004-25 - LaCross & Murphy PLLC - ContractDocusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01DE4179F36F
Contract No. 004 -25
CITY OF PORT ORCHARD
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE
THIS AGREEMENT is made effective as of the 1ST of January 2025, by and between the
City of Port Orchard, a municipal corporation, organized under the Iaws of the State of
Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu
Phone:360.876.4407 Fax: 360.895.9029
and LaCross & Murphy, PLLC, a limited liability corporation, organized under the laws
of the State of Washington, doing business at:
LaCross & Murphy, PLLC ("PUBLIC DEFENDER")
559 Bay Street
Port Orchard, WA 98366
Contact: Jacob Murphy
Phone:360-895-1555 Fax: 360-895-1554
for the provision of legal services to serve as designated Public Defender for the City of
Port Orchard, serving the Port Orchard Municipal Court. This contract replaces and supersedes
the previous contract with Public Defender dated January 1, 2021.
Section 1. Purpose.
The purpose of this Agreement is to ensure that the City receives professional services
from the Attomeyin an effective, timely and cost-efficient manner while ensuringthattheAttorney
is appropriately and fairly compensated for services rendered.
Section 2. Scope of Service.
A. Public Defender shall perform the services described in the Scope of Work
attached to this Agreement as Exhibit "A," in full compliance with Port Orchard Municipal Code
Chapter 9.09, Public Defense Services, the Washington State Supreme Court Standards for
Indigent Defense (CrLJ 3.1 Standards), and the Washington State Bar Association Standards for
Indigent Services, requirements of which are incorporated into this Agreement by reference as if
fully set forth herein. The services performed by the public defender shall not exceed the Scope
of Work without prior written authorization from the City.
LaCross and Murphy, PLLC
Page 1 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
B. The City may from time to time require changes or modifications in the Scope of
Work. Such changes, including any decrease or increase in the amount of compensation, shall be
agreed to by the parties and incorporated in written amendments to the Agreement.
C. As set forth in Exhibit A, the Public Defender shall provide the City with reports
and documents related to this Agreement.
D. Within thirty (30) days of receiving notice of award of this Agreement -and on an
annual basis thereafter, Public Defender shall submit the Public Defender Certification Form,
which is attached hereto as Exhibit B, to the City Clerk attesting that the Public Defender and
any other attorneys who perform services for the City comply with all of the standards identified
in Section 1(A) above, and requirements of this Agreement.
Section 3. Schedule of Work/Term.
A. The term of this Agreement shall be for two (2) years, PROVIDED, HOWEVER,
that absent an agreement being entered by the City with another lawyer or law firm, the Public
Defender shall remain as attorney of record on all cases to which the Public Defender has been
appointed until the court's jurisdiction is terminated by the Court, unless withdrawal is permitted
by the Court, as may be required by the Rules of Professional Conduct. Such representation
shall continue beyond the term of this Agreement and all provisions of this Agreement shall
continue to apply to services performed.
B. The Agreement will be automatically renewed for two-year periods without action
being taken by either party, unless terminated or suspended as provided in Section 6 herein.
Section 4. Compensation.
Compensation for these services shall be as set forth in Exhibit C, attached hereto and
incorporated herein by this reference. Although payment is made at a flat monthly rate, it is
understood by all parties that compensation shall be for all services rendered and all
appointments made by the court in each calendar month. Upon acceptance of payment, the
Public Defender will be deemed fully compensated for representation on cases appointed during
the calendar month and shall be obligated to complete his/her duties to each client under the
Scope of Work (Exhibit A), so long as the Public Defender is attorney of record, without
additional compensation.
The City acknowledges that the Washington State Bar Association adopted revised Standards
for Indigent Defense Standards, providing guidance on caseload limits for public defense services,
proposing interim reductions effective July 2, 2025, July 2, 2026, and July 2, 2027, and that the
Washington State Supreme Court is currently considering caseload limits that would mirror those
recommended by the WSBA. The rates set forth in Exhibit C shaIl be valid for 2025, provided this
contract may be renegotiated at the option of either party if the Washington State Supreme Court
significantly modifies the Standards for Indigent Defense adopted pursuant to the Court rule.
Section 5. Independent Contractor Status.
