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, . PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Indigent Defendants Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective November 1,2007, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City", and Carlos Villarreal, attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney." THIS AGREEMENT is a Professional Service Agreement for the rendering of legal representation of indigent persons charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: SECTION I PROFESSIONAL SERVICES A. The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for whose representation he/she is appointed. Such representation shall include preparation of appropriate pleadings and appearances in all phases of court proceedings following appointment, including pretrial hearings, motions, trial, sentencing, probation violations, and any other additional trials or hearings required by a remand or other order of a higher court. The Attorney shall communicate with individuals confined to jail in person or by telephone, prior to the individual's pretrial conference. The Attorney shall have no responsibility to represent individuals initially charged in the Pasco Municipal Court with felonies regardless of whether the felony charge is later reduced to a misdemeanor or gross misdemeanor. B. In the event a case to which the Attorney is appointed is appealed to Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice of Appeal in Superior Court which shall include a statement of the errors claimed to have been made and location of such errors in the record. The Attorney shall be responsible for prosecuting the appeal in Superior Court. If and when the case is remanded to Pasco Municipal Court, Attorney shall continue to provide defense services. C. The Attorney agrees not to accept appointments for indigent defense services in Franklin County Superior Court during the term of this Agreement. Professional Service Agreement - 1 ---PAGE BREAK--- D. The Attorney is expected to have knowledge of the court's schedule, including hours of operation and days of the week when hearings and trials are ordinarily set and heard. In its discretion, the court may alter the court's schedule to meet changing demands. The Attorney agrees to not accept other employment of any character that will unreasonably cause delay in the hearing of the cases assigned to Attorney or to cause the court scheduling difficulties as to Attorney's assigned cases. E. The professional services provided under this Agreement shall be in compliance with the City of Pasco's Indigent Defense Legal Representative Plan, Goals and Standards, a copy of which is incorporated as a part ofthis Agreement as Exhibit A. SECTION II COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided as follows: For the timeframe of November 1st, through December 31st, 2007: $ 130.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court; and $410.00 for each case appealed to Superior Court. For the 2008 calendar year: $ 130.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. For the 2009 calendar year: $ 140.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. Payments shall be made with the first payment to be made not later than the 28th day of December 2007, constituting compensation for the immediately preceding month; subsequent payments being made not later than the 30th day of each succeeding month and the final payments being made not later than the 30th day of January 2010. Professional Service Agreement - 2 ---PAGE BREAK--- B. The City agrees to compensate Attorney a minimum amount of Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received based on assignments per Section A above are below said minimum. C. It is expressly agreed that the compensation fixed in Sections A and B above shall constitute full compensation for services required under this Agreement. D. Definitions: "Case assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more underlying charges, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trial or hearings, or the failure to abide the terms of probation. "Deferred or Probation Case Assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more probation or deferred cases, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trail or hearings, or the failure to abide the terms of probation. SECTION III EXPENSES The Attorney shall bear all expenses incurred III the representation of each individual to whom appointed except: A. Expenses incurred in obtaining expert testimony, scientific tests or other analysis when authorized by court order. B. Expenses of a private investigator used to aid in the preparation of the defense of a matter when authorized by court order. C. Expenses for the services of an interpreter determined appropriate by the court. SECTION IV TERM Professional Service Agreement - 3 ---PAGE BREAK--- · . The terms of this Agreement shall be for the period commencing November 1, 2007, and concluding on December 31, 2009. Notwithstanding the foregoing, the Attorney's obligation to represent an individual in a matter to which the Attorney has been appointed shall continue through the disposition ofthe matter as set forth below. If this Agreement is not then in default, the Attorney shall have the option to renew this Agreement for one additional term of one year. The terms and conditions of the renewal term shall be identical to the terms and conditions of the last year of the original term (with appropriate modifications of installment payment dates) except that upon termination of the final term, the Attorney shall no longer have any option to renew this Agreement. The renewal option must