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HomeMy WebLinkAboutResolution 2026-09, Public Defender Agreement - LytleCity of East Wenatchee Resolution 2026-09 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2026-09 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a one year agreement between the City and Lytle Law PLLC. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute an Agreement between the City and Lytle Law PLLC for Public Defender Services that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5. Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 20th day of January, 2026. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Laura Leon, City Clerk Approved as to form only: ___________________________ Bob Siderius, City Attorney Filed with the City Clerk: 01-15-2026 Passed by the City Council: 01-20-2026 Effective Date: 01-20-2026 City of East Wenatchee Resolution 2026-09 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Jerrilea Crawford (Jan 30, 2026 09:46:09 PST) Jerrilea Crawford Contract for the Provision of Legal Services Page 1 4J87829 CONTRACT FOR THE PROVISION LEGAL SERVICES This Contract is entered into effective 1 January, 2026 between the City of East Wenatchee (“the City”), a municipal corporation of the State of Washington and the Lytle Law, PLLC (“Contractor”). RECITALS: 1. Contractor is licensed to practice law in the state of Washington and is an experienced criminal defense attorney; 2. The City has an obligation to provide for the delivery of public defense services to indigent defendants who appear in the City of East Wenatchee municipal court; 3. Contractor and the City desire to enter into a contractual agreement for the provision of legal defense services to indigent criminal defendants and on other matters where a court appointed attorney in the City of East Wenatchee Municipal Court is required; and 4. Contractor has demonstrated the ability to meet accepted professional standards and the qualifications required of public defenders in the state of Washington. NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties contract and agree as follows: I. DEFINITIONS AND NATURE OF WORK The following provisions are controlling in this Contract, notwithstanding any other provision to the contrary: A. DEFINITIONS 1. “Case”. A “case” commences upon appointment by the East Wenatchee Municipal Court judge. 2. “Indigent Person” means any person unable to afford to hire or retain legal counsel as determined by the East Wenatchee Municipal Court judge, applying current case law, regulations, statutes, and/or applicable Court Rules. Should a Contractor determine a defendant is not eligible for assigned counsel, the Contractor will advise the Court and move to withdraw from the case. Contractor is under no obligation to inquire as to the defendant’s financial situation Contract for the Provision of Legal Services Page 2 4J87829 3. “Staff Attorney” means any attorney who is an employee of Contractor performing service under the Contract. The attorney providing services currently for the Lytle Law is Russell Lytle. Contractor shall provide the City in advance with the name of any additional employees who are going to provide representation under this Contract. 4. “Court” or “Municipal Court” means the East Wenatchee Municipal Court. 5. “Standards for Indigent Defense” means those standards and guidelines of the Washington State Bar Association’s Standards for Incident Defense Services (March 8, 2024) and any amendments to those standards. The Standards for Indigent Defense also include any standards adopted by the Washington state Supreme Court. B. NATURE OF WORK That during the period of this Contract, Contractor shall provide legal representation for all indigent criminal defendants and suspects in Municipal Court who have been found by the Municipal Court to be indigent and qualify for court-appointed representation. It is the intent of the parties that Contractor provide legal services in all situations, civil and/or criminal, that Municipal Court appoints an attorney to represent an indigent individual or individuals. II. TERMS AND CONDITIONS OF CONTRACT A. TERM This Contract is to take effect January 1, 2026, and is to continue in full force and effect until December 31, 2026. B. COMPENSATION AND COSTS. 1. For January, 2026, compensation shall be $479 per case assigned in January. From February 1 through June 30, 2026, compensation shall be $1,995.83 per month. After June 30, if the average number of cases assigned has been 4 or more per month, compensation shall remain at $1,995.83 per month and additional compensation after the end of the year will be paid of $479 per case for each case assigned beyond 50 assignments. If the assigned cases between February 1 and June 30, 2026 are less than 4 on average per month, the monthly compensation shall be adjusted to reflect that average, with additional payments after the end of the year on a per case basis for all cases assigned beyond the average . All payments shall be paid to Lytle Law Office monthly following assignments. Contract for the Provision of Legal Services Page 3 4J87829 2. Contractor shall be responsible for paying all costs of its operations from the above remuneration as set forth herein except as otherwise agreed to. Such costs include insurance, bar association dues, facility expenses and any other expenses relating to Contractor's operations and as set forth in Standard 5A. of the Standards for Indigent Defense. 4. The City will make payment to the Contractor monthly. 