HomeMy WebLinkAboutRESOLUTION 34083408RESOLUTIONNO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, updating Resolution No.3221 and adopting
the new supreme court standards for the delivery of public defense
services
WHEREAS, RCW10.101.030 requires the City of Bremerton to adopt standards
for the delivery of public defense services for indigent persons; and
WHEREAS, the Washington State Supreme court has updated order No. 25700-
A-1004 with new rule CrR 3.1/CrRJL 3.1/JuCR9.2, and new Order numbers: No. 25700-A-1644
and No. 25700-A-1671; and
WHEREAS, the City Council desires to adopt new updated public defense service
standards and award the professional servicesagreement and budget as presented; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Adoption. To ensure that indigent criminal defendants receive
high-quality legal representation through a public defense system that efficiently and effectively
protects the constitutional requirement of effective assistance of counsel, the City hereby adopts the
standards for delivery of public defense services for indigent persons issued by the Supreme Court
of Washington via CrR 3.1/CrRJL 3.1/JuCR9.2 and Order No. 25700-A-1644 and Order No.
25700-A-1674 incorporated herein as Attachment A.
XXXXXXXXXXXXXXXXXXX
SECTION 2. Severability. If any one ormore sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect
the validity of the remaining portion of this Resolution and the same shall remain in full force and
effect.
SECTION 3.Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
Resolution No. ______ 3408
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PASSED bythe City Council of the City of Bremerton, Washington this _____
day of __________________, 20__.
ERIC YOUNGER,
Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
3408ResolutionNo. ______
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17th
December 25
THE SU PREME COURT OF WASHINGTON
O RD E RINTHEMATTEROFTHESTANDARDSFOR )
INDIGENT DEFENSE IMPLEMENTATION OF ) NO. 25700-A-1644CrR3.1, CrRLJ 3.1, AND JuCR 9.2 )
The Washington State Supreme Court in October 2023 requested that the Washington
State Bar Association (“WSBA”) Council on Public Defense (“CPD”) review a newly released
National Public Defense Workload Study (“The Rand Study”) and provide recommendations, if
any, to the Court.
As a result of that review, the CPD proposed comprehensive revisions to the WSBA
Standards for Indigent Defense Services. The WSBA Board of Governors, after receiving public
comments, adopted the proposed revised Standards and forwarded them to the Court with a
recommendation that the Court incorporate the WSBA-adopted revised Standards into the
Court’sStandards in CrR3.1, CrRLJ 3.1, and JuCR 9.2.
The Court, in June 2024, published the WSBA proposed Standards for comment and held
two public hearings on those proposed Standards on September 25, 2024 and November 13,
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PAGE 2
ORDER
IN THE MATTER OF THE STANDARDS FOR INDIGENT DEFENSE IMPLEMENTATION
OF CrR 3.1, CrRLJ 3.1, AND JuCR 9.2
2024. The Court has, to date, held three lengthy internal work sessions to review all of the
comments and testimony, and to discuss each proposed Standard.
Although the Court has not completed its full review, the Court is aware that: (1) budget
planning is underway in local jurisdictions; (2) it would help that process for planners to know as
soon as possible about any revised caseload standards that will be adopted; and (3) the crisis in
the provision of indigent criminal defense services throughout our state requires action now to
address the crisis and to support quality defense representation at every level. Thus, in advance
of a full decision on all parts of the CPD’s proposal, we provide this summary communication of
the Court’sconclusions on caseloads. The reality is that many aspects of indigent criminal
defense services vary by structure and location, so the Court is adopting an approach which
accommodates that diversity while fostering real and meaningful reductions in caseloads as soon
as possible, where necessary.
Now therefore, it is hereby ORDERED:
1. Effective January 1, 2026, the caseload standard for each full-time appointed
felony attorney for any 12 month period shall be 47 felony case credits; and for each full-time
appointed misdemeanor attorney for any 12 month period shall be 120 misdemeanor case credits;
and for each full-time appointed attorney for a respondent in civil commitment proceedings for
any 12 month period shall be 250 commitment case credits. Implementation of these caseload
standards must beaccomplished as soon as reasonably possible. Implementation may, however,
be accomplished in a phased approach with an annual reduction of at least 10% of the difference
between the current standard and the new standard (as measured on January 1, 2026), until the
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PAGE 3
ORDER
IN THE MATTER OF THE STANDARDS FOR INDIGENT DEFENSE IMPLEMENTATION
OF CrR 3.1, CrRLJ 3.1, AND JuCR 9.2
new standard has been met. Full compliance must occur no later than ten years from January 1,
2026.
2. The Court declines to adopt the mandatory method of case counting and
weighting in the proposed standards. However, we endorse the importance of case weighting to
measure case credits and actual case counts, including inherited cases, to make the mandatory
caseload limits meaningful. Thus, case weighting to measure case credits is permissible and
encouraged. Case weighting should rely on written policies and procedures that have been
adopted and published by the local government entity responsible for employing, contracting
with, or appointing counsel for indigent defendants and respondents. Such case weighting may
use the method in the Rand Study relied upon by the WSBA CPD and the rules for weighting
contained in the WSBA’sadopted Standards. All policies on case counting and weighing shall,
at a minimum, comply with principles in the current court rule Standards 3.5 and 3.6. If no case
weighting system is adopted, the maximum caseload count is the actual number of cases
referenced above for each case type.
3. There shall be an evaluation of the progress and impact of these caseload
standards three years after the effective date of these standards. Implementation shall continue
during the evaluation.