be exercised by written notice to the City, given not less than 120 days prior to the last date of the expiring term. The giving of such notice shall make the agreement binding for the renewal term without further act of the parties. It is understood by the parties hereto that the Attorney's obligation to provide representation pursuant to this Agreement includes the obligation to complete all cases or matters covered by this Agreement. The Attorney shall continue to provide representation for a period of six months, for those persons whom the Attorney was appointed to represent and whose case was not concluded during the duration of this Agreement. It is further understood by the parties that the Attorney's obligation to complete all cases or matters covered by this Agreement shall not result in any additional compensation over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shall the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, Attorney may, by mutual agreement with another attorney holding a current Professional Service Agreement for legal representation of indigent individuals with the City of Pasco, make substitute appearances for one another on as-needed basis; or with the approval of the City, a designated qualified member of the Attorney's Law Firm may perform the Attorney's contract and responsibilities on a temporary basis, or assign or subcontract such services with another qualified attorney. SECTION VI TERMINATION This Agreement may be terminated by either party without cause upon forty-five Professional Service Agreement - 4 ---PAGE BREAK--- (45) days advance written notice to the other. This Agreement may be terminated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days advance written notice. In the event of Attorney's disbarment or suspension from the practice of law, this Agreement shall terminate as of the effective date of such disbarment or suspension. In the event of a termination without cause, the Attorney shall continue to accept and represent to conclusion court assigned cases during the forty (45) day period and will be compensated for such court assigned cases pursuant to Section II above. SECTION VII INSURANCE AND INDEMNIFICATION During the term of this Agreement, the Attorney shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Attorney in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Thousand Dollars ($200,000.00) or more. At the time of commencement of the performance of services hereunder, the Attorney shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City. DATED this lJ day of October, 2007. Mayor APP~ TO FORM: Leland B. Kerr City Clerk City Attorney ATTORNEY Carlos, Villarreal, Attorney at Law Professional Service Agreement - 5 ---PAGE BREAK--- EXHIBIT A CITY OF PASCO INDIGENT DEFENSE LEGAL REPRESENTATIVE PLA:"I GOALS AND STANDARDS I. PLAN GOAL The goal of this Indigent Defense Legal Representation Plan is to provide legal defense services to the indigent citizens of the City of Pasco, and to provide for their defense in a professional, skilled manner consistent with the mimmum standards as set forth by the Washington Law and approved by the State Bar Association_ This goal will be achieved by the adoption of standards, specifically tailored to address those needs \.vithin the Pasco Municipal Cqurt for public defense services, by qualifying Washington State attorneys contracted to serve as the accused counsel and advocate in proceedings before the City of Pasco Municipal Court. This plan shall include the selectwn, monitoring and evaluation of qualified contract attorneys by a Plan Administrator. II. DUTIES OF PLAN ADMINISTRATOR The Plan Administ,ator shall be th~ City Director of AdmimstratI\e and Community Services and shall: A. Administer contracts for indigent defense representation. B. Provide annual written evaluation of the contract providers by: 1. Report and self evaluation by contract provider~ 2_ EvaluatlOl1S [lorn Judge. Prosecutor, other defense lawyers and clients ofthe performance of the contract service provider 3. ObservatIons of in-Court performance for prepanng an evaluatlor.. report to the City Manager. C. FaClIit.att>: client. complamt procedures. D Provide an annual wntten report to the City Manager on the' state of indigent defense services. III. ADOPTJO~ OF STANDARDS The Washington Defend~rs Association "Standards for Public Defense S~n.lces'· as apPlovcd-by th~ \VashinglOI1 State Bar ASSoclatio:1 and mandated by ReV.." ---PAGE BREAK--- 10-101.030, as modified to specifically apply to misdemeanors and gross misdemeanor defense before the City of Pasco Municipal Court, are adopted as a standard for the City of Pasco for the rendering of indigent defense legal services. A copy of which standards are adopted and incorporated by this reference as Exhibit 1 to this Plan. These standards shall be incorporated in all contracts for the provision of indigent defense legal services establishing the minimum standard peTfonnance for all those contracting with the City to provide such services IV. EFFECTIVE DATE This Indigent Defense Legal Representation Plan and incorporated standards for public defense services shall be effectJVe from and after January 1, 2003. Goals and Standards· 2 ---PAGE BREAK--- EXHIBIT A STANDARDS FOR PUBLIC DEFENSE SERVICES RCW 10.101.030 Standards for Public Defense services. Each county or city under this chapter shall adopt standards for the delivery of public defense services, whether those services are provided by contract, assigned counsel, or a public defender office. Standards shall include the following: Compensation of counsel, duties and responsibilities of counsel, case load limits and types of cases, responsibility for expert witness fees and other costs associated with representation, administration expenses, support services, reports of attorney activity and vouchers, training, supervision, monitoring and evaluation of attorneys, substitution of attorneys or assignment ofcontracts, limitations on private practice of contract attorneys, qualifications of attorneys, disposition of client complaints, cause for termination of contract or removal of attorney, and nondiscrimination. The standards endorsed by the Washington State Bar Association for the provision of public defense services may serve as guidelines to contracting authorities. INTRODUCTION In recognition of the duty imposed on it by RCW 10. 