CITY COMMISSION AGENDA ITEM

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Department:

Lawrence Municipal Court

Commission Meeting Date:  02/21/2017

Staff Contact:

Vicki Stanwix, Court Manager

Recommendations/Options/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.

 

Executive Summary:

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 City entered into a contract with Fletcher, Rohrbaugh and Chahine (Contractor) to provide indigent legal defense services.  The City had issued a Request for Proposals (RFP) for the services, and this firm was selected.  In 2015, the contract was renewed for two additional years.  In the past two years, the law firm has handled over 1900 cases.

 

This contractor handles the entire court appointed caseload of the court, including appeals to the District Court. 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 prepares documents, motions, etc., using its own staff support and materials. 

 

The contractor is paid for the services rendered at a base annual rate of $78,000 per year, payable in twelve 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 11%, to $86,500.  Any increase in the contract price due to an increase in cases is payable with the January installment payment.  During the contract year of February 1, 2015 through January 31, 2016, the contractor handled 1027 cases for a total contract cost of $178,013. 

 

The Municipal Court and the firm of Fletcher, Rohrbaugh and Chahine have mutually agreed to renew the contract for indigent defense services for two additional years.  The contract terms remain the same.

Strategic Goal Area:

Public Safety/Other

Fiscal Impact (Amount/Source):

The base annual rate specified in the contract is $78,000 per year and this amount has been budgeted for 2017.  If the caseload exceeds the base contract price, a budget amendment will be needed to reflect actual expenditures.

Attachments:

Indigent Defense Services Contract

 

Reviewed By:

(for CMO use only)

TM

DS

CT

BM