5. Contractor may request that the Municipal Court appoint an investigator, expert witness or interpreter. Contractor first shall obtain from the applicable court in advance an ex parte order authorizing the expenditure of the funds on the terms and conditions required by the Court And shall include a motion to seal. In the event that the Municipal Court makes such appointment, the City shall pay the reasonable costs for those services as required by Standard 4.A. of the Standards for Indigent Defense. 7. Costs for service of process shall be reimbursed by the City upon submission of an invoice by Contractor. C. DUTIES AND RESPONSIBILITIES OF CONTRACTOR. 1. Contractor must provide legal representation to a defendant for whom they have accepted assignment for all stages of the criminal proceedings through sentencing, dismissal or the filing of a notice of appeal to the Superior Court if filed. Provided, however, that Contractor representation shall cease upon the occurrence of any of the following: a. The filing of a notice of appearance or substitution of counsel by any other legal counsel as approved by the Municipal Court; b. A Defendant’s expressed intention to proceed pro se and the Municipal Court’s termination of representation by Contractor; c. Any order from the Municipal Court allowing withdrawal of Contractor or terminating representation; or d. The filing of a notice of appeal. If circumstances arise requiring Contractor to withdraw from representation, Contractor obligation to provide defense shall terminate upon Municipal Court approval of the withdrawal. 2. During two months of the year, Contractor shall attend the "Preliminary Appearance Calendar" for the Municipal Court and communicate with each defendant charged with a violation of the East Wenatchee City Code regarding basic information, to include but not limited to, informing each defendant of the crime or crimes charged, the elements of the crime or Contract for the Provision of Legal Services Page 4 4J87829 crimes, the maximum penalty, the mandatory minimum penalty, if any, and the right to be appointed an attorney. Contractor shall not be required to make a formal appearance as defined by CrRLJ4.1(g) at the Preliminary Appearance calendar. Contractor shall coordinate with the other City public defenders for scheduling of the two months during which Contractor shall provide coverage at the Preliminary Appearance calendar. 3. Defense services shall be provided to all Clients in a professional and skilled manner, consistent with minimum standards set forth by the Rules of Professional Conduct, the Standards for Indigent Defense and case law and applicable court rules defining the duties of attorneys and the rights of defendants and suspects in criminal cases. Contractors’ primary and most fundamental responsibility is to promote and protect the best interests of the Client. 4. Contractor is to communicate with assigned incarcerated clients in a timely manner. This means Contractor should communicate with clients within 24 hours of the time the appointment is made known to Contractor when possible, but not less than 48 from the appointment except in extraordinary individual circumstances which make it not possible for Contractor to do so. The Contractor should send a representative to see the client if the Contractor is unable to do so within 24 hours of notification of the appointments. 5. Pursuant to CrRLJ 3.1 and the Standards for Indigent Defense, Standard Eight, Contractor must provide the City on a quarterly basis (April 15 for quarter 1, July 15 for quarter 2, October 15 for quarter 3, January 15 for quarter 4) statistics for all cases assigned. The statistics must include: (1) name of client; (2) attorney assigned for representation (3) case number; (4) charge; (5) disposition (plea, bench or jury trial); and (6) whether an appeal was filed. Contractor shall not be required to disclose to the City any materials that would be considered protected by the attorney-client privilege. In addition, Contractor shall maintain a case reporting and management information system which includes the number and type of cases in total and by attorney, attorney hours and disposition. This information shall also be provided to the City quarterly, 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 not to disclose privileged information. 6. Pursuant to CrRLJ 3.1, Contractor shall certify each quarter that it has complied with the Washington State Supreme Court Standards for Indigent Defense contained within the Washington state court rules. Certification shall be made to the clerk of the East Wenatchee Municipal Contract for the Provision of Legal Services Page 5 4J87829 Court and the clerk of the Washington State Supreme Court, provided that the courts have protocols for receiving and retaining such certifications. A copy of the certification shall be provided to the City clerk.10. Pursuant to Standard 3.E. of the Standards for Indigent Defense, Contractor shall report to the City on an approximate number of annual basis hours billed for nonpublic defense legal services in the previous calendar year. 7. Pursuant to Standard Eleven of the Standards for Indigent Defense, the City requires that Contractor use a case reporting and management information system that includes the information required under section C(7) above, plus total attorney hours worked each quarter by attorney. Data from the system should be routinel y reported to the City in a manner in which confidential, secret or otherwise nonpublic information and secrets are not disclosed. The City’s appointed public defense administrator will review these reports on a regular basis to monitor compliance with these Standards. D. CASELOAD