LaCross and Murphy, PLLC
Page 2 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01DE4179F36F
It is expressly understood and agreed that Public Defender, while engaged in carrying out
and complying with any of the terms and conditions of this Agreement, is an independent
contractor and is not an employee of the City. No agent, employee or representative of the
Public Defender shall be or shall be deemed to be the employee, agent or representative of the
City. The parties agree that the Public Defender has the ability to control and direct the performance
and details of his work, the City being interested only in the results obtained. None of the benefits
provided by the City to its employees including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents or representatives
of the Public Defender. The Public Defender will be solely and entirely responsible for its
acts and for the acts of its agents, employees and representatives during the performance of this
Agreement.
Section 6. Billings._
A. Public Defender shall maintain time and expense records and provide them to the
City monthly after services have been performed, along with monthly invoices in a format
acceptable to the City for work perfonned to the date of the invoice.
B. All invoices shall be paid within sixty (60) days of receipt of a proper invoice. If
the City objects to all or any portion of any invoice, it shall so notify the Public Defender of the
same within' fifteen (15) days from the date of receipt and shall pay that portion of the invoice
not in dispute, and the parties shall immediately make every effort to settle the disputed portion.
C. Public Defender shall keep cost records and accounting pertaining to this
Agreement available for inspection by City representatives for three (3) years after final payment
unless a longer period is required by a third -party agreement. Copies shall be made available on
request.
D. On the effective date of this Agreement (or shortly thereafter), the Public
Defender shall comply with all federal and state laws applicable to independent contractors,
including, but not limited to, the maintenance of a separate set of books and records that reflect
all items of income and expenses of the Public Defender's business, pursuant to Revised Code of
Washington (RCW) 51.08.195, as required by law, to show that the services performed by the
Public Defender under this Agreement shall not give rise to an employer -employee relationship
between the parties, which is subject to Title 51 RCW, Industrial Insurance.
Section 7. Discrimination and Compliance with Laws
A. Public Defender agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed,
color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal,
state, or local Iaw or ordinance, except for a bona fide occupational qualification.
B. The Public Defender agrees to comply with all federal, state and municipal laws,
rules and regulations that are now effective or become applicable within the terms of this Agreement
to the Public Defender's business, equipment and personnel engaged in activities covered by
LaCross and Murphy, PLLC
Page 3 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01DE4179F36F
this Agreement or accruing out of the performance of such activities.
C. Public Defender shall obtain a City of Port Orchard business license prior to
commencing services under this Agreement, or within thirty (30) days of notice of award of the
Agreement to the Public Defender, whichever occurs first.
D. Under no circumstances will Public Defender transport by vehicle, or any other
mode of transportation, any persons he/she represents as Public Defender, under the terms of this
Agreement. Should the Public Defender transport any person in violation of this provision,
Public Defender assumes all risk and liability and shall defend, indemnify and hold the City, its
officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including attorneys' fees and costs, arising out of or resulting from the transport of
such persons. This section shall survive expiration of this Agreement.
E. Violation of this Section 7 shall be a material breach of this Agreement and
grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in
part, and may result in ineligibility for further work for City.
Section 8. Susnension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by either party
with or without cause by providing one -hundred twenty (120) days' written notice to the other
party at the addresses set forth in Section 15.
B. Termination with cause. The Agreement may be terminated for "good cause."
Good cause shall include the failure of the Public Defender to render adequate representation to
clients, the willful disregard of the rights and best interests of the client, and the willful disregard
of the applicable standards described herein. Termination may also occur for violation of the
express terms of this Agreement, provided that the Public Defender shall be provided reasonable
opportunity, following notice, to cure any technical violations of this Agreement that do not
impair the provision of quality representation to the indigent client.
C. Rights Upon Termination.
1. Without or Without Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material of Public Defender prepared pursuant to this
Agreement shall be submitted to City, and Public Defender shall be entitled to just and equitable
compensation for any satisfactory work completed prior to the date of termination, not to exceed
the total compensation set forth herein. Public Defender shall not be entitled to any reallocation
of cost, profit or overhead. Public Defender shall not in any event be entitled to anticipated
profit on work not performed because of such termination. Public Defender shall use its best
efforts to minimize the compensation payable under this Agreement in the event of such
termination.
