HomeMy WebLinkAboutSteven L Lloyd/CourtL'pnAMXA4 o2.OCe .;08 . a`` oZr0
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CONTRACT FOR INDIGENT DEFENSE. SERVICES
Contract-Parties. This Contract`ismade between.StevenR: Lloyd, 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=9-1-041 and
under the inherent power of the COURT;to provide.adequate repTeseptatioin to,indigent
defendants.
3. Contract Period. The duration of this;,Contract'shall be from
January I,-2008 throug h December 31,;2008.
4. Services'-. The ATTORNEY shall provide legal'services for indigent
defendants in the,following categories ofcises: misdemeanor cases.and,probation revocation
'cases.
Indigent Persons. An indigent' person is a person'who is financially. unable to
obtain.adequate,representation without substantial, hardship to himself orhis"family:
Judge , shall determine whether the assets of the•person
In determining indigence, the
exceed the amount needed for.the payment of reasonable andnecessary expenses incurred, or
which must be incurred.to support the person and the person's^immediate family. Assets to be
considered in making the deterrnmation.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'reasogably,be obtained' by'using these assets as collateral. Tf the person's•assets,,Iess
reasonable and necessary:fiving.ezpenses, are insuffficientto cover the anticipated cost of effective
representation when the length and complexity of the anticipated proceedings are takenfully into
account, the'personis eligibleifor representation by the ATTORNEY.
6. Representation TheATTORNEY shall`p[ovide legahrepresentationof each
indigent defendant assigned under this Contract, which shall include'investig.afion,,consuitation
with client„ interviewing witnesses, preparation and filing,of motions, argumerits,on motions; trial,
sentencing„and post trial motions (including. request for trial de novo; sentencing modifications;
and.orobation revocation proceedings):.
T Interview'Schedule. For clients who are in custody; the ATTORNEY shall
conduct. an interview with the client within seven(7) days of the ATTORNEWS 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 ofthe ATTORNEY'S appointment to the case.
S. Conflict of Interest. If at,any.time, afteran appointment. has been,made, the
ATTORNEY discovers a,confliaof interest pursuant to the Indiana Rulestof Professional
Conduct which requires withdrawal-from the case, 'the ATTORNEY shall promptly notify either
the judge whoamade the appointment or-the,judge of the COURT in "which the matte is pendingi
and request authorization to withdraw-from the case.
9. Malpractice Insurance. The ATTORNEY shalLcarry mafpractice insurance,
paid by the attorney, duringthe entire contract period in theamounf,of at least-Five Hundred
Thousand.Dollars ($500;000).
10. Privileged. Information The ATTORNEY shall retain all client files: in a
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manner that,affords protection of the clieiit's confidentiality interests.
The ATTORNEY shall not release'any confidential or attorney-client,information,.or work
product related to,apy case, except under order of the COURT to do so,, unlesstheATTORNEY
receives a signed waiver ffom the client.
Any information 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 Keepin and nd 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 this Contract is limited'to failure to
comply with the terms of the Contract, such that the adequate, representation of the.indigent,chent
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 $l5;OOO.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
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2008; compensation shall be.oayable°atthe rate of $1250.00 per month. -Payments-shall be made
on the last working day of each montlh,.beginning January31,2008 . The ATTORNEY shall-not
receive compensation in any form from or on.behalf of persons represented pursuant to this
Contract.
15. Costs and Expenses: iffunds-for expenses, such as expert,witness fees and
deposition costs, are nofappropriated by. the City Council, the ATTORNEY may request the
COURT to order, that additional-funds be made. available for necessarycosts 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: Sieven R. Lloyd
Attoiney.NO.20 5-29
Signature:
Address: 17408 Tiller Court, Suite 200
P.O. Box 355
Westfield, Indiana 46074
Phone: (317) 507-5585
Date: /aLAerdz
COURT
Name: Honorable Paul Felix°
Signature:
Court_ Carmel City Court
i Civic Square
Carmel, Indiana 45032
.Phone: (317) 571-24/40
'Date: +/ 1? 4qd Ey
4
City of Carmel
ONECIVIC SQUARE
CARMEL, INDIANA .46032-2584
.lV ICY..
INDIANA' RETAIL.,TAX EXEMPT
.CERTIFICATE NO. 003120155002 0
F,EDERAL'EXCISE TAX EXEMPT
35.60000972
CITY OF CARMEL-4097
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SHIPPING INSTRUCTIONS I HERESY CERTIFY THAT THERE I5 AN UNOULIGF7E0 BALANCE IN
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• THIS ORDER ISSUED 1N COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
DOCUMENT`CONTROL Nd. 4808
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ORDERED 6Y'
"TITLE
CLERK-TREASURER
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