LIMITS. The caseload of Contractor and those employed by Contractor shall allow each attorney to give each client the time and effort necessary to ensure effective representation. Contractor shall not be required to accept caseloads or workloads that, by reason of their excess of size, interfere with the rendering of quality representation. Attorneys working for Contractor are to take steps necessary to reduce their caseloads if their workload exceeds their capacity to provide counsel to existing or newly assigned clients. The caseload for attorneys employed by Contractor shall not exceed 220 per year, or an amount that will allow contractor and attorneys working for contractor to comply with the Standards for Indigent Defense. The caseload of each attorney employed by Contractor shall be such that a full time attorney working in Contractor’s office shall not be expected to work in excess of 1650 hours per year, excluding annual leave time (vacation, sick, PTO, FMLA) holidays, CLE’s and training, supervision and other time that is not case related. E. ADMINISTRATIVE COSTS. Contractor shall make arrangements for interpreters needed for communication with clients in all other circumstances not involving presentation of the defense case. Contractor shall have an adequate number of investigators, secretaries, word processing staff, paralegals, social work staff, mental health professionals, human resource officers, finance officers and other support services staff, including computer system staff and network administrators, to allow for effective representation of their clients. The Standards for Indigent Defense, Standard Seven, shall serve as the as the guideline for employment of support staff. All administrative costs are included within the compensation paid as set forth in section 2(B)(1) above. Contract for the Provision of Legal Services Page 6 4J87829 Contractor is free to employ additional attorneys as the need arises during performance of this Contract. F. SUPERVISION Contractor shall assign only such cases to staff attorneys as that attorney is qualified by training and experience to handle and qualified under the Standards for Indigent Defense. The City’s public defense administrator shall perform in-court observations, conduct periodic conferences, provide verification of attorney compliance with the Standard Nine training requirements of the Standards for Indigent Defense, provide verification of compliance with Certifications of Compliance with the Supreme Courts Court Rule Standards, and oversee management of client complaints, consistent with Standard Fifteen of the Standards for Indigent Defense. G. CAUSE FOR TERMINATION OF DEFENDER SERVICES AND REMOVAL OF ATTORNEY Termination of this Contract should only be for “just cause.” “Just cause” shall include, without limitation, the failure of an attorney to render adequate representation to Clients; the willful disregard of the rights and best interests of the Client; and/or the willful disregard of the standards herein addressed; and/or Contractor’s failure to comply with the terms and conditions of this Contract. Just cause should be established by final judgment of a court with jurisdiction or pursuant to the arbitration provisions of section Q below. The termination of the employment of any staff attorney, or the removal of an attorney from representation of a Client, is solely within the authority of Contractor. However, City shall not be required to continue making payments upon a judicial determination that Contractor or a staff attorney is not acceptable to the appointing court. The representation in an individual case establishes an inviolable attorney-client relationship. Removal of counsel from representation therefore should ordinarily not occur over the objection of both the attorney and the Client. This Contract may also be terminated at any time by the mutual written consent of the parties. H. OBLIGATIONS ON TERMINATION Upon termination of this Contract, Contractor’s obligation to provide representation shall cease upon the City's hiring of other legal counsel to provide representation to a defendant for whom Contractor has previously accepted assignment and provided representation. A notice of substitution of the new counsel and withdrawal of Contractor shall be filed and must be approved by the Municipal Court. Contractor shall assist in transferring all relevant files and materials to the newly assigned defense counsel. In the event that the City does not appoint other legal counsel following termination of this Contract, or if the Municipal Court does not approve Contract for the Provision of Legal Services Page 7 4J87829 substitution, Contractor shall continue to provide representation and shall be paid at a rate of $125 per hour. In that even, Contractor shall provide an accounting for all time spent in representation following termination of the Contract. I. NONDISCRIMINATION Contractor shall not discriminate against any employee, applicant for employment or subcontractor because of race, color, sexual orientation, handicap, age, religion, sex, or national origin. No person in the United States shall, on the ground of race, color, sexual orientation, handicap, age, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subject to unlawful discrimination through any activity made possible by or resulting from this Contract. Contractor shall comply with all requirements imposed by or pursuant to Civil Rights Act of 1964, and subsequent State and Federal enactments. J. CONFLICTS OF INTEREST 1. Financial Interests. No officer, employee, or agent of the City shall have any personal and/or financial interest, direct or indirect, in this Contract. Contractor shall take appropriate steps to assure compliance with this requirement. 