Sirk Law Office-Indigent Defens CO~'rMACT FOR INDIGENT DSFENSE SERVICES
1. Contract Parties. This contract is made between the
following attorney R. Scott Sirk of Sirk Law Office,
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, 2001 through December 31, 2001.
4. Services. The ATTORNEY shall provide legal services
for indigent defendants in the following categories of cases:
misdemeanor cases and probation revocation cases.
5. Indigent Persons. An indigent person who is
financially unable to obtain adequate representations 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 personts
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, clothes and
care for the person and the person's immediate family.
Assets 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 cost of effective
representation when the length and complexity of the
anticipated proceedings are taken fully in 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, arguments 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 Rule 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 attorney, during the entire
contract period in the amount of at least Five Hundred
Thousand Dollars ($500,000}.
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 indigency shall
be considered privileged under the attorney-client
relationship.
11. Record EP~ and Re~porting. 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 Modification. 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 client is substantially impaired or rendered
impossible, or to a disregard of the rights and best interest
of clients which prejudices their rights.
14. Pa_vment for Services. The Compensation under this
Contract shall be $12,000.00, less fees paid for other pauper
representation due to a conflict. For services performed in
2001, compensation shall be payable at the rate of $3,000.00
per quarter. Payments shall be made on last day of each
quarter, beginning March 30, 2001. The ATTORNEY shall not
receive compensation in any form from or on behalf of persons
represented pursuant to this Contract.
15. Cost and E~enses. 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.
Name:
Attorney No:
Signature:
Address:
Phone:
Date:
ATTORNEY
,~,1-'~, fia,,~ ~. ,1.'o~,~
COURT
Name:
Signature:
Phone: ~-
IN WITNESS WHEREOF, the parties have made and executed this Agreement as
follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
Billy Walker, Member
Date
Date