101.030 and the duty to provide indigent defendants with adequate legal representation, the City of Pasco adopts the following Standards for Public Defense Services provided in conjunction with the Municipal Court of Pasco. STANDARD ONE: COMPENSATION .Standard: Indigent services shall be provided by contract. For contract defense attorneys, compensation shall be detennined by a written contract based upon the estimated case load, time demands, the customary compensation in the community for similar services rendered by private retained counsel, or by city ofother publicly paid attorneys who have public clients and budgetary consideration. Contract should prOVide for extraordinary compensation over and above the normal contract terms for cases which require an extraordinary amount of time and preparation. Services which require extraordinary fees should be defined in the contract. Related Standards: American Bar Association, Standards for Criminal Justice, 5-2.4 and 5-3.1. Standards tor Public Defense Services - 1 ---PAGE BREAK--- American Bar Association, Guidelines for the Appointment and Performance in Death Penalty Cases, 1988, Standard 10-1. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standards 13.7 and 13.11. :-.Jational Legal Aid and Defender Association, Standards for Defender Services, Standard IV 4. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contracts, 1984, Standard III-I 0 and III-ll. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline No.6. STANDARD TWO: DlJTIES AND RESPONSIBILITIES OF COUNSEL Standard: The legal representation plan shall require that defense services be provided to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable state bar association standards, the Rules of Professional Conduct, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Counsel's primary and most fundamental responsibility is to promote and protect the best interests of the client. Related St~gar.4~: American Bar Association, Standards for Criminal Justice, 4-1.1, 5-5.1 and 5-1.1. ~ational Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standards 13.1. National Legal Aid and Defender Association, Standards for Defender Services, Standard 11 2. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline 1I 1-18. STANDARD THREE: eASELOAD LIMITS AND TYPES OF CASES Standard: Standards for Public Defense Services - 2 ---PAGE BREAK--- The contract or other employment agreement shall specify the types of cases for which representation shall be provided and the estimated number of cases for which each attorney shall be expected to handle. The caseload of public defense attorneys should allow each lawyer to give each client the time and effort necessary to ensure effective representation. Neither defender organizations, county offices, contract attorneys nor assigned counsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. A case is defined by the Office of the Administrator for the Courts as: A filing of a document with the court naming a person as defendant or respondent. Caseload limits should be determined by the number and type ofcases being accepted and on the local prosecutor's charging and plea bargaining practices. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the contracting attorney should ensure that attorneys not accept more cases than they can reasonably discharge. Each attorney or finn contracting for indigent defense services shall set limits on the amount of privately retained work which can be accepted by the contracting attorney. These limits shall be based on the percentage of a full-time caseload which the public defense cases represents. Rclat~.d and Source Standards: American Bar Association, Standards for Criminal Justice, 4-1.2, 5-4.3. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.12. American Bar Association Disciplinary Rule 6-101. National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-I. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indi~ent Defense Contracts, 1984, Standard 111-6 and 111-12. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 1. STANDARD FOUR: RESPONSIBILITY FOR EXPERT WITNESSES Standard: Reasonable compensation for expert witnesses necessary to preparation and presentation of the defense case shall be provided. Expert witness fees should be maintained and allocated from funds separate from those provided for defender services. Requests for expert witness fees under Standards for Public Defense Services - 3 ---PAGE BREAK--- Court Rule 3.1 f should be made through an ex parte motion. Upon good cause shown, the defense may retain experts of its choosing as determined necessary by the Court and under such conditions as may be imposed by the Court. Related Standards: American Bar Association, Standards for Criminal Justice, 5·1.4. National Legal Aid and Defender Association, Standards for Defender Services, Standard IV 2d,3. