AMENDED XXXXXX COUNTY PUBLIC DEFENDER’S OFFICE AGREEMENT FOR CONTRACT DEPUTY PUBLIC DEFENDER
This agreement (hereinafter “Agreement”) is made and entered into this day of
, 2020, between Xxxxxx County, Idaho, a political subdivision of the State of Idaho (“County”), and Xxxxxxxx X. Xxxxx, PLLC, an individual herein after (“Contract Deputy Public Defender”).
WHEREAS, in 2019, the County created an “in-house” Public Defender’s Office to provide representation to indigent persons charged with crimes; and
WHEREAS, in the course of establishing this office, the Board of Xxxxxx County Commissioners created the position of Chief Public Defender for Xxxxxx County and an Administrative Order was signed by Administrative District Judge, Xxxx Xxxxxxx on February 14, 2019 by process provided by Idaho Code § 19-860; and
WHEREAS, the Chief Public Defender is tasked with providing competent criminal defense services to persons appointed by the Court; and
WHEREAS, in order to facilitate quality representation, employees have been hired by the Xxxxxx County Public Defender’s Office including a Deputy Public Defender and support staff; and
WHEREAS, the County, acting through its Chief Public Defender, has determined that satisfaction of those duties assigned to the Xxxxxx County Public Defender’s Office may be facilitated by engaging in a Contract Deputy Public Defender to assist in providing representation of appointed clients and calendar coverage for the Xxxxxx County Public Defender’s Office; and
WHEREAS, the Chief Public Defender is obligated to follow the Idaho Rules of Professional Conduct including conflicts of interest in representation of clients which would
extend to the Contract Deputy Public Defender (including any pre-existing privately retained clients); and
WHEREAS, the County desires to enter into an Independent Services Contract with the Contract Deputy Public Defender for representation of court-appointed cases assigned by the Courts to the Xxxxxx County Public Defender’s Office.
1.1 Obligations of Contract Deputy Public Defender. Contract Deputy Public Defender accepts appointments as court-appointed counsel as needed and assistance in coverage for the attorneys of the Xxxxxx County Public Defender’s Office on and between October 1, 2020, and September 30, 2021.
The Contract Deputy Public Defender will assist in a number of duties assigned by the Chief Public Defender. This would include, but not be limited to:
• criminal cases assigned by the Chief Public Defender,
• assistance in covering calendar appearances in Court for the Chief and Deputy Public Defenders,
• coverage at initial appearance and arraignments on Mondays, and alternating Fridays,
• representing the Xxxxxx County Public Defender’s Office at weekly Drug Court staffing and proceedings on Thursdays,
• representing the Xxxxxx County Public Defender’s Office at proposed future DUI Court staffing and proceedings,
• coverage for the absence of the Chief and Deputy Public Defenders if sick or on vacation,
• assistance in trial preparation and post-conviction work with the Chief Public Defender as co-counsel.
The Contract Deputy Public Defender is expected to fulfill his or her duties, assignments and obligations of representation to satisfaction and completion regardless to how many hours are needed to be worked. The Contract Deputy Public Defender is not expected to be a full-time position requiring 40 or more hours a week of work. The number of hours needed to be worked
will vary upon the needs of the Xxxxxx County Public Defender’s Office and the assignments made by the Chief Public Defender.
A. Criminal Matters. Contract Deputy Public Defender agrees to act as court- appointed counsel when assigned by the Chief Public Defender for all persons charged with crimes in this County who are judged by the District Court or Magistrate Division thereof to be indigent persons qualified to receive counsel at County expense pursuant to Idaho Code §§ 19- 852 and 19-854 or other applicable legal provisions, except in capital murder cases.
The Chief Public Defender will make specific assignment of cases and duties to the Contract Deputy Public Defender. This includes not just assignment of criminal cases, but also in juvenile matters, involuntary commitment proceedings, post-conviction relief, probation violations, trial work, covering calendar appearances in Court, coverage at initial appearance and arraignments.
B. Juvenile Matters. Contract Deputy Public Defender agrees to act as court- appointed counsel when assigned by the Chief Public Defender, for juveniles named in a petition filed in this County pursuant to the Idaho Child Protective Act or the Juvenile Corrections Act and/or for all persons who qualify for court appointed counsel at Xxxxxx County’s expense pursuant to Idaho Code § 20-514 and Idaho Juvenile Rule 37.
C. Involuntary Commitment Proceedings. Contract Deputy Public Defender agrees to act as counsel when assigned by the Chief Public Defender, in civil commitment proceedings wherein the person named in a petition filed in the County for involuntary hospitalization qualified for court appointed counsel to be provided at County expense pursuant to Idaho Code § 66-329(6).