2. Default. If the Agreement is terminated for default, the Public Defender shall not
be entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
LaCross and Murphy, PLLC
Page 4 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
deducted from any money due or coming due to the Public Defender. The Public Defender
shall bear any extra expenses incurred by the City in completing the work, including all
increased costs for completing the work, and all damage sustained, orwhich may be sustained
by the City by reason of such default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Such
notice shall indicate the anticipated period of suspension. Any reimbursement for expenses
incurred due to the suspension shall be limited to the Public Defender's reasonable expenses and
shall be subject to verification. The Public Defender shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Public Defender in
person, termination shall be effective immediately upon the Public Defender's receipt of the
City's written notice or such date as stated in the City's notice of termination, whichever is later.
Notice of suspension shall be given to the Public Defender in writing upon one week's advance
notice to the Public Defender. Such notice shall indicate the anticipated period of suspension.
Notice may also be delivered to the Public Defender at the address set forth in Section 15 herein.
F. If, within sixty (60) days of commencing the services contemplated in this
Agreement, the City is not satisfied with the work performance of the person assigned by the
Public Defender to perform services, the City may terminate this Agreement by providing thirty
(30) days' written notice to the Public Defender.
Section 9. Standard of Care.
Public Defender represents and warrants that it has the requisite training, skill and
experience necessary to provide the services under this agreement and is appropriately accredited
and licensed by all applicable agencies and governmental entities. Services provided by Public
Defender under this agreement will be performed in a mamler consistent with that degree of care
and, skill ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
Section 10. Ownership of Work Product.
All data, materials, reports, memoranda and other documents developed under this
Agreement, whether finished or not, shall become the property of the City and shall be
forwarded to the City at its request and may be used by the City as it sees fit. Upon termination
of.this Agreement pursuant to Section 8 above, all finished or unfinished documents, reports or
other material or work of Public Defender prepared pursuant to this Agreement shall be
submitted to the City. The City agrees that if it uses documents :prepared by Public Defender for
purposes other than those intended in this Agreement, that it does so at its sole risk and it agrees
to hold Public Defender harmless therefore.
Section 11. Performance of Agreement at the Public Defender's Risk.
The Public Defender shall take all necessary precautions and shall be responsible for the
LaCross and Murphy, PLLC
Page 5 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
safety of its employees and agents in the performance of the work hereunder and shall utilize all
protection necessary for that purpose. All work shall be done at the Public Defender's own risk,
and the Public Defender shall be responsible for any loss or damage to computers, equipment, or
other articles used or held by the Public Defender for use in connection with this Agreement.
Section 12. Indemnification.
The Public Defender shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors
or omissions of the Public Defender, its employees or agents in the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PUBLIC DEFENDER'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. THE
PUBLIC DEFENDER'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS
SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY CLAIMS BY THE PUBLIC
DEFENDER'S EMPLOYEES DIRECTLY AGAINST THE PUBLIC DEFENDER,
Section 13. Insurance.
The Public Defender shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Public Defender, its agents, representatives,
or employees.
A. Minimum Scope of Insurance
Public Defender shall obtain insurance of the types described below:
I. Automobile Liability insurance covering all owned, non -owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
LaCross and Murphy, PLLC
Page 6 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 or a substitute form providing equivalent liability coverage
and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be
named by endorsement as an additional insured under the Public Defender's
Commercial General Liability insurance policy with respect to the work
performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
4. Professional Liability
B. Minimum Amounts of Insurance
malpractice insurance (see below).
Public Defender shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. _Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
4. Employer's Liability each accident $1,000,000, Employer's Liability Disease
each employee $1,000,000, and Employer's Liability Disease - Policy Limit
$1,000,000.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability and Commercial General
Liability insurance:
The Public Defender's insurance coverage shall be primary insurance as
respect the City . Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Public Defender's insurance and
shall not contribute with it.
2. The Public Defender's insurance shall be endorsed to state that coverage shall
not be cancelled by either party , except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Public Defender.
The Public Defenders insurance shall be endorsed acknowledging that the
City will not waive their right to subrogation. The Public Defender's
LaCross and Murphy, PLLC
Page 7 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
insurance shall be endorsed to waive the right of subrogation against the City,
or any self-insurance, or insurance pool coverage maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a
three (3) year extended reporting period shall be included with the claims
made policy, and proof of this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A: VII.