4. Rule amendments concerning revised caseload standards will be announced in the
near future, once the court’s review is complete.
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PAGE 4
ORDER
IN THE MATTER OF THE STANDARDS FOR INDIGENT DEFENSE IMPLEMENTATION
OF CrR 3.1, CrRLJ 3.1, AND JuCR 9.2
IT IS SO ORDERED, this 9thday of June,2025.
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TH E SUPREME COURT OF WASHINGTON
CL A RI F YI NG
IN THE MATTER OF THE STANDARDS FOR ) O R DE RINDIGENTDEFENSEIMPLEMENTATIONOF )
CrR 3.1, CrRLJ 3.1, AND JuCR 9.2 ) NO. 25700-A-
On June 9, 2025, this court issued Order No. 25700-A-1644 which set revised caseload
standards for attorneys appointed to represent indigent criminal defendants and other
respondents. Questions have arisen regarding two aspects of the Court’sdecision to allow a
phased approach to full implementation: one question concerns implementation of the 10%
annual reduction and the other question concerns implementation of the requirement to achieve
compliance with the reduced caseload standards “as soon as reasonably possible.”
Therefore, to clarify the Court’s requirements on these points, the Court enters the
following explanation:
1.The requirement that the reduced caseload standards be implemented “as soon as
reasonably possible” does not allow for any increase in caseloads above those currently in place,
even in jurisdictions that are already ahead ofthe court’s implementation schedule. Similarly,
failing toimplement annual reductions is contrary toimplementation “as soon as reasonably
possible.”
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Page 2
CLARIFYING ORDER
IN THE MATTER OFTHE STANDARDS FOR INDIGENT DEFENSE IMPLEMENTATION
OF CrR 3.1, CrRLJ 3.1, AND JuCR 9.2
2.The provision allowing for “an annual reduction ofat least 10% of the difference
between the current standard and the new standard (as measured on January 1, 2026), until the
new standard has been met” requires asteady yearly decrease in caseloads of no less than 10% of
the difference between the current caseload maximum standard and the new caseload maximum
standard, now expressed in case credits for any 12 month period.
The following calculations illustrate how the 10% annual reduction is calculated:
a.10.3 felony case credits (representing 10% of 103, the difference between the
current standard of 150 cases and the standard effective on January 1, 2026 of 47 case credits).
b.18 misdemeanor case credits (representing 10% of 180, the difference between
the current standard of300 cases and the standard effective on January 1, 2026 of 120 case
credits).
IT IS SO ORDERED.
DATED at Olympia, Washington this 5th day of November, 2025.
For the Court
ACTINGCHIEF JUSTICE
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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/ MPR 2.1references 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 Wn.2d 91 (2010), including the
suitability of contracts that public defense attorneys may negotiate and sign. To the extent that
certain Standards may refer toor be interpreted as referring tolocal 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; Amended effective February 1, 2021.\]
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 togive
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 todescribe 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
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 orassigned counsel is carrying a mixed caseload including cases from more
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than one category of cases, these standards should be applied proportionately to determine a full
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 afactor in the composition of the case types in
the attorney’s caseload, but it isnot a factor in adjusting the applicable numerical caseload limits
except as follows: attorneys with less than six months offull 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 adocument with the court naming a
person as defendant or respondent, towhich 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
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 toan 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
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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 bythe local government entity responsible for employing, contracting with, or
appointing them. A weighting system must:
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, acase 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 oftime and resources should be weighted upward and counted asmore than one
case.
B. Case Weighting Downward. Listed below are some examples of situations where case
weighting might justify representations being weighted less than one case. However, care must
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betaken 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 aspecific purpose (not including representations of multiple cases on routine
dockets).
ii. Cases in the criminal oroffender case type that do not involve filing of new criminal
charges, including sentence violations, extraditions, 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
ABASTANDARDS FORCRIMINAL JUSTICE:PROSECUTION FUNCTION ANDDEFENSE
FUNCTION Defense Function std. 4-1.2 (3d ed. 1993)
ABASTANDARDS FORCRIMINAL JUSTICE:PROVIDING DEFENSE SERVICES std. 5-4.3 (3d ed.
1992)
AM.BARASS’N,GUIDELINES FOR THEAPPOINTMENT AND PERFORMANCE OFDEFENSE
COUNSEL INDEATH PENALTY CASES (rev. ed. 2003)
ABA Comm. on Ethics & Prof’lResponsibility, 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)
TASKFORCE ONCOURTS,NAT’LADVISORY COMM’NONCRIMINAL STANDARDS &GOALS,
COURTSstd. 13.12 (1973)
MODEL CODEOFPROF’LRESPONSIBILITYDR 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’lLegal 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)
Nat’l Ass’n of Counsel for Children, NACC Recommendations for Representation of
Children in Abuse and Neglect Cases (2001)
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)
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Wash. State Office of Pub. Defense, Parents Representation Program Standards of
Representation(2009)
BUREAU OFJUDICIAL ASSISTANCE, U.S.DEP’TOFJUSTICE,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 asappropriate.
Adopted effective October 1, 2012.\]
Standards 7-12
RESERVED\]
Standard 13. Limitations on Private Practice
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.\]
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
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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; when representing youth, be familiar with
the Performance Guidelines for Juvenile Defense Representation approved by the Washington
State Bar Association; andwhen representing respondents incivil commitment proceedings, be
familiar with the Performance Guidelines for Attorneys Representing Respondents in Civil
Commitment Proceedings approved by the Washington Bar Association; and
E. Be familiar with the Washington State Guidelines for Appointed Counsel in Indigent
Appeals; and
F. 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
G. Be familiar with mental health issues and be able to identify the need to obtain expert
services; and
H. Complete seven hours ofcontinuing legal education within each calendar year in
courses relating to their public defense practice.
