DTucker Jail Court Mondays and Fridays

CITY OF GLENDALE
PUBLIC DEFENDER JAIL COURT AGREEMENT —- MONDAYS AND FRIDAYS

This Public Defender Jail Court Agreement — Mondays and Fridays (“Agreement”) is
made and entered into this first day of September 2022, by and between the City of Glendale, an
Arizona municipal corporation (“City”) and DesaRae Tucker, Attorney at Law (“Attorney”).

RECITALS

A. The City Manager of the City of Glendale is authorized and empowered by provisions of
the Glendale City Charter to execute contracts and contract amendments; and

B. The City desires to provide legal counsel for the representation of possibly incompetent
defendants (“Defendants”) in the Glendale City Court (“Court”), where such
representation is required by the United States Constitution, the Arizona Constitution,
and the Rules of Criminal Procedure for the State of Arizona; and

Cc. Attorney is licensed to practice law in the State of Arizona, is a member in good standing
with the State Bar of Arizona (“Bar”), is otherwise professionally qualified to provide the
desired services and is ready, willing and able to do so; and

D. City and Contractor desire to memorialize their agreement with this document.
AGREEMENT
1. Term of Agreement. The initial term of this Agreement shall be for the period of one year

commencing September 1, 2022 and expiring August 31, 2023 (“Term”).

2. Renewal. Not less than 30 days prior to the end of the Term, City may extend this
Agreement for up to two additional one-year periods with the consent of Attorney. City
may change the rate of compensation applicable to any extension period. No renewal will
take place unless initiated by the City.

3. Fees. The City will pay Attorney for all Jail Court legal services provided pursuant to this
Agreement during the duration of this Agreement, at the rate of $22,500 per annum,
payable monthly at the rate of $1,875. If less than a full calendar month is included at any
time within the Term of this Agreement, the monthly base compensation will be prorated
for that month at a daily rate. Attorney must submit a monthly invoice for payment to
the Agreement Administrator no later than the tenth day of the following calendar month
for which Attorney is billing. The invoice must be substantiated with the appropriate
statistical reports as referenced herein. In the event of termination prior to the expiration
date of this Agreement, Attorney will submit a final billing.

3.1 Additional Fees. At the sole discretion of and upon written approval of the
Presiding City Judge or his/her designee (“Presiding Judge”), Attorney will be
paid enhanced compensation at the rate of $40.00 per hour for extraordinary cases
that because of the complexity of facts, legal issues or proceedings, create
significant additional work for Attorney. The filing of an appeal or a complaint

(08/31/21)

3.2

3.3

for Special Action will not, by itself, support a decision to approve additional fee
compensation.

Costs. Attorney will pay all costs and expenses incurred in the representation of
Defendants, except as otherwise expressly provided in this Agreement. Costs for
which the Attorney is responsible include, but are not limited to, office rent,
telephone, computer, expenses related to the maintenance and operation of an
office, transportation, photographs, photocopies, secretarial services, law clerks,
transcripts (other than appeal transcripts), depositions and preparation of reports
required by this Agreement.

Court Costs and Third-Party Fees. The Court will pay costs of interpreters and
appellate transcripts. Subject to prior motion and approval, the Court may agree
to pay reasonable compensation for other necessary support services such as
expert witnesses, investigators, out of court interpreters, and blood samples, when
a finding is made by a judge or judge pro-tem of the Court that such services are
indispensable to the interests of justice.

Services. Attorney will provide legal representation to Defendants when appointed to do
so by a judge or judge pro-tem of the Court.

4.1

4.2

4.3

44

Quality of Representation. Attorney will conduct the defense of assigned
Defendants diligently and professionally, consistent with standards set forth in the
Arizona Rules of Professional Conduct and case law defining the duties of defense
counsel in criminal cases.

State Bar of Arizona Membership. Attorney must at all times remain an active
member in good standing with the State Bar of Arizona (the “Bar”). Attorney must
immediately inform the Court Administrator of any changes in Attorney’s active
membership status and of any adverse Bar rulings. Failure to maintain
membership status and/or failure to promptly apprise the Court Administrator of
changes may result in the immediate termination of this Agreement.