D. Post-Conviction Relief. Contract Deputy Public Defender agrees to act as counsel or co-counsel when assigned by the Chief Public Defender, pursuant to Idaho Code § 19- 4904.
E. Probation Violation. Contract Deputy Public Defender agrees to act as court- appointed counsel when assigned by the Chief Public Defender for all persons charged with a probation violation who are judged by the District Court or the Magistrate Division thereof to be indigent persons appointed to by the Court to receive counsel at County expense.
F. Child Protection Act. Contract Deputy Public Defender agrees to act as court- appointed counsel when assigned by the Chief Public Defender, for parents, child or Guardian Ad Litem in cases designated under the Child Protection Act under Idaho Code Title 16, Chapter 16.
G. Contempt Proceeding for Non-Payment of Child Support. Contract Deputy Public Defender agrees to act as court-appointed counsel when assigned by the Chief Public Defender, for any person determined by the Court to be indigent who is the defendant in a contempt proceeding for non-payment of child support including proceedings pursuant to Idaho Code § 7-610 and Title 7, Chapter 6 proceedings.
1.2 Private Clients. Contract Deputy Public Defender shall be entitled to accept any and all private clients regardless of the subject matter, as Contract Deputy Public Defender so determines, and shall not be restricted to representing only indigent criminal defendants pursuant to this agreement. Provided that any such representation does not create a conflict of interest under the Idaho Rules of Professional Conduct regarding any appointment hereunder and the Contract Deputy Public Defender is able to proficiently carry out the work load and duties assigned by the Chief Public Defender.
The resources of the Xxxxxx County Public Defender’s Office shall be used only for the representation of clients of the Xxxxxx County Public Defender’s Office. These resources include, but not limited to office meeting space, printers, scanners, faxes, telephones, legal research resources, office supplies and support staff.
1.3 Temporary Absence of Contracted Deputy Public Defender. In the event the Contracted Deputy Public Defender is temporarily unavailable for any reason to perform his or her duties hereunder with respect to a particular appointment, for a reason such as, but not limited to, illness, vacation, or other prior legal obligation, the Chief Public Defender and Deputy Public Defender will provide coverage and legal representation of court-appointed indigent criminal defendants.
1.4 Conflicts of Interest. Contract Deputy Public Defender shall be required to inform the Chief Public Defender of any possible conflicts under the Idaho Rules of Professional Conduct, including , but not limited to Rules 1.7 through 1.11. This includes court appointed
clients assigned by the Chief Public Defender and privately retained clients. If the Chief Public Defender decides that a conflict exists, the Contract Deputy Public Defender shall conflict off a court appointed case or a privately retained case.
The fact that the Contract Deputy Public Defender is acquainted with a victim or witness in the case or that a Contract Deputy Public Defender is acquainted with someone who has an unfavorable opinion of the defendant does not constitute a conflict. In the event a true conflict exists, Contract Public Defender shall file a Motion to Withdraw with the Court. Where a conflict is found by the Court to exist or the Court grants a defendant’s request to be assigned a different appointed conflict public defender, the assigned Contract Deputy Public Defender is excused from the case.
1.5 Insurance. The Contract Deputy Public Defender agrees to obtain and carry insurance, as set forth in Attachment “A” to this Agreement, in full force and effect for the duration of the contract term.
2.1 Payment. The County agrees to compensate the Contract Deputy Public Defender for one year per this contract for $65,000.00 divided by 12 monthly payments of $5,416.66.
2.2 Warranty of Fitness to Practice Law. Contract Deputy Public Defender warrants that he or she is duly licensed to practice law in the State courts of the State of Idaho and is a member in good standing of the Idaho State Bar and the Contract Deputy Public Defender will immediately notify the Board of Xxxxxx County Commissioners in writing if a change in that status occurs during the term of this Agreement. The Contract Deputy Public Defender also warrants that he or she is competent and qualified to represent criminal defendants at all levels of proceedings called for in this Agreement. If at any time during the term of this Agreement, the Contract Deputy Public Defender is unable to practice law within the State courts of the State of Idaho, whether on a permanent, temporary or suspended basis, the Board, in its sole and absolute discretion, may terminate this Agreement and have no additional obligations hereunder.
Xxxxxx County reserves the right to terminate this contract with the Contract Deputy Public Defender if either the Magistrate Court or the District Court or the Chief Public Defender
advises the County that the Contract Deputy Public Defender is providing inadequate representation under the contract.
2.3 Additional Services and ExpensFes. The Xxxxxx County Public Defender’s Office will provide support for the Contract Deputy Public Defender including, an office space, laptop computer, internet connection, desk, telephone and access to support staff. The Contract Deputy Public Defender will be expected to take part in coordinating representation with the Public Defender’s Office for Xxxxxx County. These resources are available only for Public Defender work.
