Memorandum

City Attorney’s Office

City of Lawrence

TO:	David L. Corliss, City Manager
FROM:	Toni R. Wheeler, City Attorney
C:	Diane Stoddard, Cynthia Wagner and Casey Toomay Judge Scott Miller and Vicki Stanwix, Municipal Court
DATE:	December 4, 2012

Please place this memorandum on a city commission agenda for the Commission’s consideration. 

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.  On average, the court appoints counsel in approximately 450 cases per year. 

For many years, court appointments in municipal court were primarily handled by Douglas County Legal Aid.  In early 2012, Douglas County Legal Aid concluded that the volume of cases referred to them exceeded their capacity to provide service, particularly during the summer and winter breaks.  The City then contracted with local attorneys on a weekly rotating basis as a stopgap measure.   

In October 2012, the court issued a request for proposals to secure a permanent and efficient system for providing indigent legal defense services.  After reviewing the proposals received, Municipal Court Judge, Scott Miller, recommends the City accept the proposal from Fletcher, Rohrbaugh & Chahine.  This firm proposed to handle the entire court appointed caseload of the court at the rate of $78,000 per year, including appeals to the District Court.  If the caseload exceeds 450 by more than 10%, the contract rate will be adjusted proportionately to compensate the firm for the increased work.  The effective cost per case, based upon the anticipated average annual caseload, will be $173 a case.  As part of the contract with the City, the firm will be required to compensate attorneys hired by the firm to handle cases that Fletcher, Rohrbaugh & Chahine cannot handle due to conflicts of interest. The term of the contract will be two years.  The proposed contract contains standard provisions, including requiring proof of insurance. 

Mr. Hatem Chahine, a member of the recommended firm, served as court-appointed counsel after Douglas County Legal Aid informed the City earlier this year that it would no longer accept cases.  Mr. Chahine has demonstrated he has the skill, expertise, and knowledge to perform the work.  In his private practice, he has been representing indigent clients in municipal court for many years. 

Action Requested:  Authorize the City Manager to execute a contract with the law firm of Fletcher, Rohrbaugh & Chahine, in substantially the form of the attached contract, as recommended by Municipal Court Judge Scott Miller, to provide indigent defense services in municipal court.