Availability. Attorney will maintain an office, or make arrangements to use an
office, that is located within a 30-mile radius of the Court, to meet with Defendants,
to accept telephone calls and to take messages during regular business hours.

Caseload. No more than 200 cases, excluding jail court and treatment court
matters, will be assigned to Attorney during the initial term of this Agreement,
except at the request of Attorney and with written permission of the Court
Administrator. No more than 200 cases, excluding jail court and treatment court
matters, will be assigned to Attorney during anyone-year extensions of this
Agreement, except at the request of Attorney and with written permission of the
Court Administrator. If Attorney is appointed to represent a Defendant who has
more than one court case pending, Attorney will be credited with one appointment
for each additional court case associated with each Defendant.

a. Ethical Limitations. Attorney agrees not to accept representation of clients,
other than Defendants represented pursuant to this Agreement, to the

2
(08/31/21)

extent that such representation would increase the caseload beyond the
guidelines set forth in National Legal Aid and Defender Association, American
Council of Chief Defenders, Statement on Caseloads and Workloads, Resolution
(August 24, 2007). On cases that Attorney views as unusually complicated,
Attorney may make written requests to the Presiding Judge, requesting
said case to be counted as more than one case toward Attorney’s 200
caseload limit. Final determination will be made by the Presiding Judge.
At no time shall Attorney’s private practice caseload reach such a level,
during his or her service as Public Defender, so as to jeopardize Attorney’s
ability to complete the 200 court cases specified in this Agreement. Jail
Court and Treatment Court public defenders are acting more as advisory
attorneys as opposed to full representation of a trial court public defender.
Any case that proceeds past the jail court stage will be assigned to a regular
trial court public defender. Therefore, the case limits referred to above are
for representation that continues pas the jail court stage.

Review of Caseload. To ensure effective representation of Defendants,
Attorney will review the assigned caseload quarterly during the Term of
this Agreement. The ABA standards and the guidelines set forth in
National Legal Aid and Defender Association, American Council of Chief
Defenders, Statement on Caseloads and Workloads (August 24, 2007) will be
employed, and Attorney will consider the number and complexity of cases
assigned during the quarter, the amount of time spent on those cases and
Attorney's capability to handle the caseload assigned. Additionally,
Attorney must provide a caseload report to the Presiding Judge on a
quarterly basis stating the number of completed cases and the number of
open cases for that quarter. The caseload report must be submitted to the
Presiding Judge no later than April 10th, July 10th, October 10th, and
January 10th of each year. The caseload report will be compiled in
spreadsheet format and submitted electronically to the Presiding Judge.

Change in Defendant's Financial Circumstances. If Attorney becomes
aware of a material change in financial circumstances of any assigned
Defendant, Attorney must notify the Court. If Attorney requests a re-
determination of the indigence of any Defendant that Attorney represents,
and if the Court makes a determination of non-indigence of such
Defendant and allows Attorney to withdraw, Attorney agrees he or she
will not represent that Defendant in that case for a fee.

Suspension of Appointments. Should Attorney experience a caseload that
prevents Attorney from giving effective assistance of counsel to each
Defendant, Attorney must file a motion requesting the Presiding Judge for
a suspension of further appointments until such congestion clears. Notice
of any motion filed pursuant to this provision must be given to the
Glendale City Prosecutor.

(08/31/21)

4.5

(1)

(2)

(4)

Appearances.

Hearing to Suspend Appointments. The Presiding Judge, upon
receipt of a motion filed pursuant to this section, will set it for
hearing not later than five days from its receipt. Should the
Presiding Judge find at such hearing that the indigent caseload is
excessive and is adversely interfering with the Attorney’s ability to
give effective legal assistance, the Presiding Judge may suspend
further appointments to Attorney for a period not to exceed 30
days, when such suspension is deemed necessary in the interest of
justice. During any suspension imposed under this section, the
Presiding Judge will appoint such additional private counsel as
may be necessary to represent Defendants and will compensate
such private counsel for services rendered.