3.1 Agreement Not a Fixed Fee Contract. This Agreement is not a “fixed fee contract” for provision of court-appointed Contract Deputy Public Defender services. The parties hereto have endeavored to assure that all indigent persons who apply for and receive legal services covered by this agreement will receive such services without undue limitation on the amount of time or expense required to provide the same. The Contract Deputy Public Defender providing legal services under this agreement is required to devote such time and effort as is reasonably necessary to meet all state and federal requirements for effective assistance of counsel.
3.2 Assignment. (Amended portion) Contract Deputy Public Defender acknowledges that the services to be rendered by it to the Xxxxxx County Public Defender are unique and personal and that Xxxxxxxx X. Xxxxx is to perform the contract services. If, at any time during the term of this Agreement, Contract Deputy Public Defender elects to affiliate with another attorney, hire employees, or sell, transfer or otherwise dispose of its business, or Xxxxxxxx X. Xxxxx shall no longer have a controlling interest in The Law Office of Xxxxxxxx X. Xxxxx, PLLC, Contract Public Defender shall notify Xxxxxx County within ten (10) days after such event, and Xxxxxx County may terminate this Agreement. Contract Deputy Public Defender may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Xxxxxx County, nor may Contract Deputy Public Defender subcontract any portion of the Services.
3.3 Attorney Fees. In the event any party hereto initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, or to declare forfeiture or termination, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal).
3.4 Special Services Provider. The parties agree that the Contract Deputy Public Defender is a special services provider for Xxxxxx County and is not an employee or agent of the Board of Xxxxxx County Commissioners, Xxxxxx County or the Xxxxxx County Public Defender’s Office. As a special services provider, the Contract Deputy Public Defender is not entitled to worker’s compensation, health care insurance, retirement benefits or any other benefit of employment with Xxxxxx County otherwise available to Xxxxxx County employees.
3.5 Merger. This Agreement embodies the sole understanding of the parties. There are no other oral or written agreements outside of this Agreement. No modification, amendment or addition to this Agreement shall be effective unless agreed to by the parties in a written instrument duly executed by Contract Deputy Public Defender and the Board of Xxxxxx County Commissioners.
3.6 Waiver. The failure of any party to insist upon strict performance of any of the obligations contained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach in the performance of any of the terms and provisions contained herein by the same or any other person.
3.7 Third Party Beneficiary Rights. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto unless otherwise expressly provided herein.
3.8 Captions and Headings. The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms and provisions contained herein.
3.9 Construction. No presumptions shall exist in favor of or against any party to this Agreement as a result of the drafting and preparation of this Agreement.
3.10 Venue and Governing Law. In the event an action is brought to enforce or interpret this Agreement, the parties submit to the exclusive jurisdiction of the courts of the State of Idaho, and agree that venue for any such action shall be in Xxxxxx County, Idaho. The
validity, performance and construction of this Agreement shall be governed by the laws of the State of Idaho.
IN WITNESS WHEREOF, the parties have hereunder set their hands as of the day and year first above set forth.
XXXXXX COUNTY BOARD OF COUNTY COMMISSIONERS
Xxxxx Xxxxxxxxx, Chairman
Xx Xxxx Xxxxx, Clerk
Contract Deputy Public Defender
CERTIFICATE OF VERIFICATION
On this day of , 2020, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared , known to me to be the person whose name is subscribed in the foregoing instrument, and acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first written above.
Notary Public for Idaho
(seal) Comm. Expires:
A. Contract Deputy Public Defender, at his or her sole expense, shall procure and maintain in full force and effect insurance written by an insurance company or companies with AM Best rating(s) of A VIII or better. All insurance companies must be authorized to do business in the state of Idaho. By requiring insurance herein, Xxxxxx County does not represent that coverage and limits are necessarily adequate to protect Contract Deputy Public Defender, and such coverage and limits shall not be deemed as a limitation on Contract Deputy Public Defender’s liability under the indemnities granted to Xxxxxx County in this contract.
B. Certificates of Insurance evidencing the coverages required herein shall be provided to Xxxxxx County prior to the start date of the contract. All certificates must be signed by an authorized representative of Contract Deputy Public Defender’s insurance carrier and must state that the issuing company, its agents, or representatives will provide Xxxxxx County thirty (30) days written notice prior to any policies being canceled. Renewal certificates must be provided to Xxxxxx County within thirty (30) days after the effective date of the renewal.
C. Certificates shall be mailed to:
Xxxxxx County Administrator
000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000
Xxxxxx, Xxxxx 00000
D. Certificates must evidence the following minimum coverages:
1. Professional Liability insurance with limits of not less than $1,000,000 per claim and $1,000,000 aggregate. If the insurance required by this section is obtained
through a “Claims Made” policy, this coverage or its replacement shall have a retroactive date of not later than the inception of this Agreement.