2. Attorneys – Reservation Regarding Representation. Contractor, on behalf of its attorneys, reserves the right to decline to advise or represent any indigent or otherwise eligible person on the basis of actual or potential legal, ethical, or professional conflict of interest and with the consent of the Court may withdraw from representing any particular person for good cause shown. In such event, Contractor shall immediately inform the appropriate Court in writing and/or “on the record” of such declination and the specific reason therefore, and will request that appointment of other counsel. When possible, Contractor shall refer clients one to the other in the event it becomes necessary to withdraw from representation. K. WARRANTY OF AUTHORITY Contractor warrants that it has the authority to enter into and execute this Contract, and will defend any disciplinary or judicial proceedings brought against Contractors, or against the City arising from the conduct of Contractor, or challenging Contractor’s actions as an unauthorized practice of law, or questioning Contractor’s right and authority to execute this Contract. Contractor acknowledges that this Contract is made pursuant to and in express reliance upon this warranty. L. RECORDS RETENTION Contract for the Provision of Legal Services Page 8 4J87829 Records of all matters covered by this Contract shall be maintained by Contractor in accordance with requirements prescribed by the State Public Records Act, City regulations and applicable courts. Except as otherwise authorized by City, such records shall be maintained for a period of not less than three (3) years after closure of each case or termination of this Contract, whichever is later. In no event is Contractor and/or subcontractor required by this Contract to keep records over five (5) years. The City will provide Contractor with one (1) copy of all reports, etc., for client’s files, at no expense to Contractor. At expiration or termination of the Contract, Contractor shall deliver to whomever designated by City all Client files on pending matters upon receipt of written consent from the Client. M. HOLD HARMLESS AND INDEMNIFICATION With respect to the obligation and activities carried out under this Contract, Contractor agrees to indemnify, or to defend and hold the City, its elected and appointed officers, employees and agents harmless, at the City’s option, from and against any loss, expense, attorney’s fees, other costs, liability or claims arising wholly or partially out of any error or omission, negligence or intentional tort on the part of any employee, official, or agent of Contractor, including without limitation, sub-contracting attorneys, whether direct or indirect, in the performance of this Contract, other than those actions on the part of the officials, employees or agents of the City. In the event any suit or legal proceeding shall be brought against the City or any of its officers or employees, at any time, on account of or by reason of any act, action, neglect, omission, or default of Contractor and/or anyone acting for, on behalf of, or at the direction of Contractor, including without limitation, independent, sub-contracting attorneys, Contractor hereby covenants and agrees to assume the defense thereof and to defend the same at Contractor’s own expense and to pay any and all cost, charges, attorney fees and other expenses and any and all judgments that may be incurred by or obtained against the City or any of its officers, employees, or agents in such suits or other proceedings. N. PROFESSIONAL LIABILITY INSURANCE. During the term of this Contract, and for liability originating from this Contract, Contractor and all persons acting for and on behalf of the Contractor (including without limitation independent subcontractors) shall maintain professional liability insurance coverage, including without limitation, errors and omissions, negligence, intentional torts, and punitive damages. The aforementioned insurance shall be obtained from any insurance company authorized to do business in the State of Washington and shall have liability limits of no less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) in the aggregate. Within thirty (30) days of signature of the last party signing this Contract, Contractor shall submit evidence that such insurance is in full force and effect, and that such insurance will not be canceled during the time period Contractor has to fully execute all of the terms and conditions of this Contract. Contractor’s coverage of liability for events accruing during this Contract shall extend after the Contract is terminated by its terms or order of court with jurisdiction. Said insurance company shall be required to give the City written notice within seventy-two (72) hours if the policy is canceled or otherwise terminated for any reason, including without limitation, non-payment of premium. Contract for the Provision of Legal Services Page 9 4J87829 O. INTEGRATED DOCUMENT This Contract embodies the entirety of the agreement between the City and Contractors, its terms and conditions and supersedes any and all other agreements, contracts and understandings, written or oral. No verbal agreements, conversations, understandings, or writings with any officer, agent, or employee of the City prior to the execution of this Contract shall affect or modify any of the terms, conditions, or obligations contained in any document s comprising this Contract. Any such verbal agreements, conversations, understandings, or