Adopted effective October 1, 2012; Amended effective April 24, 2018; February 1, 2021;
September 1, 2021.\]
1Standard14.2. Attorneys' qualifications according to severity or type of case:
A. Death Penalty Representation. 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:
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 tocompletion; and
iv. Have served as lead or co-counsel in atleast 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
2vii. Meet the requirements of SPRC 2.
1Attorneysworkingtowardqualificationforaparticularcategoryofcasesunderthisstandardmayassociatewithleadcounsel
whoisqualifiedunderthisstandardforthatcategoryofcases.
2
SPRC2
APPOINTMENT OF COUNSEL
Atleasttwolawyersshallbeappointedforthetrialandalsoforthedirectappeal. Thetrialcourtshallretainresponsibility
forappointing counselfortrial. TheSupremeCourtshallappointcounselforthedirectappeal. NotwithstandingRAP15.2(f) and
h), theSupremeCourtwilldetermineallmotionstowithdrawascounselonappeal.
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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 aprosecutor; or
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 inthree felony cases that have been submitted toa jury.
C. Adult Felony Cases—Class B Violent Offense. Each attorney representing a defendant
accused ofa Class B violent offense 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 one year as aprosecutor; or
b. has served one year asa public defender; orone 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 intwo Class C felony cases that have been submitted to a jury.
D. Adult Sex Offense Cases. Each attorney representing a client inan adult sex offense
case shall meet the following requirements:
i. The minimum requirements set forth inSection 1 and Section 2(C); and
ii. Has been counsel alone of record in an adult orjuvenile 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 Felony 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
Alistofattorneyswhomeettherequirementsofproficiencyandexperience, andwhohavedemonstratedthattheyare
learnedinthelawofcapitalpunishmentbyvirtueoftrainingorexperience, andthusarequalifiedforappointmentindeath
penaltytrialsandforappealswillberecruitedandmaintained byapanelcreatedbytheSupreme Court. Allcounselfortrialand
appealmusthavedemonstratedtheproficiencyandcommitmenttoqualityrepresentationwhichisappropriatetoacapitalcase.
Bothcounselattrialmusthavefiveyears’ experienceinthepracticeofcriminallaw (and) befamiliar withandexperiencedinthe
utilizationofexpertwitnessesandevidence, andnotbepresentlyservingasappointed counselinanotheractivetrialleveldeath
penaltycase. Onecounselmustbe, andbothmaybe, qualifiedforappointmentincapitaltrialsonthelist, unlesscircumstances
existsuchthatitisinthedefendant’sinteresttoappointotherwisequalified counsellearnedinthelawofcapitalpunishmentby
virtueoftrainingorexperience. Thetrialcourtshallmakefindingsoffactifgoodcauseisfoundfornotappointinglistcounsel.
Atleastonecounselonappealmusthavethreeyears’ experienceinthefieldofcriminalappellatelawandbelearnedinthe
lawofcapitalpunishmentbyvirtueoftrainingorexperience. Inappointing counselonappeal, theSupremeCourtwillconsider
thelist, butwillhavethefinaldiscretionintheappointmentofcounsel.
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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
b. has served one year as a public defender; or one year ina private criminal practice; and
iii. Has been trial counsel alone or with other trial counsel and handled a significant portion
of the trial intwo criminal cases that have been submitted toa jury; and
iv. Each attorney shall beaccompanied 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:
3i. The minimum requirements set forth in Section 1;and
ii. Have at least:
a. four years’ criminal trial experience; and
b. one year’sexperience as a felony defense attorney; and
c. experience as lead counsel in at least one Class Afelony 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 aprior conviction that is one of the predicate
cases resulting in the possibility of life in prison without parole is a sex offense; and
3. 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:
i. The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
3RCW10.101.060(1)(a)(iii) providesthatcountiesreceivingfundingfromthestateOfficeofPublicDefenseunderthatstatute
mustrequire “attorneyswhohandlethemostseriouscasestomeetspecifiedqualificationsassetforthintheWashingtonstatebar
associationendorsedstandardsforpublicdefenseservicesorparticipateinatleastonecaseconsultationpercasewithofficeof
publicdefenseresourceattorneyswhoaresoqualified. Themostseriouscasesincludeallcasesofmurderinthefirstorsecond
degree, persistentoffendercases, andclassAfelonies.”
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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 orher 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 orher first juvenile trial bya supervisor if
available.
I. Juvenile Sex Offense Cases. Each attorney representing a client ina 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 orjuvenile sex offense case or shall be
supervised by or consult with an attorney who has experience representing juveniles or adults in
sex offense cases.
J. Juvenile Status Offenses Cases. Each attorney representing aclient in a “Becca” matter
shall meet the following requirements:
i. The minimum requirements as outlined in Section 1; and
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 isqualified 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. Dependency 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
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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 befamiliar 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 astate 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
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 inSection 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
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f. One year of appellate experience ordemonstrated 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 inthe preparation of criminal cases, including legal research and writing
and training intrial advocacy.
