Loading...
HomeMy WebLinkAboutCoots, Henke & Wheeler/Courts CONTRACT FOR INDIGENT DEFENSE SERVICES AI PROVED, AS TO 1. Contract Parties. This Contract is made between the following attorney (s): Coots, Henke & Wheeler by Senghor A. Manns, hereinafter referred to as ATTORNEY, and the Judge of Carmel City Court, hereinafter referred to as COURT. 2. Contract Authority. This Contract ismadepursuant to I.C. §33-9-10-1 and under the inherent power of the COURT to provide adequate representation to indigent defendants. The duration of this Contract shall be from January 1, 2003 3. Contract Period. through December 31, 2003. 4. Services. the following categories of cases: 5. Indigent Persons. The ATTORNEY shall provide legal services for indigent defendants in misdemeanor cases and probation revocation cases. An indigent person is apersonwho is financially unable to obtain adequate representation without substantial hardship to himself or his family. In detenuining 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 inunediate 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 ora 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 cost of effective representation when the length and complexity of the anticipated proceedings are taken fully 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 witness, preparation and filing of motions, argmnents on motions, trial, sentencing, and post- trial motions (including motion to correct errors, praecipe, appeals, sentencing modification, and probation revocation). 7. Interview schedule. For clients who are in custody, the ATTORNEY shall conduct an interview with the 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 requires 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 a least Five Hundred Thousand Dollars ($500,000). 10. Privileged Informati onThe ATTORNEY shall retain all client files in a manner that affords protection of the client's confidentiality interests. The ATI'ORNEY shall not release any confidential or attomey-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. Anyinformation or statements of the defendant obtained by the ATTORNEY in the process of determining indigency 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. Anymodifications of this Contract shallbe in writing and approved by all parties. There are no parole agreements accompanying this Contract. 13. Termination o fContract. Either partymay 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 this 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 $12,000.00, less fees paid for other pauper counsel appointed in cases where ATTORNEY has to decline representation due to a conflict. For services performed in 2003, compensation shall be payable at the rate of $3,000.00 per quarter. Payments shall be made on the last working day of each quarter, beginning March 31, 2003. The ATTORNEY shall not receive compensation in any form from or on behalf of persons represented pursuant to this Contract. 15. Costs and Expenses. Ir'funds for expenses, such as expert wimess 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 COURT Name: Senghor A. Manns Attorney No. 18781-49 Signature: - Address: 255 E. Cannel Drive Carmel, Indiana 46032 Phone: (317) 844-4693 Date: Name: Hon. Gail Bardach Signatur~ M:\SAM\CONINDIG.WPD Approved and Adopted this /Q~ day of ,200~ CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: rainard, Mayor /-/~c -o_~ ATTEST: /~~ /Igq~a Cordray, Clerk-TreasUrer Date: Cannel City Court GAlL BARDACH, JUDGE TO: Board of Public Works FROM: Carmel City Court REF: Contract Approval DATE: January 6, 2003 Please add to the agenda of the next appropriate Board of Public Works meeting, the attached contract for pauper counsel services, for approval. Scott Sirk will no longer be providing pauper counsel services, therefore, we are entering into a new contract with Coots, Henke & Wheeler, through Senghor Manns. Thanks, Gail Carmel City Court (3NE CIVIC SQUARE (ARMEL. INDIANA 460}2 317/571-2440