Reporting. During any period of suspension of appointments
granted or imposed by the Presiding Judge, the Attorney must
notify the Presiding Judge in writing every Monday (or Tuesday if
Monday is a legal holiday) as to the status of the caseload and
congestion. The Attorney must notify the Presiding Judge
immediately when the congestion that was the basis upon which
the suspension was imposed has been relieved sufficiently to
permit reinstatement of the regular appointment procedure.

Hearing to Terminate Suspension. At the expiration of any
suspension period ordered by the Presiding Judge, or earlier if so
notified by Attorney, the Presiding Judge will set and conduct a
hearing for the purpose of determining whether such suspension
should be lifted or if a further suspension of appointments not to
exceed 30 days should be granted.

Continued Representation. Suspension of appointments under this
section affects only the appointment of new Defendants to Attorney
and in no way releases either party from other duties or obligations
pursuant to this Agreement, or Attorney from obligations to
Defendants already assigned to Attorney.

Attorney must appear personally for Defendants whom they

represent in all matters set in the Court, including but not limited to motions;
evidentiary hearings; oral arguments; court sessions; appeals and special actions
unless the personal appearance by the Attorney is excused by a judge or judge pro-
tem before whom the matter is to be heard or decided.

a. Jail Court.

Attorney must appear personally to represent Jail Court defendants

as assigned. Jail Court defendants will not be counted toward the maximum
200 cases annually assigned to Attorney because services are not provided past
the jail court phase. No trial preparation is required.

b. Treatment Court. Attorney will appear personally to represent defendants in
the Court’s Treatment Court Program as assigned. Treatment Court

4
(08/31/21)

4.6

4.7

48

49

4.10

defendants are not counted toward the maximum 200 cases annually assigned
to Attorney because services are not provided past the jail court phase. No
trial preparation is required.

c. Association of Counsel. Attorney must provide for substitution of counsel
when Attorney is unable for any reason to appear in Court. Substitute counsel
shall not be used routinely and in no event no more often than in
approximately 20% of all court appearances in cases assigned to Attorney.
Attorney must provide names, addresses and telephone numbers of substitute
counsel who will be responsible to the same effect and extent as Attorney for
performance of the services contemplated and enunciated in this Agreement.
It will be the responsibility of the Attorney to compensate any substitute
counsel under this paragraph of this Agreement. Substitute counsel will not
be offered as a substitute or employed in the performance of this Agreement
without the written consent of the Presiding Judge, which consent may be
withdrawn at the Presiding Judge’s discretion. The names of all attorney(s)
who may be employed as substitute counsel in the performance of this
Agreement, including those offered as substitute counsel, must be on file with
the Presiding Judge during the Term of this Agreement. Substitute counsel
will not conduct any jury trial or bench trial unless, pursuant to Rule 6.3,
Arizona Rules of Criminal Procedure, a motion for substitution of attorney is
granted by the Court.

Defendant Contact. Attorney must provide personal consultation with
Defendants prior to pretrial disposition conferences unless extraordinary
circumstances prevent such a meeting. Attorney must use reasonable diligence in
maintaining personal contact with each Defendant until the Defendant's case or
cases are terminated and will use reasonable diligence in notifying Defendants of
official court action resulting from Defendant’s nonappearance at scheduled court
sessions.

General and Appellate Court Representation. Attorney must appear in courts of
general and appellate jurisdiction on behalf of Defendants when it is necessary
and appropriate to do so, including but not limited to appearance for purposes of
appeal or special action.

Precedence of Cases. Attorney agrees that court settings in the Court will take
precedence over civil cases and all other criminal cases in other courts that do not
have precedence as provided by the Arizona Rules of Criminal Procedure. °

Defendant Conflicts. In the event a case involves two or more Defendants, the
Court will appoint such additional counsel as is necessary to avoid a conflict of
interest, the appearance of impropriety or as otherwise required in the interest of
justice.