E. Verification of Coverage
Public Defender shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Public Defender before
commencement of the work.
Section 14. Assigning or Subcontracting.
Public Defender shall not assign, transfer, subcontract or encumber any rights, duties, or
interests accruing from this Agreement without the express prior written consent of the City,
which consent may be withheld in the sole discretion of the City.
Section 15. Notice.
Any notices required to be given by the City to Public Defender or by Public Defender to
the City shall be in writing and delivered to the parties at the following addresses:
Brandy Wallace, City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4407
Fax: 360-895-9029
LaCross & Murphy, PLLC. Attn:
Jacob Murphy
559 Bay Street
Port Orchard, WA 98366
Phone: 360-895-1555
LaCross and Murphy, PLLC
Page 8 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
Section 16. Resolution of Disputes and Governing Law.
A. If any dispute arises between the City and the Public Defender under any of the
provisions of this Agreement, jurisdiction of any resulting litigation shall be filed in Kitsap
County Superior Court, Kitsap County, Washington.
B. This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington. In any suit or action instituted to enforce any right granted in this
Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements,
and reasonable attorney's fees from the other party.
Section 17. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict
performance of any of the covenants and agreements contained herein, or to exercise any option
herein contained in one or more instances, shall not be construed to, be a waiver or
relinquishment of said covenants, agreements, or options, and the same shall be in full force and
effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and the Public Defender.
C. Severability. The provisions of this Agreement are declared to be severable. If
any provision of this Agreement is for any reason held by a court of competent jurisdiction to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement
documents. The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may
not have been dated prior to the execution of this Agreement. All of the above documents are
hereby made a part of this Agreement and form the Agreement document as fully as if the same
were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with
any language contained in this Agreement, then this Agreement shall prevail.
E. Conflict of Interest. Public Defender warrants and covenants that Public
Defender presently has no interest in, nor shall any interest be hereinafter acquired in, any matter
which will render the services required under the provisions of this Agreement a violation of any
applicable state, local or federal law or any rule of professional conduct. In the event that any
LaCross and Murphy, PLLC
Page 9 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
conflict of interest should nevertheless hereinafter arise, Public Defender shall promptly notify
the City of the existence of such conflict of interest.
F. Time is of the Essence. Public Defender agrees to diligently prosecute the
services to be provided under this Agreement to completion and in accordance with
any schedules specified herein. In the performance of this Agreement, time is of the essence.
G. Confidentiality. Public Defender agrees to maintain in confidence and not
disclose to any person, association, or business, without prior written consent of the City, any
secret, confidential information, knowledge or data relating to the products, process or operation
of the City and/or any of its departments and divisions. Public Defender further agrees to maintain
in confidence and not disclose to any person, association, or business any data, information or
material developed or obtained by Public Defender during the term of this Agreement. The
covenants contained in this paragraph shall survive the termination of this Agreement for
whatever cause.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
set forth above.
CITY OF PORT ORCHARD,
W "'TO
By'eb PyANV SWA,
247"...
Robert Putaansuu, Mayor
Date: December 11, 2024
ATTEST/AUTHENTICATED:
By:
,_j
Brandy Wallace, MMC, City Clerk
APP i{„ AS TO FORM:
By:
Charlotte A. Archer, City Attorney
LACROSS & MURPHY, PLLC
By:
Jac urphy, Managing Merr�ber
Date: 1) cc c „.V �Z-0 z 4
LaCross and Murphy, PLLC
Page 10 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01DE4179F36F
EXHIBIT -A
SCOPE OF WORK AND NIINLMUM QUALIFICATIONS
1. Each attorney who is proposed to perform services pursuant to this RFP must be a
member in good standing with the Washington State Bar Association. No Rule 9
attorneys will be allowed to perform any services under this agreement.
2. The Public Defender appointed pursuant to this RFP must have a minimum of 3 years of
criminal law experience. The Public Defender may retain the assistance of other qualified
attorneys in his or her firm. At all times, the designated Public Defender will properly
supervise attorneys having less than 3 years of experience to ensure that defendants
charged in the Port Orchard Municipal Court receive competent legal representation.