writings shall be considered as unofficial and in no way binding upon the City. P. WHEN RIGHTS AND REMEDIES ARE NOT WAIVED In no event shall any payment by the City or acceptance of payment by Contractor constitute or be construed to be a waiver by such party of any breach of contract, covenant, or default which may then exist on the part of the other. The making or acceptance of any such payment while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available with respect to such breach or default. No failure of the City or Contractor to insist on the strictest performance of any term of this Contract shall constitute a waiver of any such term or an abandonment of this Contract. Q. SEVERABILITY OF PROVISIONS If any term, covenant, condition, or provision of this Contract is held by a court of competent jurisdiction, arbitrator or other reviewing body with jurisdiction, to be void, invalid, or unenforceable, the remainder of the Contract, if it would then continue to conform to the terms and requirements of applicable law, shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. R. DISPOSITION OF CLIENT COMPLAINTS The following procedure shall be utilized for responding to Client complaints: Complaints should first be directed to the Staff Attorney providing representation. The Contractor shall also have a person designated to hear and resolve, if possible, client complaints (the “Complaint Manager”) that are not resolved by the Staff Attorney. In the case of solo practitioners or small firms, the Complaint Manager shall be the City attorney. The Staff Attorney shall inform the Complaint Manager of any Client complaints and shall advise the client of their right to discuss the complaint with the Complaint Manager. If the Client feels that he or she has not received an adequate response from the Staff Attorney, the Complaint Manager should evaluate the legitimacy of the complaint and, if possible, resolve the complaint. The Client should be informed as to the disposition of his or her complaint within one week. The Client should be also be advised that if the Client feels dissatisfied with the evaluation and response received from the Complaint Manager, they can report their complaint to City Mayor for further review and resolution, and can also submit a complaint to the Washington State Bar Association. S. DISPUTES – ARBITRATION Contract for the Provision of Legal Services Page 10 4J87829 Disputes or claims arising under this Contract between the City and Contractor shall initially be resolved by consultation between Contractor(s) and the City Mayor. If resolution of such dispute or claim is not obtained within fifteen (15) days of such consultation, the proposal shall be submitted to binding arbitration using an arbitrator agreed to by City and the Contractor(s). In the event that the City and the Contractor cannot agree on an arbitrator, the arbitrator shall be appointed by the presiding judge of the Douglas County Superior Court. Any arbitration shall be governed by the rules and procedures of the Washington Arbitration Act, RCW 7.04A. T. MODIFICATIONS Nothing contained in this Contract shall be deemed to preclude any party from seeking modification of any term contained herein should an unforeseen and material change in circumstances arise. In the event that the Contractor is assigned a number of cases that exceed the number of cases anticipated and budgeted for in any year to the extent that the Contactors would be unable to accept new cases under the Standards for Indigent Defense then the amount of compensation may be modified so that the Contactors may fulfill the obligations of this Contract. Modification of this type may only be made after a clear showing by the Contractor that modification is necessary to fulfill this Contract and to comply with the Standards for Indigent Defense. Any agreement, contract, understanding, or modification made between the parties subsequent to this Contract must be executed with identical formality as this Contract, otherwise the same shall not be enforceable. U. ASSIGNABILITY Contractor may not assign its rights or obligations under this Contract to an unaffiliated third party without the prior written consent of the City, which will not be unreasonably withheld, or as otherwise permitted herein. Contractor shall provide two weeks’ notice to the City (to the Mayor or to the City Attorney) of its intent to assign the Contract. If the City does not object in writing to the assignment within two weeks, the assignment will be permitted. V. GOVERNING LAW This Contract shall be governed by the laws of the State of Washington. Should this Contract be subject to scrutiny by a court of law, arbitrator or other reviewing body with jurisdiction, it shall be interpreted as if drafted by both of the parties herein. CONTRACTOR _________________________________ Russell Lytle Lytle Law, PLLC Dated: ___________________________ 01/15/26 CITY OF EAST WENATCHEE Final Audit Report 2026-01-30 Created:2026-01-30 By:City Clerk (cityclerk@eastwenatcheewa.gov) Status:Signed Transaction ID:CBJCHBCAABAAuWkmD1kLSc9nveDhuEXa9Ujrd7Cp8iQE "CITY OF EAST WENATCHEE" History Document created by City Clerk (cityclerk@eastwenatcheewa.gov) 2026-01-30 - 5:40:21 PM GMT Document emailed to Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) for signature 2026-01-30 - 5:40:31 PM GMT Email viewed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) 2026-01-30 - 5:45:45 PM GMT Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) Signature Date: 2026-01-30 - 5:46:09 PM GMT - Time Source: server Agreement completed. 2026-01-30 - 5:46:09 PM GMT