Coots/Henke & Wheeler/CourtsCONTRACT FOR INDIGENT DEFENSE SERVICES
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APPROVED AS TO FORM BY ~
1. Contract Parties. This Contract is made between the following attorney (s):
Coots, Henke & Wheeler by Laura E. Trulock, 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.
The duration of this Contract shall be from January 1, 2004
3. Contract Period.
through December 31, 2004.
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 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 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 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 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 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 mnount of a 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.
l 1. 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 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 2004,
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 Mm'ch 31, 2004. 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 COURT
Name: Laura E. Tmlock
Attorney No. 23808-49
Signatur
Address: 255 E. Carmel Drive
Carmel, Indiana 46032
Phone: (317) 844-4693
Date: /~///~_/~ ~g
Name: Hon. Gall Bardach
Signatur .~ ~.~-~. ~~r~
co :
Phone: ([[~ ~[- ~e
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CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
James Brainard, Mayor
Date:
,200~.
/Diana Cordray, Clcrk-Trea~rer