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HomeMy WebLinkAboutSteven L Lloyd/CourtL'pnAMXA4 o2.OCe .;08 . a`` oZr0 APPROM As To Fonm uy? 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 2 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 3 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 LGo?e.?-- ?•o, mss 6"t" iJ l's TO 4 &•aK Ca?. 6 j 0'.0u-ry- CONFIRMATION RLANKEf C06TRA61I PAYMENTTERMS _ FREIGHT fl Ok'.01 ,QUANTITY' I UNIT OF MEASURE I DESCRIPTION I UNIT_PRICE 1 EXTENSION; u n S Sa r I cz Sr Send Invoice.To PLEASE INVOICE IN'DUPLICATE pow / r. 000 DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOUNT' Ll PAYMENT III` af JU` • kP VOUCHER CANNOT REAPPROVED FOR PAYMENT UNLESS THE PO. / 7?`1 NUMBERIS MADEA PARTOF THE'VOUCHERVIT EVERV INVOICEANO:. il V VOUCHER HAS THE PROPER SWCRN:ACFIOAVITATTACHEO. SHIPPING INSTRUCTIONS I HERESY CERTIFY THAT THERE I5 AN UNOULIGF7E0 BALANCE IN - Tuifl.? lIORInT,f?A C„CCI('ICIJT Tfi?G6V Fl1C THFdR(1\IF l1GRFG SIP'REPAID- COD. SHIPMENTS. CANNOT EE ACCEPTED! . PURCHASE CRDER'NUMBER MUST APPEAR ON ALL -SHIPPING LABELS. • THIS ORDER ISSUED 1N COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. DOCUMENT`CONTROL Nd. 4808 w ?. ORDERED 6Y' "TITLE CLERK-TREASURER VENDOR COPY