Public Defender Agreement with Michael T. Westervelt

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From 1:  10/03/2023
CITY OF GLENDALE 
PUBLIC DEFENDER AGREEMENT 
This Public Defender Agreement (
) is made and entered into this first day of 
May 2024, 
Michael T. Westervelt 
 
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 indigent defendants
required by the United States Constitution, the Arizona Constitution, and the Rules of
Criminal Procedure for the State of Arizona; and
C.
Attorney is licensed to practice law in the State of Arizona, is a member in good standing
with the Arizona State Bar (the 
, 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 term of this Agreement shall be for the period of one year,
commencing May 1, 2024, and expiring on April 30, 2025 
.
2.
Renewal.  Not less than 30 days prior to the end of the Term, City may extend this
Agreement for up to three 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.  While this Agreement is in effect, the City will pay Attorney for all legal services
provided pursuant to this Agreement, at the rate of $65,004 per annum, payable monthly
at the rate of $5,417.  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 fifth 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 bill.
3.1 
Additional Fees.  At the sole discretion of and upon written approval of the
Presiding City Judge or his/her designee 
, 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

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for Special Action will not, by itself, support a decision to approve additional fee 
compensation. 
3.2 
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. 
3.3 
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 of the Court that such services are indispensable to 
the interests of justice. 
4.
Services.  Attorney will provide legal representation to Defendants when appointed to do
so by a judge of the Court.
4.1 
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.
4.2 
Arizona State Bar Membership.  Attorney must at all times remain an active 
member in good standing with the Arizona 
Bar
.  Attorney must 
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. 
4.3 
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. 
4.4 
Caseload.  No more than 300 cases will be assigned to Attorney during the Term 
of this Agreement, except at the request of Attorney and with written permission 
of the Court Administrator.  No more than 300 active cases will be assigned to 
Attorney during any one-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
extent that such representation would increase the caseload beyond the

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guidelines set forth in State of Arizona v. Joe U. Smith, 140 Ariz. 355, 681 P.2d 
1374 (1984).  On cases that Attorney views as unusually complicated, 
Attorney may make written requests to the Presiding Judge, requesting 
caseload limit.  Final determination will be made by the Presiding Judge.  
during his or her service as Public Defender, so as to jeopardize Attorney
ability under State v. Smith to complete the 300 court cases specified in this 
Agreement. 
b. 
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 State v. 
Smith 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 January 10th, April 10th, 
July 10th, and October 10th of each year.  The caseload report will be 
compiled in spreadsheet format and submitted electronically to the 
Presiding Judge. 
c. 
Change in Defendant
  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. 
d. 
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. 
(1) 
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 
give effective legal assistance, the Presiding Judge may suspend 
further appointments to Attorney for a period not to exceed 30

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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. 
(2) 
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. 
(3) 
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. 
(4) 
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. 
4.5 
Appearances.  Attorney must appear for Defendants whom they represent in all 
matters set in the Court, including but not limited to: pretrial dispositions; 
motions; evidentiary hearings; oral arguments; calendar calls; trials; sentencings; 
sentence reviews; orders to show cause hearings; revocation of probation 
proceedings; court sessions; appeals and special actions unless the personal 
appearance by the Attorney is excused by a judge before whom the matter is to be 
heard or decided. 
a. 
Jail Court.  Attorney must appear to represent Jail Court Defendants as 
assigned.   
b. 
Probation Revocation Proceedings.  Attorney must appear to advise 
Defendants in the Court Probation Revocation Proceedings docket as 
assigned.  Probation Revocation Proceedings will not be counted toward 
the maximum 300 cases annually assigned to Attorney. 
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 no more than in 20% of all court 
appearances in cases assigned to Attorney.  Attorney must provide names,

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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 
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. 
4.6 
Defendant Contact Attorney must be available to provide consultation 
opportunities with Defendants between scheduled Pretrial Conferences.  Attorney 
must use reasonable diligence in maintaining personal contact with each 
Defendant until the 
case or cases are terminated, and will use 
reasonable diligence in notifying Defendants of official court action resulting from 
Defendant nonappearance at scheduled court sessions. 
4.7 
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, special action, or Rule 11 hearings. 
4.8 
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. 
4.9 
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. 
4.10 
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 
attorneys as may be deemed reasonably necessary to provide legal services to 
criminal Defendants. 
4.11 
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

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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. 
4.12 
Continuing Representation.  It is understood by Attorney that the duty to 
represent an assigned Defendant continues until the case is terminated by 
dismissal, acquittal, sentencing, or satisfaction of appeal except that Attorney will 
be required to continue to represent Defendant for any restitution or other hearing 
set at the time of sentencing.  The date that a case is assigned to the Attorney will 
legal representation under this Agreement.  The obligation to provide legal 
representation in a case under this Agreement will continue until a case is closed 
regardless of the length of time necessary to complete the case after the Agreement 
is terminated.  In the event Attorn
if for any other reason it is terminated by either party to this Agreement, then 
Attorney remains obligated to provide legal representation and to report to the 
Court in all cases assigned until substitution of Counsel is effected and the 
 
5. 
Termination. 
5.1 
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 
will be to pay the fees incurred 
for services performed as of the date of termination, except as provided below. 
5.2 
By Attorney.  Attorney may terminate this Agreement upon a 60-day written 
notice of termination to the Presiding Judge or the Court Administrator. 
5.3 
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.

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5.4 
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, 
consultant to the City with respect to the subject of this Agreement. 
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. 
6. 
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 
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-. 
7. 
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.  
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.

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7.7 
Amendments.  Any amendment or modification of the terms of this Agreement 
must be in writing and signed by the parties. 
7.8 
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. 
7.10 
Public Record.  Attorney is hereby informed that this Agreement is a public record 
and is subject to full disclosure under Arizona law. 
7.11 
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. 
7.12 
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. 
b. 
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. 
c. 
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.  
d. 
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. 
e. 
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

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subcontracts under this Agreement the same obligations above and 
expressly accrue those obligations to the benefit of the City. 
f.
Attorney
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.
g.
-
program administered by the United States Department of Homeland
Security, the Social Security Administration, or any successor program.
7.13
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. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in and agree for the duration of
the Agreement to not engage in, a boycott of goods or services from Israel, as that term is
defined in A.R.S § 35-393.
ATTORNEY: 
______________________________________ 
Michael T. Westervelt 
Attorney at Law 
CITY OF GLENDALE: 
_____________________________________ 
Honorable Nicholas C. DiPiazza 
Presiding City Judge 
ATTEST: 
_________________________________ 
City Clerk
(SEAL) 
APPROVED AS TO FORM: 
_________________________________
City Attorney
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