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FIN 2018-11-06 Item 2A - Agreements - Prosecution, Public Defense and City Attorney Services / Sound Cities Association and Alliance One Lease Agreements
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FIN 2018-11-06 Item 2A - Agreements - Prosecution, Public Defense and City Attorney Services / Sound Cities Association and Alliance One Lease Agreements
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1/14/2021 12:12:54 PM
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Council Committees
Committees Date (mm/dd/yy)
11/06/18
Committee Name
Finance 2017-2020
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Agenda Packet
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EXHIBIT A - SCOPE OF SERVICES <br />Contractor agrees to provide a level of service equal to or greater than the level of service provided by an <br />in-house public defense office. <br />In particular, Contractor agrees to: <br />A. Provide legal representation services in accordance with the standards adopted by the City in TMC <br />2.70, the standards set forth by the Washington State Bar Association Standards for Indigent <br />Defense Services, the Rules of Professional Conduct, Wilbur v. Mt. Vernon, other related case law and <br />applicable court rules defining the duties of counsel and the rights of defendants in criminal cases <br />for all indigent criminal defendants charged with a misdemeanor or gross misdemeanor under <br />ordinances of the City who qualify for appointment of counsel. The Contractor agrees to attempt to <br />contact the client within 72 hours of notification of appointment. The Contractor shall provide legal <br />representation for each of these defendants from time of screening for eligibility through trial, <br />sentencing and appeals to the superior court, if necessary. <br />B. Pursuant to TMC 2.70.50 Standard 8, the Contractor shall maintain a case reporting and case <br />management system that includes number & type of cases, attorney hours and disposition. <br />C. Determination of indigency for eligibility for appointed counsel under this Agreement shall be <br />determined by an independent screening process established by the City. Should the Contractor <br />determine a defendant is not eligible for assigned counsel prior to the establishment of the <br />attorney/client privilege, the Contractor shall so advise the City to reconsider the screening of that <br />particular individual. <br />D. The Contractor shall provide to the City Police Department, a telephone number or numbers at which <br />an attorney may be reached 24-hours each day for "critical stage" advice to the defendants during the <br />course of police investigations and/or arrest for misdemeanor violations of City Ordinances. <br />E. Any counsel associated with or employed by the Contractor shall have the authority to perform the <br />services called for herein and the Contractor may employ associate counsel to assist him/her at the <br />Contractor's expense. The Contractor and any other attorneys retained pursuant to this section shall <br />be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington and <br />shall have read and be fully familiar with the provisions of the Washington Supreme Court rule and <br />the standards adopted by the City pursuant to TMC 2.70, as well as the Wilbur v. Mt. Vernon decision. <br />F. The City shall provide to the Contractor, at no cost, one copy of all discoverable material concerning <br />each assigned case. Such material shall include, where relevant, a copy of the abstract of the <br />defendant's driving record. <br />G. In the event representation of a defendant hereunder raises a conflict of interest such that the <br />Contractor cannot ethically represent the defendant, said defendant shall be referred back to the <br />City for further assignment, without cost to the Contractor. <br />18 <br />Kirshenbaum & Goss 2019 - 2020 <br />Page 6 of 11 <br />
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