O. Contempt ofCourt Cases. Each attorney representing a respondent shall meet the
following requirements:
i. The minimum requirements set forth in Section 1; and
ii. Each attorney shall be accompanied at his or her first three contempt of court hearings
by asupervisor or more experienced attorney, or participate in atleast 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:
i. 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 inat 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 Appeals to Superior 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 orexperience
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 aRALJ
appeal.
Adopted effective October 1, 2012.\]
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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.
Adoptedeffective October 1, 2012.Per Supreme Court Order No. 25700-A-1642entered on
June 5, 2025, Standard 14 is suspended for one year from the date of the Order, or until the Court
otherwise orders.\]
Standards 15-18
RESERVED\]
CERTIFICATION OF COMPLIANCE
For criminal and juvenile offender cases, and civil commitment proceedings under chapter
71.05 RCW, a signed Certification ofCompliance 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:
SEPARATE CERTIFICATION FORM
Court of Washington No.: __________________
for _______________________________________ Administrative Filing
State of Washington_______________________,
Plaintiff
CERTIFICATION OFAPPOINTEDvs. COUNSEL OFCOMPLIANCE WITH
STANDARDS REQUIRED BY
CrR 3.1 /CrRLJ 3.1 / JuCR 9.2Defendant
The undersigned attorney hereby certifies:
1. Iam familiar with the Standards for Indigent Defense adopted by the Supreme Court
which apply toattorneys appointed to represent indigent clients.
2. Ifile certification forms in each court in which Iprovide indigent defense representation.
3. Approximately _____ % of my total practice time isdevoted to indigent defense cases.
Approximately _____ % of my total practice time is devoted to indigent defense cases in
this court.
4. Iam appointed in other courts to provide indigent defense representation. My practice
time in each is approximately as follows: ___ Not Applicable
Court: __________________ % oftotal practice: ______
Court: __________________ % oftotal practice: ______
Court: __________________ % oftotal practice: ______
5. Caseload: Ilimit the number of cases and mix of case types to the caseload limits
required by Standards 3.2, 3.3, and 3.4. My caseload is prorated to the percentage of my
practice devoted to indigent defense.
6. Qualifications: Imeet the minimum basic professional qualifications inthe revised
WSBA Standards for Indigent Defense Services. Iam familiar with the specific case
Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B
qualifications in the WSBA Standards for Indigent Defense Services and accept
appointment as lead counsel only when Imeet the qualifications for that case.
7.Office: Ihave access to an office that accommodates confidential meetings, a postal
address, and adequate telephone and communication services as required by Standard
5.2.
8. Investigators: Ihave investigators available to me and use investigative services as
appropriate, as required byStandard 6.1.
Signature, WSBA# Date
Adopted effective October 1, 2012. Amended effective September 1, 2013; September 17, 2013;
October 1, 2013; February 1, 2021; October 31, 2023. Per Supreme Court Order No. 25700-A-
1642entered on June 5, 2025, the provisions of item 6 (“Qualifications”) have been modified
during the suspension of Standard 14 of CrR 3.1, CrRLJ 3.1, and JuCR 9.2.\]
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AGREEMENT FOR CITY OF BREMERTON
PUBLIC DEFENSE SERVICES
2026
This Amendment specifically amends the professional services agreement made and
entered into by and between the City of Bremerton (“the City”), a Washington municipal
corporation and Yelish, Barker & Cunningham, PLLC, a Professional Limited Liability
Corporation, whose address is 1963 Bethel rd. SE, Port Orchard, Washington, 98366 with the
City of Bremerton.
WHEREAS, the City solicited legal services via the Public Defense Services
Request for Proposal which closed on Dec 1, 2025, and Yelish, Barker, Cunningham,
PLLC is the awarded responder to this proposal;
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. Arraignments/Motions to Revoke: Hearing with a public defender for an indigent
person(s) where the defendant is formally notified of the charges against them and asked to enter
a plea of guilty, not guilty or no contest and to address bail and conditions of release. Hearing to
address new crimes based on a Motion to revoke and new court compliance requirements.
B. Case Assignment: A case assignment is that particular case assigned by the Bremerton
Municipal Court upon completion of arraignment or motion to revoke hearing.
C. Case Credit: Case credit is a weight case assignment.
D. City: City is the City of Bremerton.
E.Client: An indigent person who has been assigned to the Public Defender by the
Bremerton Municipal Court.
F. Completed Case: A completed case involves all necessary legal action from arraignment
through the end of jurisdiction. This includes the filing of a notice ofappeal 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.
G.Contract Administrator:City of BremertonContract’s Administrator
H. Court: Court is the Municipal Court of Bremerton.
I. Criminal Case: A case is any one charge or series of related charges under one case
number filed against one defendant/respondent.
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J. 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.
K. Discovery: Discovery consists of those reports, letters, memorandums, after-action
reports, incidents reports, witness statements, officers' statements, expert witness reportswhich
the City Prosecutor is obligated to provide on acontinuing basis under the City orState code and
pursuant to the State and Federal Constitutional requirements.
L.Legal Service: Legal service is legal representation provided by a licensed attorney and
associated paraprofessional staff to anindividual 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 ofWashington and the United States in the full
discharge of the duties to each individual client under this Agreement.
M.Indigent Defendant: An indigent defendant is a person determined indigent by the Court,
as being eligible for acourt-appointedattorney, pursuant to RCW 10.101.
N. Mayor: Mayor is the Mayor of Bremerton or designee.
O. Misdemeanor Practice Area:
1. Misdemeanor Case: Any criminal case in accordance with the classification of
RCW 9A.20.010 (2) filed by the Bremerton City Attorney or designee in Bremerton Municipal
Court .
