HomeMy WebLinkAboutJoni Sedberry/Courts/Indicent Defense Services 2016CONTRACT FOR INDIGENT DEFENSE SERVICES
1. Contract Parties. This Contract is made between Joni L Sedberry, Attorney at Law,
hereinafter referred to as ATTORNEY, and the Judge of Carmel City Court, hereinafter
referred to as COURT.
2. Contract Authority. This Contract is made pursuant to I.C. 33-9-10-1 and under the
inherent power of the COURT to provide adequate representation to indigent
defendants.
3. Contract Period. The duration of this Contract shall be from January 1, 2016
through December 31, 2016.
4. Services. The ATTORNEY shall provide legal services for indigent defendant sin the
following categories of cases: misdemeanor cases and probation revocation cases.
5. Indigent Persons. An indigent person is a person who is financially unable to obtain
adequate representation without substantial hardship to himself or his family.
In determining indigence, the judge shall determine whether the assets of the
person exceed the amount needed for the payment of reasonable and necessary
expenses incurred, or which must be incurred to support the person and the person's
immediate family, Assets to be considered in making the determination shall include
disposable income, cash in hand, stocks and bonds, bank accounts and other property
which can be converted to cash within a reasonable period of time and which is not
needed to hold a job, or to shelter, clothe and care for the person and the person's
immediate family. Assets which cannot be converted to cash within a reasonable period
of time shall be considered as assets equivalent in dollars to the amount of a loan which
could reasonably be obtained by using these assets as collateral. If the person's assets,
less reasonable and necessary living expenses, are insufficient to cover the anticipated
proceedings are taken fully into account, the person is eligible for representation by the
ATTORNEY.
6. Representation. The ATTORNEY shall provide legal representation of each indigent
defendant assigned under this Contract, which shall include investigation, consultation
with client, interviewing witnesses, preparation and filing of motions, arguments on
motions, trial, sentencing, and post -trial motions (including request for trial de novo,
sentencing modifications, and probation revocation proceedings).
7. Interview Schedule. For clients who are in custody, the ATTORNEY shall conduct an
interview with client within seven (7) days of the ATTORNEY'S appointment to the case.
For clients who are not in custody, the ATTORNEY shall conduct an interview with the
client within fourteen (14) working days of the ATTORNEY'S appointment to the case.
8. Conflict of Interest. If at any time after an appointment has been made, the
ATTORNEY discovers a conflict of interest pursuant to the Indiana Rules of Professional
Conduct which required withdrawal from the case, the ATTORNEY shall promptly notify
either the judge who made the appointment or the judge of the COURT in which the
matter is pending, and request authorization to withdraw from the case.
9. Malpractice Insurance. The ATTORNEY shall carry malpractice insurance, paid by
the attorney, during the entire contract period in the amount of at least Five Hundred
Thousand Dollars ($500,000).
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10. Privileged Information. The ATTORNEY shall retain all client files in a manner that
affords protection of the client's confidentiality interests.
The ATTORNEY shall not release any confidential or attorney-client information, or
work product related to any case, except under order of the COURT to do so, unless the
ATTORNEY receives a signed waiver from the client.
Any information or statements of the defendant obtained by the ATTORNEY in the
process of determining indigence shall be considered privileged under the attorney-
client relationship.
11. Record Keeping and Reporting. The ATTORNEY shall maintain individual case
records showing services provided and hours served on each case which shall be
available for inspection upon request by the COURT.
12. Contract Modifications. Any modifications of this Contract shall be in writing and
approved by all parties. There are no parole agreements accompanying this Contract.
13. Termination of Contract. Either party may terminate this contract for cause by thirty
(30) days written notice to the other party. Either party may terminate the contract
without cause by ninety (90) days written notice.
The parties agree that "good cause" for termination of the Contract is limited to
failure to comply with the terms of the Contract such that the adequate representation
of the indigent client is substantially impaired or rendered impossible, or to a disregard
of the rights and best interest of clients which prejudices their rights.
14. Payment for Services. The compensation for services of the ATTORNEY under this
Contract shall be $20,000.00, less paid for other pauper counsel appointed in cases
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where ATTORNEY has to decline representation due to a conflict. For services
performed in 2016. The ATTORNEY shall not receive compensation in any form from or
on behalf of persons represented pursuant to this Contract.
15. Costs and Expenses. If funds for expenses, such as expert witness fees and deposition
costs, are not appropriated by the City Council, the ATTORNEY may request the COURT
to order that additional funds be made available for necessary costs and expenses under
this Contract or may request reimbursement and authorization for the expenditure of
public funds on a case-by-case basis.
ATTORNEY
Name: Joni L Sedberry
Attorney No. 25918-64A
Signatur
Address:
L
COURT
Name: Honorable Brian Poind•xter
8250 Haverstick Road
Suite 100
Indianapolis, IN 46240
Phone: (317)571-3600
Date: I 130/ 9010
ignature:
Court: Carmel City Court
One Civic Square
Carmel, IN 46032
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Phone: (317) 7/24
Date:
Approved by the Board of Public Works this day of , 20 .
Attested By:
Clerk -Treasurer
City of Carmel
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