPRC 2 APPOINTMENT 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 15.2(f) and (h), the Supreme Court will determine all motions to withdraw as counsel on appeal. 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 must have five years' experience in the practice of criminal law (and) 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 make 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 criminal 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. EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS b. has served two years as a public defender; or two years in a private criminal practice; and iii. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in three felony cases that have been submitted to a jury. C. Adult Felonv Cases lass B Violent Offense. Each 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 l; 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 iii. Has 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. Each attorney representing a client in an adult sex offense case shall meet the following requirements: The minimum requirements set forth in Section 1 and Section 2(C); and ii. Has 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 Felon% Cases—All Other Class B Felonies, Class C Felonies. Probation or Parole Revocation. Each 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 ii. Either: a. has served one year as a prosecutor; or EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS 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. Each 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. Each attorney acting as lead counsel in a "two strikes" or "three strikes" 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 ii. Have at least: a. four years' criminal trial experience; and b. one year's experience as a felony defense attorney; and 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 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 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: 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 of public 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." EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS i. 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 iii. 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. H. Juvenile Cases—Classes B and C. Each attorney representing a juvenile accused of a Class B or C felony shall meet the following requirements: i. 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 iii. 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. I. Juvenile Sex Offense Cases. Each attorney representing a client in a juvenile sex offense case shall meet the following requirements: i. The minimum requirements set forth in Section 1 and Section 2(H); and ii. Has 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. 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 EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS ii. Either: 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 CLE 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. Each 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. Derendenc% Cases. Each attorney representing a client in a dependency matter shall meet the following requirements: i. The minimum requirements as outlined in Section 1; and ii. Attorneys handling termination hearings shall have six months' dependency experience or have significant experience in handling complex litigation. iii. 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 iii. 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 EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS 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 iv. Shall not represent a respondent in a jury trial unless he or she has conducted a felony jury trial 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: i. The minimum requirements set forth in Section 1; and ii. Have at least: a. Three years' criminal trial experience; and b. One year's experience as a felony defense attorney or one year's experience as a criminal appeals attorney; and C. Experience as lead counsel in at least one felony trial; and d. Experience 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 case should meet the minimum requirements in Section 1 and have either one year's 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 EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS ii. Each 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 case with a state Office of Public Defense resource attorney or other attorney qualified in this area of practice. P. Specialty Courts. Each 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. [Adopted effective October 1, 2012.] Standard 14.3. Appellate Representation. Each 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 B. 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 ii. 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. RALJ Misdemeanor A1)1'eals to Sul)erior 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 a RALJ appeal. EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS [Adopted effective October 1, 2012.] Standard 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. [Adopted effective October 1, 2012.] Standards 15-18 [Reserved.] CERTIFICATION OF COMPLIANCE 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. The certification must be in substantially the following form: EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE STANDARDS SEPARATE CERTIFICATION FORM Court of Washington I [ ] No.: for State of Washington , Plaintiff VS. Defendant The undersigned attorney hereby certifies: [ ] Administrative Filing CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1 / CrRLJ 3.1 / JuCR 9.2 1. Approximately % of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I 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 investigative services as 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 October 1, 2013 for felony and juvenile offender caseloads; effective January 1, 2015 for misdemeanor caseloads: 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 the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2, Sections B -K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. [Effective October 1, 2013] Signature, WSBA# Date CNA Agency: 775233 Branch: 912 LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS Policy Number: 652219254 1. NAMED INSURED AND ADDRESS: LaCross & Murphy PLLC 559 Bay Street Port Orchard, WA 98366 Insurance is provided by Continental Casualty Company, 151 North Franklin Street Chicago IL 60606 A Stock Insurance Company. NOTICE TO POLICYHOLDERS: This is a Claims Made and Reported policy. It applies only to those claims that are both first made against the insured and reported in writing to the Company during the policy period. Please review the policy carefully and discuss this coverage with your insurance agent or broker. 2. POLICY PERIOD: Inception: 05/01 /2020 at 12:01 A.M. Standard Time at the address shown above Expiration: 05/01 /2021 3. LIMITS OF LIABILITY: Inclusive of Claims Expenses Death or Disability and Non -Practicing Extended Reporting Period Limit of Liability: Each Claim: S1,000,000 Aggregate: $2,000,000 Each Claim: $1,000,000 Aggregate: $2,000,000 4. DEDUCTIBLES: Inclusive of Claims Expenses Aggregate: $5,000 5. POLICY PREMIUM: Annual Premium: Total Amount: Includes CNA Risk Control Credit of Includes Lawyers Data Breach and Network Security Premium, see coverage endorsement if applicable $6,231.00 $6,231.00 $ 0.00 6. FORMS AND ENDORSEMENTS ATTACHED AT INCEPTION: G-118011-A (Ed. 06/2015), G-118012-AC (Ed. 03/1999), CNA-82437-XX (Ed. 06/2015), G-118024-A (Ed. 04/2008), G-118029-A (Ed. 04/2008), G-118039-A46 (Ed. 01/2012), G-1I8063-A46 (Ed. 05/2008), G-118064-A46 (Ed. 09/1996) 7. WHO TO CONTACT: To report a claim: CNA — Claims Reporting P.O. Box 8317 Chicago, IL 60680-8317 Fax: 866-773-7504 / Online: www.cna.com/claims Email: SpecialtyProNewLoss@cna.com Lawyers Claim Reporting Questions: 800-540-0762 04/28/2020 Authorized Representative Date G-118012-AC (Ed. 03/99) Page 1 CNA Continental Casualty Company 151 North Franklin Street Chicago, IL -60606 LAWYERS PROFESSIONAL LIABILITY POLICY Policy Number: 652219254 Name of Each Lawyer Daniel Peel David LaCross Eric Dore Jacob Murphy John Brennan ATTORNEY SCHEDULE ATTYSCH Page 1