2. Misdemeanor Appeal: A misdemeanor appeal involves filing the notice of
appeal, ifnecessary, 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 asare
required, arguing the case in Superior Court, and handling such paperwork as the Superior
Court's decision and orders direct.
P. 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.
SECTION 2: PUBLIC DEFENSE STANDARDS
The City adopts the following standards for the delivery of Public Defense Services, pursuant to
RCW 10.101.030 and Exhibit Aof this agreement:
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
inaccordance with this agreement.
C.Caseload Limits: Public Defender will accept all caseloads for Bremerton misdemeanor
cases, except cases inwhich there is a conflict of interest, and following six toeight months after
the beginning of the term of this Agreement, shall review the case assignments with the City to
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evaluate and establish caseload limits, whether on aweighted basis or not, to meet the new case
limit requirements set forth in Exhibit A. Case assignments are anticipated at 1,200cases per
year.
D. Responsibility for Expert Witness and Investigator Fees:Responsibility for professional
services, expert witness, investigators, social workers, interpreters and language assistance
providers: After approval by the Court, professional services fees including: expert witness fees,
investigator fees, social service provider fees, language assistance provider fees, and interpreter
fees will be paid by the City.
E.Attorneys and Staff: The Public Defender shall provide, at a minimum, four (4) full-time
attorneys and one full-time paraprofessional staff person to provide services pursuant to this
Agreement.
F. Supervision: The PublicDefender shall provide supervising attorneys at the following
standards: one supervisor for every twoattorneys.Supervisors shall ensure all new associates
have been properly trained and are prepared toappear at the Bremerton Municipal Court and
shall appear incourt toassist intraining of new associates as necessary. A supervising attorney
hired after the effective date of this agreement shall have at least three (3) year’s experience in
criminal law.
G. Standards: The Public Defender shall comply with the most current standards for
Indigent Defense adopted by the Washington State Supreme Court, and as updated from time to
time, most recently updated by order No. 25700-A-1644 and No. 25700-A-1671, attached hereto
as Amended Exhibit A and incorporated herein by this reference.
SECTION 3: TERM
This Agreementshall commence on the first (1st) day of January 2026 and terminate the thirty-
first (31st) day of December 2026 unless extended or terminated earlier pursuant to the terms and
conditions of this Agreement. Option to renew for two (2) additional one (1) year terms is
available upon written request from the Public Defender, if submitted sixty (60) days prior to
contract expiration.
SECTION 4: SCOPE OF WORK
A. Purpose: The purpose ofthis agreement is toprovide legal services through effective
assistance ofcounsel toindigent persons. Legal services shall be statutorily andconstitutionally
based.
B.Professional Conduct:
1. The PublicDefender shall provide the services of attorneys and staff members in
compliance with all of the applicable laws and administrative regulations of the Stateof
Washington, the United States, BremertonMunicipal Code, and the Washington State Rules for
Professional Conduct (RPC).
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2. Nothing in this Agreementshall 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 tothe
terms of this Agreement.
3. Nothing in this Agreement shall require orpermit, without the consent of the
client, access to or disclosure of any confidential communication made by aclient 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
anycompensation, gifts, gratuities or services from any client.
C. Eligible Population: The population served shall be indigent persons legally entitled to
appointed legal services in BremertonMunicipal Court, as assigned by the Court.
D. Case Assignment: 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 ofactual legal, ethical, or professional conflict of interest. The Public
Defender shall be responsible for checking for conflicts and identifying if aconflict exists. The
PublicDefender shall have a written policy which explains how they define conflict cases. This
policy must be approved by the Contract Administrator. The PublicDefender shall perform a
conflicts check before any substantial work is done on the case.
F. Duties and Responsibilities 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, orwhose conduct or
continued performance of duties is detrimental to the Public Defender program;
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;
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6. In the event that this Agreement is terminated or not renewed, the Public
Defender shall continue to provide services pursuant to this Agreementfor 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 inwhich the Agreement isin 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 staffing 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 PublicDefender shall:
1. Counsel and represent in all ensuing criminal proceedings before appeal those
clients who are officially referred bythe Court. Such services include but are not limited to:
preparation for and representation of the client at the pretrial hearings, trial and atsentencing
hearings or any other related proceedings.
2. Appear atall in-custody and arraignment calendars
3. Counsel clients with regard totheir rights toappellate review and file any
necessary notice for appellate review when requested by a client.
4. Maintain a presence from a licensed attorney at regular, 8 am to 5 pm hours, at the
Bremerton Municipal Court.
SECTION 5: PERFORMANCE AND QUALIFICATIONS
A. Practice Standards and Records
1. The PublicDefender shall ensure that all attorneys, paraprofessional staff and
supervisors shall maintain contemporaneous records ofall legal services provided ona 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 asa whole for monitoring bythe 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;
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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 ofattorneys and paraprofessionals.
4. The PublicDefender 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 orfrom assigning a single attorney to handle various aspects oflegal
proceedings for allindigent persons where such method of assignment is the most reasonable
method ofobtaining effective legal representation for indigent persons.
5. Amember of the Public Defender staff shall visit any assigned in-custody
criminal defendant and obtain basic contact and other fundamental intake information for abond
hearing within one (1) working day from notification tothe Public Defenderof 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’sOffice or designee isresponsible for making a
copy of discovery available to the Public Defender. The PublicDefender shall request discovery
assoon 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 inits notification, in addition to the required
oral or written request to withdraw presented tothe court.