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1983, Standard II 1·8d. National Advisory Commission, Task Force on Courts, 1973, Standard 13.14. STANDARD FIVE: ADMINISTRATIVE EXPENSES Standard: Contracts for public defense services should include the administrative costs associated with providing legal representation. These costs may include travel, telephones, law library, financial accounting, case management systems, the reporting requirements imposed by these standards. and other costs necessarily incurred in the day to day management of the contract. Related Standards: American Bar Association, Standards for Criminal Justice, Providing Defense Services. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, (1976), Guideline 3.4. National Legal Aid and Defender Association, Standards for Defender Services, 1976 1-3, IV 2a-e, IV 5. STANDARD SIX: INVESTIGATORS Standard: Private law finns holding contracts to provide representation for indigent defendants accused of crimes may employ investigators with criminal investigation training and experience in cases that warrant investigation as determined necessary by the Court. Standards for Public Defense Services - 4 ---PAGE BREAK--- Related Standards: American Bar Association, Standards for Criminal Justice. 4-4-1 and 5-1.14. National Advisory Commission on Criminal Justice Standards and Goals, Task Fon:e on Courts. 1973, Standard 13.14. ~ational Legal Aid and Defender Association, Standards for Defender Services, Standard IV 3. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Standard III Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies. 1982, Guideline Number 8. STANDARD SEVE!\': SUPPORT SERVICES Standard: The indigent defense contract shall provide representation that the attorneys shall provide or have access to sufficient support services to the perfonnance under the tenns ofthe contract. These support services may include secretaries, paralegals, investigators, social and mental health professions and other staff services, that are essential to ensure the effective perfonnance of the defense counsel during trial preparation, in the preparation of dispositional plans, and at sentencing. Related Standards: American Bar Association, Standards for Criminal Justice, 4-8.1 and 5-1.4. National Advisory Committee on Criminal Justice Standards and Goals, TaskForce on Courts, Standard 13.14. ~ational Legal Aid and Defender Association, Standards for Defender Services, Standard IV 3. \rational Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Standard 111-8. SeanIe-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 7. Standards for Public Defense Services - 5 ---PAGE BREAK--- STANDARI> EIGHT: REPORTS OF ATTORNEY ACTIVITY AND COMPENSATION Standard: The legal representation plan shall require that the defense attorney or office maintain a case reporting and management infonnation system which includes number and type of cases, attorney hours and disposition. This infonnation shall be provided regularly to the City and shall also be made available to the Office of the Administrator of the Courts upon request. Any such system shall be maintained independently from client files so as to disclose no privileged infonnation. For attorneys under contract, compensation should be made as provided by the contract. Related Standards: American Bar Association, Standards for Criminal Justice, 5-3.3. xii, The Report to the Criminal Justice Section Council from the Criminal Justice Standards Committee, 1989. I'\ational Legal Aid and Defender Association, Guidelines for Negotiating and Awarding f ndigent Defense Contracts, 1984 Standard 111-22. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the (;nited States, 1976, Guideline 3.4, 4.1, and 5.2. STANDARD NINE: TRAINING Standard: Attorneys providing public defense services should participate in regular training programs on criminal defense law, including a minimum of seven hours ofcontinuing legal education annually in areas relating to their public defense practice, including substantive criminal law. criminal procedure and forensic sciences, civil commitment, and dependency law. Every attorney providing counsel to indigent accused should attend courses that foster trial advocacy skills and review professional publications and tapes. Related Standards: American Bar Association, Standards for Criminal Justice, 5-1.4. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.16. Standards for Public Defense Services - 6 ---PAGE BREAK--- National Legal Aid and Defender Association, Standards for Defender Services, Standard V. !'iational Legal Aid and Defender Association, Guidelines for Negotiating and Awardin~ Indigent Legal Defense Contracts, 1984, Standard Ill-I 7. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 3. National Legal Aid and Defender Association, Guidelines for the Appointment aDd Performance of Counsel in Death Penalty Cases, 1988, Standard 9.1. STANDARD TEN: SUPERVISION Each attorney or firms of attorneys providing public defense contract services shall provide for the supervision of defense lawyers. Contracts with private attomey(s) for the provision of public defender services shall provide for annual reviews of the private attorney's performance by the City. Such reviews shall include consultation with relevant judicial otlicers. t\ational Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.9. t\ational Legal Aid and Defender Association, Guidelines for Negotiating aDd Awarding Indigent Legal Defense Contract, 1984, Standard 111-16. