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6 the parties believe that the excess capacity may be required for probation hearings relating to prior cases. <br /> The Public Defender additionally agrees and promises that he/she will devote his/her full effort to the <br /> performance of this Agreement and will undertake no private practice of law or other public Agreement that <br /> would impede his/her ability to perform under this Agreement or reduce the case count available to each <br /> Attorney. <br /> 2.1 Case Counts. Based upon case counts maintained by Public Defender and reviewed <br /> by the City, current estimates for annual case counts for all indigent cases filed by the City is approximately <br /> three thousand two hundred (3,200) cases per year. As provided in the Standards, the case counts also <br /> include the Public Defender's appearance at all arraignment calendars, an allocation of supervision time and <br /> a probation allocation. The terms "case" and "credit" shall be defined in accordance with the Washington <br /> State Supreme Court rule and Washington Office of Public Defense guidelines. The City has adopted an <br /> unweighted case count. <br /> 2.2 Adjustment Internal Allocation. As provided in the Standards, case counts may be <br /> revised upwards based upon a variety of factors. Upon the Public Defender's request, the City shall review <br /> any particular case with the Public Defender to determine whether greater weighting should be assigned, and <br /> upward revisions shall not be unreasonably refused. The annual caseload shall be reviewed annually on or <br /> about June 30th each year. <br /> 2.3 Base Compensation. Except as expressly provided in Section 2.4, the cost of all <br /> infrastructure, administrative,support and systems as well as standard overhead services necessary to comply <br /> with the established standards are included in the base payment provided in Section 2.1 above. <br /> 2.4 Payments in Addition to the Base Compensation. The City shall pay for the following <br /> case expenses when reasonably incurred and approved by the Court from funds available for that purpose: <br /> 2.4.1 Discovery. Discovery shall be provided in accordance with law and court rule <br /> by the City Prosecutor. For post-conviction relief cases, discovery includes the cost to obtain a copy of the <br /> defense,prosecuting attorneys making any charge or court files pertaining to the underlying case. <br /> 2.4.2 Preauthorized Non-Routine Expenses. Non-routine case expenses requested <br /> by the Public Defender and preauthorized by order of the Court. Unless the services are performed by Public <br /> Defender's staff or subcontractors,non-routine expenses include, but are not limited to: <br /> (i) investigation expenses; <br /> (ii) medical and psychiatric evaluations; <br /> (iii) expert witness fees and expenses; <br /> (iv) interpreters; <br /> (v) polygraph, forensic and other scientific tests; <br /> (vi) unusually extensive computerized legal research; <br /> (vii) any other non-routine expenses the Court fords necessary <br /> and proper for the investigation, preparation,and <br /> presentation of a case. In the event any expense is found <br /> by the Court to be outside of its authority to approve,the <br /> Public Defender may apply to the Agreement Administrator <br /> for approval, such approval not to be unreasonably <br /> withheld. <br /> 2.4.3 Lay Witness Fees. Lay witness fees and mileage incurred in bringing defense <br /> witnesses to court, but not including salary or expenses of law enforcement officers required to accompany <br /> incarcerated witnesses; <br /> 38 <br />