9. The Public Defender shall establish and enforce policies and procedures toensure
that attorney time and other Defender resources funded by this Agreement shall only beused 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 bythe 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
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communications from the Contract Administrator. The Contract Administrator shall copy the
supervising attorney on any complaints sent tothe Public Defender.
11. The PublicDefender shall establish policies and procedures for pro-bono work
provided by staff ofthe 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 Attorney Qualifications:
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 incourses 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 Agreementor as otherwise required by the Washington State Office of
Public Defense. The Public Defender will maintain for inspection on its premises records of
compliancewith this provision.
3. The PublicDefender may employ interns pursuant to Admission toPractice Rule
APR) 9. Case assignment toRule 9 interns shall be limited based on the applicable caseload
standards adopted in Section 2 of this Agreement. However, Rule 9 interns may not beused 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 toperform basic services necessary tothe case or to the client,
or in any manner has been found to be ineffective on appeal byeither an ethics panel or by an
appellate court.
C. Evaluations:
The PublicDefender Supervisor, or his/her designee, shall evaluate the professionalperformance
of Public Defender attorneys and paraprofessional staff annually. Attorney evaluations should
include monitoring oftime 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
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available to the City its evaluation criteria andevidence evaluations were conducted, although all
evaluations are tobe confidential between the Contractor's director and the Contractor attorney.
SECTION 6: PAYMENT
A. Base Compensation. The City shall pay the Public Defender for the services as specified
in Section 4, Scope ofWork, in the amount not toexceed five hundred-ninety six thousand four-
hundred twenty dollars and zero cents ($596,420.00)annually.Payments will be made in equal
monthly paymentsper the price schedule in Exhibit B of this agreement. This rate assumes a cap
of 285 misdemeanor cases per full-time attorney unweighted or with case weighting policy with
the following weight designations:High misdemeanor equals 1.5 case credits; Low misdemeanor
equals 1 case credit; Court time (arraignment or other hearing) equals .33 of a case credit.
B. Payments in addition toBase Compensation. In addition to the flat fee compensation, the
City will reimburse required attorney training courses up to $2,166 annually per attorney and the
City will reimburse Public Defender for associated Attorney’s Bar fees annually per employee.
Reimbursement will beprovided when an invoice and satisfactory support is received bythe
City.
C. Auxiliary benefits. In addition to the direct monetary compensation the City of
Bremerton offers office and parking space for up to four (4) attorneys and one (1) paralegal;
Utilities: office technology including in office phone lines and desk phones, internet
connectivity; and city network printer access.
D. Invoicing and payment issuance. The public defender shall submit regular billing
statements detailing work performed and amount charged on each task or portion thereof. The
descriptions shall conform to and fall within the categories set out in herein. Upon receipt of a
conforming billing statement, the City shall process payment orrespond with requested changes
within 30 days or reciept of invoice. PROVIDED, HOWEVER, the City reserves the right to
prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth
herein.
Public Defender shall not perform work beyond the Scope of Work, nor shall be compensated for
such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Public Defender shall only be compensated for Auxiliary benefits if requested.
If abilling statement does not conform to this Agreement, the City may withhold payment until
the statement isbrought into compliance. Such withholding does not relieve Public Defender of
itsobligations under this Agreement.
The City willpay the Public Defender bythe thirtieth (30) working day of the month following
service upon receipt ofa conforming invoice and reporting.
E. 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 inlieu of the City’s right to termination as
provided in Section 11 of this Agreement.
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F. Adjustment. By October 31st 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 itappears the estimated
annual case load will result in an excess of 1,200 cases (pursuant to Exhibit A and Section 2. E
of this agreement), these cases will beoffered to the firm of Yelish, Barker & Cunningham,
PLLC, the Public Defender. If the Public Defender is able toaccept 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 bemade of assigned cases, completed bythe 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 1,200 cases, apayment
will be made to the Public Defender in the amount of $500 per case over the standard.
SECTION 7: REPORTING REQUIREMENTS
Case Management System: 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
thirty (30) working days after the close of each calendar month inacceptable format asfollows:
Report Title Due Date
Monthly Court activity reports including Monthly (30working days after the close of
attorney assignments and hearings heldeach calendar month)
Year-end reports, Annual Case assignment Due no later than January 31st following the
review, additional summaries, other reports or year ofservice.
documents asrequested bythe Contract
Administrator with reasonable notice
These reports must contain:
Case number(s)
Criminal charges filed
Disposition ofeach charge
Number of court hearings
Number of appeals filed annually
Defendant’sjail custody status prior to sentencing
Bench Trial, Jury Trial, Plea or Dismissal
Attorney(s) name(s)
Date case assigned
Hours spent by attorney
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The City of Bremerton, orany of itsduly 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 thirtieth (30th) working day after the last day of the month of service. Payment may be
withheld if reports are not submitted on time.