Non-exclusivity. The Attorney acknowledges and agrees that this Agreement to
accept court appointments and provide legal services to Defendants is non-
exclusive and the City may enter into other similar agreements with other private

5
(08/31/21)

411

attorneys as may be deemed reasonably necessary to provide legal services to
criminal Defendants.

Reports, Auditing and Evaluation. Attorney must maintain current case logs,
disposition records, time sheets, and provide written reports containing sufficient
and pertinent information requested and required by the Presiding Judge for the
purpose of audit and evaluation of Attorney under this Agreement. Monthly
statistical reports must be submitted on forms approved by the Court and must
accompany monthly invoices. The Presiding Judge and the Agreement
Administrator reserves the right to revise the information required on the format
of the monthly statistical form at any time. Any such revision will operate
prospectively. Failure to provide accurate and timely statistics may result in the
City withholding payment to the Attorney until Attorney complies with reporting
requirements.

Termination.

5.1

5.2

5.3

5.4

By City. This Agreement may be terminated by the City, without cause and for
convenience, by a 30-day written notice of termination. In the event of termination
for convenience, City’s sole obligation to Attorney will be to pay the fees incurred
for services performed as of the date of termination, except as provided below.

By Attorney. Attorney may terminate this Agreement upon a 60-day written
notice of termination to the Presiding Judge or the Court Administrator.

For Cause. The City may also terminate this Agreement without notice for cause.
Any of the following may constitute an event of default by Attorney which may
constitute cause and entitle the City to terminate this Agreement immediately
without notice for: (a) failure to comply with any of the terms and conditions of
this Agreement, including but not limited to, all the reporting requirements in this
Agreement; (b) unsatisfactory performance in the opinion of the Agreement
Administrator or judges; (c) failure to maintain malpractice insurance; (d) failure
to abide by current rules of professional ethics; (e) performance that falls below
the guidelines set by the Arizona Supreme Court for legal services; (f) suspension
or disbarment by the Arizona Supreme Court; and (g) failure to provide the City,
upon request, reasonable assurances of future performance. In the event of
termination for cause, the City will not be liable to Attorney for any damages
sustained by reason of the default which gave rise to the termination, and the
Attorney will be liable to the City for any and all damages sustained by the City
by reason of the default which gave rise to the termination.

Conflicts of Interest. This Agreement is subject to the provisions of A.R.S. § 38-
511. It may be canceled by the City, without penalty or further obligation, if any
person significantly involved in initiating, negotiating, securing, drafting or
creating this Agreement on behalf of the City is, at any time while this Agreement,
or any extension, is in effect, Attorney’s employee, agent or consultant, or
consultant to the City with respect to the subject of this Agreement.

(08/31/21)

5.5 Funds Appropriation Contingency. If funds are not appropriated by the City
Council for payment of charges hereunder, the City may terminate this

Agreement.

Insurance. Attorney will provide the Court Administrator a certificate of insurance for
malpractice coverage in an amount not less than $100,000/$300,000 within ten days of
award. The deductible will be displayed on the certificate. The Court Administrator may
require a financial statement so as to evidence the ability of the Attorney to fund the
deductible. Insurance must remain in force during the Term of this Agreement. In the
event the Attorney’s insurance is terminated, Attorney must immediately notify the Court
Administrator and this Agreement may be terminated. Insurance coverage must be
written through a carrier possessing an A.M. Best rating of not less than A-.

General Conditions.

7.1 Modification of Agreement. This Agreement will be deemed modified to comply
with any subsequent changes regarding indigent representation imposed by case
law or rules promulgated by the Arizona Supreme Court.

7.2 Indemnification. Attorney will defend, indemnify, and hold harmless the City and
any of its departments, agents, officers, and employees from all damages, claims,
or liabilities and expenses, including attorney fees, arising out of or resulting from
the performance of professional services under this Agreement and caused by any
error, omission or negligent act of the Attorney, or anyone for whose acts the
Attorney is legally liable.