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 4. STANDARD ELE:VEN: MONITORING AND EVALUATION ATTORNEYS The contract for public defense services should establish a procedure for systematic monitoring and evaluation of anomey performance based upon publicized criteria. Supervision and evaluation efforts should include review of time and caseload records, review and inspection of transcripts, in- court observations, and periodic conferences between the contract attorney and a designee of the legislative authority. Standards for Public Defense Services ~ 7 ---PAGE BREAK--- Perfonnance evaluations ofa contract attorney should include comments from judges, prosecutors, other defense lawyers and clients. Attorneys should be evaluated on their skill and effectiveness as criminal lawyers and/or dependency or civil commitment advocates. Related Standards: ~ational Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Standard 111-16. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Recommendations 5.4 and 5.5. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.9. STANDARD TWELVE: SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF CONTRACTS Standard: The attorney engaged by the City to provide public defense services should not sub-contract with another finn or attorney to provide representation and should remain directly involved in the provision of representation. If the contract is with a firm or office, the City shall request the names and experience levels of those attorneys who will actually be providing the services, to ensure they meet minimum qualifications. The employment agreement shall address the procedures for continuing representation of clients upon the conclusion ofthe agreement. Related Standards: American Bar Association, Standards for Criminal Justice, Standard 5-5.2. ~ational Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.1. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline 111-23. STANDARD THIRTEEN: QUALIFICATIONS OF ATTOR.llIJEYS Standard: Standards for Public Defense Services - 8 ---PAGE BREAK--- 1. In order to assure that indigent accused receive the etlective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services should meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and R Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. 2. Legal Interns. Legal Interns may be utilized in the assistance of indigent defendants only to the extent allowed by rule and upon prior City approval. A. Legal interns must meet the requirements set out in APR 9. H. Legal interns shall receive training pursuant to APR 9 and Standard Nine, Training. 3. The City should award contracts for public defense services only after determining that the attorney or finn chosen can meet accepted professional standards. Under no circumstances should a contract be awarded on the basis of cost alone. Attorneys or finns bidding for contracts must demonstrate their ability to meet these standards. 4. Contracts should only be awarded to a) attorneys who have at least one year's criminal trial experience comparable municipal or district court jurisdiction, or b) a finn where at least one attorney has one year's trial experience in municipal or district court jurisdictions. Related St~dards: National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, Standard 13.15. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Public Defense Contracts, 1984, Standard 111-7. National Legal Aid and Defender Association, Standards for the Appointment and Performance of Counsel in Deatb Penalty Cases, 1987, Standard 5. L STANDARD FOURTJi:EN: DISPOSITION OF CLIENT COMPLAINTS Standarq; Standards for Public Defense Services· 9 ---PAGE BREAK--- The legal representation plan shall include a meth0d to respond to client complaints. Complaints should first be directed to the contract attorney or firm that provided representation. If the client feels that he or she has not received an adequate response, the Client shall submit a written complaint to the City Manager who is hereby authorized to designate a person or agency to investigate the Complaint. Thc complaining client should be informed as to the disposition of his or her complaint within one week, or such additional time as warranted by the circumstances of each case. Complaints regarding criminal defense representation made to a judicial officer should be referred to the City Manager for investigation. Related Standards: The American Bar Association, Standards for Criminal Justice, 4-5.1 and 4-5.2. STANDARD FIFTEEN: CAUSE FOR TERMINATION OR REMOVAL OF ATTORNEY Standard: Contracts for defense services shall include the grounds for termination of the contract by the parties. The representation in an individual case establishes an inviolable attomey- client relationship. Removal of counsel from representation therefore normally should not occur over the objection of the attorney and the client. Related Standards: American Bar Association, Standards for Criminal Justice, Standard 5-1.3, 5-5.3. ~ational Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline 111-5. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Recommendations 2.12 and 2.14. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.8. STANDARD SIXTEEN: NON-DISCRIMINATION Standards for Public Defense Services - 10 ---PAGE BREAK--- t\.either the City, in its selection of an attorney, firm or agency to provide public defense r~presentation,nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds ofrace, color, religion, national origin, age, marital status, sex, sexual orientation or handicap. Both the City and the contractor shall comply with all federal, state, and local nondiscrimination requirements. Related Standards: American Bar Association, Standards for Criminal Justice, Providing Defense Services, Standard 5-3.1. National Legal Aid and Defender Association, Standards for Defender Services, 1976, Standard 111-8. Standards for Public Defense Services - 11