The PublicDefender 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, ordisbarment of anattorney 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) aseither party may designate in writing):
If to City:
City of Bremerton
th3456Street, Suite 100
Bremerton, WA 98337
360) 473-5306
If to the PublicDefender:
Attn: Laura Yelish
c/o Yelish, Barker & Cunningham, PLLC
1963 Bethel Rd. SE
Port Orchard, WA 98366
SECTION 9: OTHER EMPLOYMENT
The PublicDefender agrees that its legal staff assigned to the Bremerton Municipal Court shall
have as their primary employment representation of indigent clientsin Bremerton Municipal
Court. The Public Defender further agrees that itwill abide by all provisions of this Agreement
regarding Personal Performance ofthis 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 ofits receipt
ofsuch notification, which response shall indicate the steps being taken to correct thespecified
deficiencies, and the proposed completion date for bringing its performance under thisthe
Agreement into compliance, which date shall not be more than ten (10) working days from the
date ofthe Public Defender's response;
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C. The City will notify the Public Defender in writing ofthe City’s determination as tothe
sufficiency of the PublicDefender's corrective action plan. The determination ofthesufficiency
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'scorrective action plan shall
take into consideration the reasonableness of the proposed corrective action, in light of the
alleged breach. In allcases where corrective action isdetermined by the City to be appropriate,
the City shall work with the Public Defender toimplement 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 inpart
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 bedeemed 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 inthe event:
1. The Public Defender substantially breaches any duty, obligation, or service
required pursuant to this Agreement; or
2. The duties, obligations, orservices 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 Agreementpursuant 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 electsto submit a written response, the Contract
Administrator will review the response and makea 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 ofthe
procurement ofsimilar services from another source unless it isdetermined by the Contract
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Administrator that (i) no default actually occurred, or (ii) the failure to perform waswithout the
Public Defender's control, fault ornegligence.
C. Otherwise, this Agreement shall terminate on the date specified herein, and shall be
subject to extension only bymutual agreement of both parties hereto in writing.
D. Nothing herein shall be deemed to constitute awaiver 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 PublicDefender 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 ofthe
Agreement or arising from this Agreement in writing to the CityClerk,within ten (10) calendar
days of the date inwhich the Public Defender knows or should know of the question or claim.
The City will ordinarily respond to the Public Defender in writing with adecision, but absent
such written response, the question or claim shall bedeemed 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 foremployment
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.
SECTION 14. OTHER LEGAL REQUIREMENTS
A. General Requirement: The PublicDefender, at no expense to the City, shall comply with
allapplicable laws of the United States and the State of Washington; the Charter andordinances
ofThe City of Bremerton; and rules, regulations, orders, and directives of their administrative
agencies and the officers thereof. Without limiting the generality of thisparagraph, the Public
Defender shall specifically comply with the following requirements of this section.
B. Licenses and Similar Authorizations: The PublicDefender, at no expense to the City,
shall secure and maintain in full force and effect during the term of this Agreement allrequired
licenses, permits, and similar legal authorizations, and comply with allrequirements thereof.
SECTION 15: INDEMNIFICATION
The PublicDefender 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 orlocal environmental laws), costs (including attorneys’ fees), actions ordamages
of any sort whatsoever arising out of the PublicDefender’sperformance of the services
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contemplated by this Contract tothe extent attributable to the acts or omissions, misconduct or
breach of this Agreement by the Public Defender, its servants, agents, and employees. In
furtherance ofthese obligations, and only with respect to the City, its employeesand 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’scompensation, 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 inthis
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
Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's
liability with limits not less than $1,000,000
Any payment of deductible or self-insured retention shall bethe sole responsibility ofthe
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 ofall the required insurance
policies and endorsements. The City further reserves the right to reject any unacceptable policies
and/or endorsements.
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
thbycertifiedmail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6
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.
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SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS
A. All records required under this Agreement shall bemaintained for aperiod 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 inspecific, related costs being disallowed. In the
event the City has reason to believe that such a failure exists, notice shall be given to thePublic
Defender and the Public Defender shall respond in writing. The time fornotification 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 tomaterials necessary to
verify compliance with all terms of this Agreement. At any time, upon reasonable notice during
business hours and asoften asthe City may deem necessary for a period ofsix (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 ormaterials are subject toany privilege or rules of confidentiality
the Public Defender must maintain such data in a form or manner to provide same to the City
that willnot breach such confidentiality or privilege.
The Public Defender shall maintain such data and records in an accessible location andcondition
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
City. The results and records ofsaid evaluations and reports shall bemaintained 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 ofany indigent client are not waived. Provided
further that nothing inthis section shall require the disclosure ofthe names of any client
represented pursuant toRCW 13.34 et seq, or RCW 71.02 et seq, orRCW 71.05 etseq.
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 ofthe 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 toact as the
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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 isnot
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 tobind the City in any manner or thing
whatsoever. It is expressly understood and agreed that the Public Defender and the Public
Defender’semployees shall in no event be entitled to any benefits to which City employees are
entitled, including, but not limited toovertime, any retirement benefits, worker's compensation
benefits, and injury leave or leave benefits. The PublicDefender shall complete this Agreement
according tothe PublicDefender’sown 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 bythe City, except such requirements for performance asare 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’swritten consent, which may be granted or withheld in the City’s sole
discretion. Said consent must besought in writing bythe PublicDefender not less than fifteen
15) days prior to the date of any proposed assignment. Any subcontract made bythe Public
Defender shall incorporate byreference all the terms of this Agreement. The Public Defender
shall ensure that allsubcontractors comply with the obligations and requirements ofthe
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 bythis Agreement and who, during the twelve (12)
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
thisAgreement 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) assuch 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
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Public Defender's performance. As used inthis section, the term "Public Defender" shallinclude
any employee of the Public Defender who was, is, or will be involved in thenegotiation,
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 inthe household ofa 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 onthe 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 ofany 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 ofthat party’s obligations hereunder) unless such duplication, use ordisclosure 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 ofdisclosure, is inthe public domain unless the entry of that
information into the public domain isa 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, orrightfully obtained from a
third party without an obligation of confidentiality.
