Memorandum

City of Lawrence

City Attorney’s Office

TO:	Toni R. Wheeler, City Attorney
FROM:	Vicki Stanwix, Municipal Court Manager
DATE:	February 4, 2015
CC:	Judge Scott Miller
RE:	Indigent Defendants’ Legal Representation

Background

In Municipal Court, the City has an obligation to provide indigent defendants with legal representation if the penalty for conviction of the offense carries with it the possibility of imprisonment. Court-appointed counsel representation applies to appeals as well.

In January, 2013, the municipal court entered into a contract with Fletcher, Rohrbaugh and Chahine to provide indigent legal defense services.  The City had issued a Request for Proposals (RFP) for the services, and this firm was selected.  This contractor handles the entire court appointed caseload of the court, including appeals to the District Court.  Since this time, the law firm has successfully handled over 1800 cases.

Representation includes preliminary eligibility screening for court appointed attorney services, although the court reserves the right to make a final determination of eligibility.  The contractor represents the referred defendants from the date of referral to final disposition, including any appeals that may be taken, even if such representation continues beyond termination of the agreement.  The contractor prepares documents, motions, etc., using its own staff support and materials.  The City is not responsible for expenses of any kind.

The contractor is paid for the services rendered at a base annual rate of $78,000 per year, payable in 12 monthly payments of $6500 per month.  The base number of cases under the contract is 450 cases.  In the event the number of cases exceeds 495 per year, the contract price is adjusted upwards in direct proportion to the contract price.  As an example, if the contractor provides representation in 500 cases, the contract price is increased by eleven percent (11%), to $86,500.  Any increase in the contract price due to an increase in cases is payable with the January installment payment.

The Municipal Court and the firm of Fletcher Rohrbaugh and Chahine have mutually agreed to renew the contract for indigent defense services for two (2) additional years.  The contract terms remain the same with two (2) minor additions.  With regard to probation revocation matters, in the event that the same motion to revoke probation is filed in common with multiple matters and resulting in a common resolution, then this event will count as one case for purposes of tallying the total number of cases.  Secondly, when conflicts arise and alternate counsel is needed, Fletcher, Rohrbaugh and Chahine will have an ongoing case referral relationship with the Kansas University Law Clinic so that students may represent referred clients under the guidance of qualified staff. 

Action Requested

Authorize the City Manager to execute a contract with the law firm of Fletcher, Rohrbaugh & Chahine to continue indigent defense services in municipal court for an additional two years.