2014/12/24 Council Agenda Packet

6 2.4.4 Copying Clients' Files. The cost, if it exceeds $25, of providing one copy of a client's or former client's case file upon client's or client's appellate, post-conviction relief or habeas corpus attorney's request, or at the request of counsel appointed to represent the client when the client has been granted a new trial; 2.4.5 Copying Direct Appeal Transcripts Supreme Court Rules for the Administration of Courts of Limited Jurisdiction RALJ Appeals. The cost, if it exceeds $25, of making copies of direct appeal transcripts for representation in post-conviction relief cases. Public Defender is limited to no more than two copies; 2.4.6 Records. To the extent such materials are not provided through discovery, medical, school, birth, DMV, and other similar records, and 911 and emergency communication recordings and logs,when the cost of an individual item does not exceed$75; and 2.4.7 Process Service. The normal,reasonable cost for the service of a subpoena. 2.5 Review and Renegotiation. 2.5.1 Due to Increases or Decreases in Case Load. The parties agree that the compensation stated in Section 2, unless adjusted under this Section 2.5, represents complete compensation to the Public Defender for 3,200 cases per year. The City and the Public Defender shall, at the option of either party, renegotiate this Agreement if there is (or is reasonably anticipated to be) either (i) a significant increase in the cases assigned, such that the Public Defender would be required to hire additional attorney staff to remain in compliance with the Decision, Supreme Court Standards and the standards for the provision of indigent defense services adopted by the City, or (ii) a significant decrease in the number of cases assigned, such that the Public Defender could reduce attorney staff and remain in compliance with the Decision, Supreme Court Standards and the standards for the provision of indigent defense services adopted by the City. At the request of either party, the City and Public Defender will periodically review case assignment trends, requests for additional credits and any other matters needed to determine Agreement compliance or necessary Agreement modifications. Public Defender shall promptly notify the City when quarterly case loads can reasonably be anticipated to require use of overflow or conflict counsel to assure that cases assigned to Public Defender remain within the limits adopted in this Agreement and comply with state and local standards. 2.5.2 Renegotiation Due to Change in Rule or Standard. This Agreement may be renegotiated at the option of either party if the Washington State Supreme Court, the Washington State Bar or the City significantly modifies the Standards for Indigent Defense adopted pursuant to the Court rule or City Ordinance/Resolution. 3. Term. The term of this Agreement shall be from January 1, 2015 for a two (2) year initial term through December 31, 2016, unless sooner tenninated as provided herein. The Agreement may be extended for one (1) additional two (2) year term at the option of the City upon six(6) months written notice prior to December 31, 2016. The parties agree to negotiate in good faith to provide for an appropriate transition to a new Public Defender at the end of any tenn if the City is delayed in reaching agreement with a successor and the Public Defender is requested to continue past the termination date. 3.1 For Cause. This Agreement may be terminated for good cause for violation of any material term of this Agreement. "Material term" shall include any violation indicating a failure to provide representation in accordance with the rules of court, the ethical obligations established by the Washington State Bar Association, the willful disregard of the rights and best interests of the client, a willful violation of the Standards or the Decision, the provisions of Section 6 relating to insurance, conviction of a criminal 39