Indigent Counsel
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
KANSAS LEGAL SERVICES
, for
LEGAL DEFENSE OF INDIGENT DEFENDANTS
This Agreement is made July ~2008 by and between the City of Salina, Kansas, (the
"City") and Kansas Legal Services, Inc. ("KLS") as a complete replacement for the current
Agreement between the parties dated April 1 , 2006 and the First Amendment thereto dated April 9,
2007 (collectively the "Prior Agreement") .
The parties agree as follows:
SECTION ONE
PURPOSE OF AGREEMENT
The City has established a three-person panel to provide legal defense services to defendants
deemed indigent by the Muru.cipal Judge. KLS shall designate two attorneys, subject to pre-approval
by the city manager, to serve as two of the panelists. The city retains KLS to defend and represent
indigent defendants in the Salina, Kansas, Municipal Court in cases which are filed and assigned on
a rotational basis during the term of the Agreement (the "Municipal Court Services"). KLS shal,l
also represent such defendants in any appeals from convictions in the Salina, Kansas, Municipal
Court so long as such defendants remain indigent and eligible for such services. KLS shall provide
representation in. all cases assigned until the case is concluded even if this requires representation
past the term of this Agreement. No additional compensation will be paid.
SECTION TWO
TERM OF AGREEMENT
Subject to the City's right to terminate this Agreement under Section Eight, the Prior
Agreement shall terminate and this Agreement shall commence effective August 1, 2008 for an
initial term ending December 31, 2008, and shall thereafter automatically renew on a calendar year
basis. Either party may (a) terminate this Agreement for any or no reason, to be effective as of the
end of the pending term, or (b) request specific revisions to this Agreement, to be effective upon the
commencement of the next renewal term, by providing written notice to the other party of either the
termination or the proposed revisions at least ninety days before the end of the pending term.
SECTION THREE
COMPENSATION FOR MUNICIPAL COURT SERVICES
The City shall payKLS the sum of three-thousand dollars ($3,000) per month for the
Municipal Court Services. As a condition precedent to being compensated each month, KLS shall
prepare and submit to the City a record of time spent on the appointed cases by the 15th of the
following month. The record of time spent shall include the following detail: time spent for each
activity, description of activity, and name of defendant associated with the activity
SECTION FOUR
COMPENSATION FOR APPEALS TO PI STRICT COURT
Should any appeals be perfected which would require KLS to represent a defendant to the
District Court, KLS shall be compensated at a rate of fifty dollars ($50.00) per hour, not to exceed a
total compensation of three-hundred dollars ($300.00) for bench trials or five-hundred dollars ($500)
for jury trials. .
SECTION FIVE
COMPENSATION FOR APPEALS BEYOND DISTRICT COURT
Should any appeals be perfected which would require KLS to represent a defendant beyond
, the District Court level, KLS shall contact the City Manager and the parties shall negotiate a separate
'."'{'fee agreement for such representation. KLS shall not be required to provide such representation on
appeal without additional compensation for its time and expenses.
SECTION SIX
DOCUMENT PREPARATION
Excluding journal entries, KLS shall prepare all necessary court orders in Court appointed
cases. The Municipal Court shall return certified and/or file stamped copies of alljoumal entries and
other orders in appointed cases to KLS without cost.
SECTION SEVEN
EXPENSES OF LITIGATION
,
KLS shall be responsible for the costs of representation or litigation incurred in the
representation of indigent defendant. Expenses such as long distance telephone bills, bulk copying,
transcripts, court reporters, language translation services and other similar expenses which from time
to time may be necessary to properly represent a client shall be the responsibility of the City. Prior to
incurring any expense greater than fifty dollars ($50.00), KLS shall seek approval of such
"expenditure from the City Manager. The City and the Salina Police Department shall not charge
KLS for copies of police reports or other similar documents which are .prepared for KLS in the
course of KLS' representation of indigent defendant.
SECTION EIGHT
ACCEPTANCE OF RESPONSIBILITY
KLS accepts the compensation arrangements outlined above and agrees to render competent
and professional services to the indigent defendants whose cases are assigned to KLS. The City
reserves the right to terminate this Agreement at any time and without further financial or other
obligation if KLS fails to provide competent and professional services.
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SECTION NINE
CONFLICTS OF INTEREST
KLS may decline to represent any defendant if the representation would constitute a conflict
of interest or would violate any code of ethics or professional responsibility governing KLS. In cases
of conflict of interest, Municipal Judge shall assign case to next panel attorney in rotation.
SECTION TEN
ACCOMMODATION OF ATTORNEY'S SCHEDULE BY COURT
So far as is possible without compromising the efficiency and orderly operation of the Court,
the Court shall scheduleKLS' appointed cases in a fashion which will allowKLS to represent its
appointed clients in an efficient manner. The determination of the schedule for calling cases shall
~;'always rest with the discretion of the Municipal Court Judge. The City Prosecutor's Office shall
expedite providing court-appointed counsel with pleadings and other documents to which counsel
are entitled.
SECTION ELEVEN
NOTICES
Notices provided for in this Agreement shall be sufficient if they are in writing and shall be
deemed given when sent by certified or registered mail to the respective address of each party, as
follQws:
CITY OF SALINA
Jason A. Gage
City Manager
300 W. Ash, P.O. Box 736
Salina, KS 67402-0736
KANSAS LEGAL SERVICES
Marilyn Harp
Executive Director
712 S. Kansas Avenue, Suite 200
Topeka, KS 66603
SECTION TWELVE
ASSIGNMENT
The terms of this Agreement are unique to KLS. Any rights or responsibilities hereunder
may not be assigned by KLS to any other person or firm without the prior written consent of the City.
EXECUTED as of the date and year first stated above by the duly authorized officers of the
parties hereto.
KANSAS LEGAL SERVICES, INC.
. 'VYl~ ~CAfO
Marilyn Harp, Executive Director
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