PORT TOWNSEND — After requesting bids for public defender services, Jefferson County awarded the contract to the law firm that has provided the services since 2005.
“Of the four firms who submitted a bid, we are recommending that the commissioners renew the contract with Jefferson Associated Counsel,” said County Administrator Philip Morley at Monday’s meeting of the county commissioners.
The three-year contract is expected to be ratified March 1 and will provide indigent legal services in District, Superior and Juvenile courts.
The contract will pay $408,453 in 2011, $505,851 in 2012 and $526,788 in 2013.
The contract for 2010 was $405,000 per year and was based on the firm defending 400 Superior Court and 800 District Court cases per year.
In 2010, the firm took on 371 cases in Superior Court and 971 cases in District Court.
For the new contract, the caseload is being calculated with a point system that weighs cases differently but is based on the actual 2010 caseload.
Jefferson Associated Counsel, which is headed by attorney Richard Davies, employs five attorneys and one investigator and was formed in 2005 when Davies was first awarded the public defender contract.
Morley said the presence of an investigator on staff worked in its favor.
“Its hard to have a good defense if you don’t have the information to fight for your side,” Morley said.
“Having an in-house investigator is an important part of providing a good defense.”
Other firms bidding to provide the service were Harrison Law; Montoya, Thompson and Lewis; and Haas & Ramirez.
On Feb. 3 a committee consisting of Morley, District Court Administrator Tracie Wilburn, Juvenile Guardian Ad Litem Paula Martin, Superior Court Administrator Michelle Moore and Human Resource Manager Lorna Delaney examined the bids and assigned a point value to different aspects of each firm.
During this process, the respective firms’ qualifications and abilities were given point values, along with each one’s proposed price for services.
Out of a possible 100 points, Jefferson Associated Counsel scored 88 points, with the second place firm earning 72 points.
Also during the process the firms were asked to bid separately for District Court and Superior Court/juvenile services, and found the county could save about $20,000 if the contracts were awarded separately.
The county chose to not exercise that option, according to Morley.
“This is such an important constitutional right and it didn’t make sense to divide it to get such limited and speculative savings since the difference between the front running and runner up firm were not that significant,” he said.
While the contract amount is $408,453, the entire cost will be closer to $500,000 when conflict resolution and other costs are included.
If there are two defendants in the same case, one firm cannot handle both and another firm will need to be retained in those cases, Morley said.
Commissioner David Sullivan commended the awarding of the bid because Jefferson Associated Counsel had operated in the system for several years and knows how it works.
“We don’t get involved in the courts in keeping with the separation of powers,” Sullivan said.
“It’s the absence of complaints that strikes me, I don’t hear about a lot of problems but I hear positive things about the quality of the defense we have been providing.”
Davies said that he appreciated Sullivan’s comments, which demonstrated the abilities of his firm.
“We have a record of being able to save the county money while providing the services to get the job done,” Davies said.
“The odd part about being a public defender is that I am paid by the county but my loyalty is to my clients.”
Davies said the awarding of the bid proved that his firm was the best qualified but the process was still “anxiety provoking.
“We had a number of employees who were doing good jobs for years and years and years, but those jobs were on the line,” he said.
Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or charlie.bermant@peninsuladailynews.com.
