CONTRACT FOR LEGAL SERVICES TO CRIMINAL
DEFENDANTS WITH MENTAL HEALTH CONDITIONS
This Contract is made by and between Limestone County, Texas (“County”) and ______, State Bar No. ______(“Attorney”) on the _____ day of ______, 20____.
WHEREAS, as the result of a grant program funded by the State of Texas, and administered by the Task Force on Indigent Defense, the County is authorized to contract with qualified attorneys to provide representation for indigent criminal defendants with mental health conditions- “Mental Health Conditions” meaning mental illness, mental retardation and/or developmental disabilities, and
WHEREAS, under said program, selected attorneys must meet certain requirements, and must be under contract with the County.
NOW, THEREFORE, the parties agree as follows:
1.Term. The term of this Contract shall be for one (1) year, beginning on November 1, 2005, unless sooner terminated as set forth herein. The parties may renew this Agreement for an additional term of one year by mutual agreement in writing, subject to approval of the majority of the district and county judges for the counties served.
2.Compensation. Attorney will receive the sum of $2,000.00 per month, for a total of $24,000.00 per year (unless the Contract is terminated sooner).
3.Case Load. Attorney may handle up to a maximum of 36 cases per year. If the total volume of cases requires that Attorney be appointed to handle more than 36 cases a year, Attorney will be compensated for work on such extra cases at the rate of one and one-half times the normal rate for indigent defense cases in each respective county, or the reasonable fee that the presiding judge finds by order to be appropriate. In these cases, the Attorney must present a form listing the time spent on each case, together with the activities for which the time was incurred, to the presiding judge for approval.
4.Expense Reimbursement. Attorney may receive reimbursement for reasonable and necessary expenses, including expenses for investigation, and for mental health and other experts, consistent with Texas Code of Criminal Procedure art. 26.05(d), and travel outside of Freestone, Leon and LimestoneCounties, separate from the Attorney’s compensation. Travel expenses (mileage, etc.), are eligible for reimbursement in accordance with LimestoneCounty’s policy on travel reimbursement for employees. Allexpenses to be reimbursed must be itemized in writing, supported by invoices and /or vouchers, and submitted to the presiding judge for approval.
5.Independent Contractor. Attorney is not an employee of the County, and is, at most, an independent contractor, who shall complete the requirements of this Contract by Attorney’s own means and methods of work, and in accordance with the Attorney’s professional legal judgment, which shall be in the exclusive charge and control of the Attorney, and is not subject to control or supervision of the County or any judge, except as specified in this Contract. THE DEFENDANT IS YOUR CLIENT – NOT THE COUNTY. YOU MUST PROVIDE COMPETENT, ZEALOUS LEGAL SERVICES TO EACH CLIENT IN ACCORDANCE WITH YOUR RESPONSIBILITIES UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT AND THE TEXAS CODE OF CRIMINAL PROCEDURE.
6.Standard of Performance.
(a)Attorney shall provide competent, zealous legal services to each client in accordance with the Attorney’s responsibilities under the Texas Disciplinary Rules of Professional Conduct ant the Texas Code of Criminal Procedure.
(b)Attorney shall ensure continuity of representation of the client unless relieved or replaced in accordance with art. 26.04(j)(2) of the Texas Code of Criminal Procedure.
(c)Attorney shall not assign, subcontract or delegate any part of the services to be provided by the Attorney under this Contract.
(d)Attorney must submit a monthly progress report to be approved by the Limestone County Judge prior to any payment being made under this Contract, in accordance with art. 26.05 of the Texas Code of Criminal Procedure. The report must include the number of cases disposed of in the previous month, the number of cases currently open and assigned by the courts, and the number of caseworker contacts made. The CountyJudge may require other information which is necessary and relevant, and may confer with the presiding judge on any case.
(e)The Attorney must contract with a licensed caseworker (licensed professional counselor, licensed social worker, or other licensed professional capable of working with MHMR clients), who will assist the Attorney in preparing an appropriate defense for the client, and assist the client in interfacing with appropriate community services available to special-needs defendants so that they may get support or treatment for their conditions. Attorney must submit a copy of each contract he/she enters into with a caseworker to the Limestone County Judge’s Office.
(f)Attorney must maintain the minimum qualifications to practice law in the state of Texas, and must immediately inform the CountyJudge of any change in the status of the Attorney’s licensure. The Attorney must provide the County with proof of licensure in good standing upon request. The Attorney must have practiced at least five (5) years, and have handled at least ten (10) cases involving clients with mental health issues.
(g)Attorney must submit a written report on each case handled. Forms for such reporting will be provided to the Attorney which will include:
- Name of the attorney;
- Name of client
- Charges against client
- Dates and times of personal, verbal and written contact with client concerning his/her case(s);
- Dates and times of caseworker’s contacts with client;
- Community resources and services used;
- Experts consulted and expert witnesses used; and
- Disposition of the case.
(h)Attorney must report to the program director the number of continuing legal education hours completed, any mental health-specific training received, and any mental health-specific training completed by a contracted caseworker. Attorney must attend at least one continuing education seminar on mental health/mental retardation or related issues within the term of the Contract.
(i)Attorney must provide quality, effective legal assistance and representation to clients to whom Attorney is assigned. The need for care and diligence is increased by the mental health conditions with which the clients must contend.
7.Termination. This Contract may be terminated by the County for good cause, with the approval of the majority of the County and District Judges serving Limestone, Leon, and FreestoneCounties. If a reason for termination is found to exist by any of the judges or the program director, written notice will be given to Attorney, and a private meeting will be held with the Attorney and judges present to discuss the relevant issues, and, thereafter, the judges will vote on the termination of Attorney’s contract.
8.Administration. The program director will be the person assigned by the County. Attorneys will be assigned cases through the Limestone County Judge’s Office, which is administering the program. The Limestone County Judge’s Office will provide oversight and monitoring to assure that Attorney performs as required under this Contract. Nothing herein shall be interpreted as creating a right or remedy against the County or the Limestone County Judge’s Office on the part of any person.
9.Disputes. Venue of any proceeding arising under or with regard to this Contract shall be in a court of competent jurisdiction in LimestoneCounty.
10.Additional Terms and Conditions.
10.1This Agreement is grant funded, and may not be renewed.
10.2The cases to be handled under this Agreement shall be non-capital cases. The appointments hereunder shall not include appeals. The appointments hereunder mayinclude juvenile cases.
10.3Attorney will be responsible for two different levels of cases:
Level One. Defendant actually being served by MHMR. These cases will be taken as a first priority. This will necessitate that the Attorney keep in contact with the MHMR caseworker assigned to the defendant. This may include defendants who are severely impaired mentally because of substance abuse.
Level Two. Defendants with documented mental health disorders, including those arising from substance abuse, who are not being served by MHMR. This may include persons diagnosed with some level of mental incapacity. These cases will be second in priority to Level One cases.
10.4Attorney will do all things necessary or required to facilitate the County’s compliance with the Required Conditions and Reports of the grant.
10.5A determination that Attorney has given false information in the materials submitted to the County in response to the Request for Qualifications will be grounds for immediate cancellation of this Agreement under the procedures set forth above.
10.6.Falsification of any report, invoice, billing documentation or other submission by the Attorney will be grounds for immediate cancellation of this Agreement under the procedures set forth above. In addition, such could subject the Attorney to both professional discipline and criminal prosecution. Therefore, it is very important that submissions be thorough and truthful.
ATTORNEY:COUNTY:
______
______COUNTYJUDGE
Printed Name
Date:______Date:______
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