3. The Public Defender and any attorneys working under the supervision of the Public
Defender shall comply with qualifications and training requirements in Section 9.09.070 of
the City Municipal Code, including but not limited to, completion of at least seven (7) hours
of training approved by the Washington State Office of Public Defense each calendar
year.
The firm awarded the contract shall be designated Public Defender for the City's Municipal
Court, and shall be duly appointed to represent all defendants who are appointed legal counsel by the
Port Orchard Municipal Court.
The Public DefendershalI maintain a list of outside attorneys who meet the Washington State Supreme
Court's Standards for Indigent Defense to be assigned as conflict counsel if a conflict of interest
precludes the Public Defender from representing a defendant.
If a conflict of interests exists precluding the Public Defender from presenting a defendant, the Public
Defender shall select a qualified attorney, on a rotating basis, from the list the Public Defender
maintains for such purpose, and the court shall appoint the selected attorney.
Conflict counsel appointed in this manner are authorized to appear on behalf of the Public Defender
absent prior written consent of the City.
Representation as the City's Public Defender shall include but not be limited to:
1. Attending all scheduled court appearances. In the event of vacation or illness Public
Defender is responsible for arranging coverage by another qualified attorney.
2. Acting as stand-by counsel available in court or by videoconference hearing to all
defendants at arraignments and in -custody bail hearings;
3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and post -
disposition proceedings; and
LaCross and Murphy, PLLC
Page 11 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01DE4179F36F
4. Representation of criminal defendants on appeals to Superior Court when appropriate.
S. The Public Defender shall consult with defendants prior to pretrial hearings.
Appointment as the City's Public Defenderwill requiremeetings with defendants atthe Public
Defender's office or at the Kitsap County Jail. Failure to consult with defendants
prior to pretrial shall only be excused for good cause. Examples of "good cause" include:
scheduled vacation, illness, extended trials, or when the defendant fails to cooperate with
the Public Defender in scheduling a time to consult.
6. Pursuant to CrRLJ 3.1 (c)(1)-(2), Public Defender services shall also include providing
legal representation to persons wishing to consult with an attorney while in the custody of the
Port Orchard Police Department. The City's Public Defender shall ensure that an attorney
is available at all times (24 hours a day) to provide legal representation, including evenings,
holidays, and weekends. The City's Public Defender shall provide the Port Orchard Police
Department with a monthly schedule of attorneys available to receive calls during non -
business hours. This schedule shall include the name of the attorney and a designated
telephone or cellular phone number. Only attorneys who meet the experience
requirements set forth above, and are either a member of the Public Defender's firm or
have received prior written approval by the City may be included in the above -described
schedule.
7. When a defendant exercises his or her right to trial, the City's Public Defender shall diligently
prepare for trial and ensure that the defendant receives adequate representation.
Preparation for trial shall include but not be limited to: interviewing witnesses identified
by the City Prosecutor, interviewing witnesses identified by the defendant, review of police
reports and evidence, research legal issues, preparing a witness list on behalf of the
defendant, and consultation with the defendant.
S, Absent an agreement being entered by the City with another lawyer or law firm, the Public
Defender shall remain as the attorney of record on all cases to which the Public Defender has
been appointed until the court's jurisdiction is terminated by the Court, unless withdrawal
is permitted by the Court as may be required by the Rules of Professional Conduct.
9. If a defendant represented by the City's Public Defender elects to appeal a conviction to
Superior Court, the Public Defender is responsible for timely filing a Notice of Appeal
to Superior Court.
10. Services do not extend to forfeiture hearings or hearings with the Department of
Licensing.
11. The City and/or Port Orchard Municipal Court will provide a space for the Public
Defender's assigned attorney to consult with clients
12. The Public Defender will cooperate with the City in any efforts to seek grant funding; and will
agree that the scope of services may be renegotiated if necessary to fulfill conditions of grant
LaCross and Murphy, PLLC
Page 12 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01DE4179F36F
funding.
Caseload Limits
The Public Defender shall comply with caseload and private practice limits specified in Section
9.09.040 of the City Municipal Code. The Public Defender shall not exceed four hundred (400) cases
in any calendar period. A case is defined as the filing of a document with the Court naming a person
as a defendant or respondent, to which an attorney is appointed in order to provide representation.