SECTION 25: EXTRA WORK
The City may desire to have the Public Defender perform work or render services inconnection
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, andshall not
proceed unless authorized byan 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 ofthis Agreement shall beeffective unless in writing and
signed by an authorized representative of each of the parties hereto.
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B. Binding Agreement: This Agreement shall not be binding until signed by both parties.
Theprovisions, covenants and conditions in this Agreementshall bind the parties, their legal
heirs, representatives, successors, and assigns.
C.Applicable Law/Venue: 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 orin equity.
E.Captions: The titles of sections are for convenience only and do not define or limit the
contents.
F. Severability: If any term orprovision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shallnot
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 anywaiver ofthe
breach of any covenant, term or condition shall not be deemed to be awaiver ofany preceding or
succeeding breach of the same or any other covenant, term or condition. Neither the acceptance
by the City ofany performance by the PublicDefender 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 ofthe breach or default of any covenant, term or condition unless otherwise
expressly agreed to bythe 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 ofthe City and any officer,
PublicDefender, employee or associate of the PublicDefender prior to the execution of this
Agreement shall affect ormodify any of the terms or obligations contained in this Agreement.
I. Negotiated Agreement: The parties acknowledge that this is a negotiated agreement, that
they have had the opportunity to have this Agreementreviewed by their respective legalcounsel,
and that the terms and conditions of this Agreement are not tobe construed against any party on
the basis of such party'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 tofurther the election or defeat of any candidate forpublic
office.
K. Security 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.
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L. Parking: City shall provide up tofour (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 1st class mail, or by personal service, and shall be
deemed sufficiently given if sent tothe addressee atthe address stated inthis Agreement or such
other address as may be hereafter specified in writing.
Notices tobe sent to: Notices tobe sent to:
CITY: PUBLIC DEFENDER:
Attn: City ClerkAttn: Laura Yelish
City of Bremerton Yelish, Barker, & Cunningham PLLC
th3456Street, Suite 100 1963 Bethel Rd. SE
Bremerton, WA 98337-1891 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 Defendershall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub-Public
Defenders inthe 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.
P. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subcontractors, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
Q. ADA Statement: The City of Bremerton does not discriminate on the basis of disability
inprograms and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of Bremerton.
Reasonable accommodation for employees or applicants for employment will be provided.
SIGNATURES ON FOLLOWING PAGE
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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 affix their signatures below.
CITY OF BREMERTON YELISH, BARKER & CUNNINGHAM, PLLC
GREG WHEELER, MAYOR By: ____________________
Its:
Date: Date:
APPROVED AS TO FORM:
Kylie J. Finnell, City Attorney
ATTEST:
Angela Hoover, City Clerk
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Laura Yelish
12/22/2025
Managing Partner
12/22/2025
EXHIBIT A: WASHINGTON STATE SUPREME COURT INDIGENT DEFENSE
STANDARDS
CrR 3.1
CURRENT STANDARDS FOR INDIGENT
DEFENSE AS ADOPTED BY THE
WASHINGTON STATE SUPREME COURT
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CERTIFICATION OF COMPLIANCE
For criminal and juvenile offender cases, and civil commitment proceedings under chapter
71.05RCW, a signed Certification of Compliance with Applicable Standards must be filed by
an appointed attorney by separate written certification on aquarterly basis in each court in
which the attorney has been appointed ascounsel.
The certification must be in substantially the following form:
SEPARATE CERTIFICATION FORM
Court ofWashington No.:
for Administrative Filing
Stateof Washington ,
Plaintiff CERTIFICATION OFAPPOINTEDvs. COUNSEL OFCOMPLIANCE WITH
STANDARDS REQUIRED BY
CrR 3.1/CrRLJ 3.1/JuCR 9.2/ Defendant
The undersigned attorney hereby certifies:
1. Iamfamiliarwiththe Standardsfor IndigentDefenseadoptedby theSupremeCourt whichapply to
attorneysappointedtorepresentindigentclients.
2. IfilecertificationformsineachcourtinwhichIprovideindigentdefenserepresentation.
3. Approximately _____ % of mytotalpractice timeisdevoted toindigentdefensecases. Approximately
ofmy totalpracticetime isdevotedtoindigentdefensecasesinthiscourt.
4. Iamappointed inothercourtstoprovide indigentdefenserepresentation. Mypracticetime ineachis
approximatelyasfollows: ___ NotApplicable
Court: __________________ % oftotalpractice: ______
Court: __________________ % oftotalpractice: ______
Court: __________________ % oftotalpractice: ______
5. Caseload: Ilimitthenumberofcasesandmixof casetypestothecaseloadlimitsrequiredbyStandards
3.2, 3.3, and3.4. Mycaseload isproratedtothepercentageofmypracticedevotedtoindigentdefense.
6. Qualifications: ImeettheminimumbasicprofessionalqualificationsinStandard14.1. Iamfamiliarwith
thespecific casequalificationsin Standard14.2andaccept appointmentas leadcounselonlywhen Imeet
thequalificationsfor thatcase.
7. Office: Ihaveaccesstoanofficethataccommodatesconfidentialmeetings, apostaladdress, andadequate
telephoneandcommunicationservicesas requiredbyStandard5.2.
8. Investigators: Ihave investigatorsavailabletome anduseinvestigativeservicesasappropriate, asrequired
byStandard6.1.
Signature, WSBA# Date
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Sfrvftujoh!beejujpobm!sfjncvstfnfou!gps!cbs!evft!boe!nbmqsbdujdf!jotvsbodf
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