7.3 Waiver of Liens. Attorney expressly waives any and all Attorney’s liens that may
arise in the course of performance under this Agreement.

7.4 Independent Contractor. The relationship created herein between Attorney and
the City will be solely that of independent contractor, and nothing contained
herein may be construed to create a relationship of principal/agent,
employer/employee, partnership, joint venture, or any relationship of any kind
other than independent contractor.

7.5 Integration. Except as stated herein, this Agreement constitutes the entire
understanding of the parties and no representation or agreements, oral or written,
made prior to this execution will vary or modify the terms herein.

7.6 Governing Law. This Agreement will be governed and interpreted according to
the laws of the State of Arizona.

7.7. Amendments. Any amendment or modification of the terms of this Agreement
must be in writing and signed by the parties.

78 Assignment. Services covered by this Agreement will not be assigned in whole or
in part, except as necessary to provide for substitution of counsel as required
herein.

7.9 Time of the Essence. Time is of the essence with respect to fulfillment of all
obligations set forth herein.

(08/31/21)

7.10

7.11

7.12

Public Record. Attorney is hereby informed that this Agreement is a public record
and is subject to full disclosure under Arizona law.

Agreement Administrator. The Agreement Administrator for the City will be the
Presiding Judge or his/her designee. The Agreement Administrator will oversee
performance of this Agreement, audit billings, and approve payments. The
Attorney will submit reports, notices, requests, and other correspondence to the
Agreement Administrator.

Immigration Law Compliance.

a.

Attorney, and on behalf of any substitute attorney, warrants, to the extent
applicable under A.R.S. § 41-4401, compliance with all federal immigration
laws and regulations that relate to their employees as well as compliance
with A.R.S. § 23-214(A) which requires registration and participation with
the E-Verify Program.

Any breach of warranty under this section is considered a material breach
of this Agreement and is subject to penalties up to and including
termination of this Agreement.

City retains the legal right to inspect the papers of any Attorney or
substitute attorney who performs work under this Agreement to ensure
that the Attorney or any substitute attorney is compliant with the warranty
under this section.

City may conduct random inspections, and upon request of City, Attorney
shall provide copies of papers and records of Attorney demonstrating
continued compliance with the warranty under this section. Attorney
agrees to keep papers and records available for inspection by the City
during normal business hours and will cooperate with City in exercise of
its statutory duties and not deny access to its business premises or
applicable papers or records for the purposes of enforcement of this
section.

Attorney agrees to incorporate into any subcontracts under this Agreement
the same obligations imposed upon Attorney and expressly accrue those
obligations directly to the benefit of the City. Attorney also agrees to
require any substitute attorney to incorporate into each of its own
subcontracts under this Agreement the same obligations above and
expressly accrue those obligations to the benefit of the City.

Attorney’s warranty and obligations under this section to the City is
continuing throughout the Term of this Agreement or until such time as
the City determines, in its sole discretion, that Arizona law has been
modified in that compliance with this section is no longer a requirement.

(08/31/21)

7.13

7.14

g. The “E-Verify Program” above means the employment verification
program administered by the United States Department of Homeland
Security, the Social Security Administration, or any successor program.

Foreign Prohibitions. Attorney certifies under A.R.S. §§ 35-391 et seq. and 35-393
et seq., that it does not have, and during the Term of this Agreement will not have,
“scrutinized” business operations, as defined in the preceding statutes, in the
countries of Sudan or Iran.

Non-discrimination. Contractor must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any
disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.

8. No Boycott of Israel. The Parties agree that they are not currently engaged in and agree
that for the duration of the Agreement they will not engage in, a boycott of Israel, as that
term is defined in A.R.S. §35-393.

ATTEST:

ATTO Y:

DeshRSé Tucker

Aftorney at Law

Presiding City Judge

City Clerk

(SEAL)

APPROVED AS TO FORM:

City Attorney

(08/31/21)