The Public Defender shall not perform services under any other similar contract which, taken in
conjunction with the services to be performed under the contract, would exceed the case count in any
calendar year. If the Public Defender is carrying a caseload consisting of cases performed under
contract with the City, as well as other criminal cases from other jurisdictions, including a mixed
caseload of felonies and misdemeanors, these standards shall be adjusted proportionally to determine
a full caseload. If the contract or assigned counsel also maintains a private law practice, the
caseload shall be based upon the percentage of time that the lawyer devotes to public defense with the
City.
The Public Defender shall provide monthly reports to the Court Administrator. The report shall
identify the number and type of cases assigned, attorney hours, case disposition, the case count
year-to-date, and cases which the Public Defender has been assigned a higher case count. The
Public Defender case tracking and reporting system shall be maintained independently from client files
so as to disclose no privileged information.
LaCross and Murphy, PLLC
Page 13 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
EXHIBIT B
PUBLIC DEFENDER CERTIFICATION FORM'
MUNICIPAL COURT FOR CITY OF PORT ORCHARD,
STATE OF WASHINGTON Administrative Filing
CERTIFICATION BY:
[NAME], [WSBA#]
FOR THE:
[Is', 2nd, 3rd & 4thl CALENDAR QUARTER OF [YEAR]
The undersigned attorney hereby certifies:
CERTIFICATION OF APPOINTED
COUNSEL OF COMPLIANCE 1vITH
STANDARDS REQUIRED BY CRRLJ
3.1
1. Approximately % of my total practice time is devoted to indigent defense cases.
2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys
appointed to represent indigent persons and that :
a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard
14.1.
b. Office: I have access to an office that accommodates confidential meetings with clients,
and I have a postal address and adequate telephone services to ensure prompt response to
client contact, in compliance with Standard 5.2.
c. Investigators: I have investigators available to me and will use investigative services as
appropriate, in compliance with Standard 6.1.
d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my
cases.
e. Case Specific Qualifications: I am familiar with the specific case qualifications in
Standard 14.2, Sections B-K and will not accept appointment in a case as lead counsel
unless I meet the qualifications for that case.
Signature, WSBA#
Date
t Washington State Supreme Court Standards for Indigent Defense (CrRLJ 3.1 Standards) Separate Certification
Form
LaCross and Murphy, PLLC
Page 14 of 15
Docusign Envelope ID: 44E958C4-53FD-4B5C-9E96-01 DE4179F36F
EXHIBIT C- COMPENSATION
1. Compensation shall be paid to Public Defender at a flat rate of $13,858 per month for
all services performed by Public Defender in 2025 ($166,296 annually) and $14,551 for
2026 ($174,612).
2. The City will reimburse the Public Defender for the following costs when prior written
approval has been given by the Port Orchard Municipal Court Judge for the
expenditure of public funds: costs for hiring an investigator, filing fees for Appeals,
and costs for verbatim transcripts. All administrative costs, including but not limited
to: copies, travel time, mileage, facsimiles, legal research, equipment, etc. shall be
born by the Public Defender. Any costs not otherwise detailed in this agreement shall
be considered administrative costs unless the parties otherwise agree in writing.
3. The Public Defender shall be paid a flat $1,000 for RALJ appeals filed in Superior
Court.
4. In the event that the Port Orchard Municipal Court adds additional calendars (i.e.
pretrial hearings, in -custody arraignments, probation violations, video arraignments,
compliance hearings, status hearings) such that it results in an overall 25% increase
above the current average of 20 hours per week that the Public Defender spends in
court for aforementioned calendars then either party can, in good faith, request that
this contract be renegotiated.
5. Annual compensation shall automatically be adjusted based upon the Consumer Price
Index -All Urban Consumers Seattle -Tacoma -Bremerton Area as published by the
United States Department of Labor's Bureau of Labor Statistics (or the successor to
such index or if no successor then in any generally accepted index showing the
inflation rate, if any , for the United States as a whole)(1982-84 equals 100) for the last
month that statistics are published prior to the effective date of the contract. However,
the annual adjustment shall not exceed 5% or be less than 2% unless otherwise
specifically negotiated between the parties.
LaCross and Murphy, PLLC
Page 15 of 15