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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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. ______ Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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, Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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.” Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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) Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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.” Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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.\] Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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.\] Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. 1 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 2 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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). 3 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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; 4 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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; 5 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 6 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 7 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. 8 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 9 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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; 10 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 11 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 12 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. 13 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 14 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 15 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. 16 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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. 17 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 18 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 19 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 20 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B 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 21 City of Bremerton 2026 Public Defense Services Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B Sfrvftujoh!beejujpobm!sfjncvstfnfou!gps!cbs!evft!boe!nbmqsbdujdf!jotvsbodf Docusign Envelope ID: 736F85E5-B5F7-4590-A850-5B3F3F2C1B4B