3-Attachment B SOW RegionalManagingDefender.docx

Attachment B: Scope of Work Southern Utah Regional Managing Defender

1.Introduction Created by the Utah legislature in 2016, the Utah Indigent Defense Commission (IDC) protects constitutionally guaranteed liberties through ongoing support for effective indigent defense services throughout the state. The administrative and programmatic functions of the commission are carried out by the Office of Indigent Defense Services (Office). The Office may create and enter into contracts to provide indigent defense services and to accomplish the duties of the office (Utah Code Subsection 78B-22-452).

2.Background Through its grant program, the Office has established a network of Managing Defenders throughout the state. A Managing Defender is an attorney who is responsible for administrative and supervisory duties in one or more indigent defense systems. A Managing Defender acts as a liaison between the indigent defense providers and stakeholders to advocate for the interests of the attorneys and the clients they represent; develops procedures and structures to ensure accountability for public defense to local government officials, clients, and funding entities; and provides oversight and support for the indigent defense providers in the system.

Initially, most Managing Defenders carried out their administrative duties in addition to representing indigent clients within the system they managed. However, over time it has become clear that having both management duties while maintaining a busy caseload is not ideal because the demands of providing direct client representation often impair the time needed to conduct managerial duties. With that in mind, the commission included in its 2023-2028 strategic plan the goal of having Managing Defender positions be full time, eliminating or reducing their caseloads. To that end, the Office is seeking to create a Southern Utah Regional Managing Defender position.

3.Scope of Work.

The Office is seeking to create and enter into a contract with a contractor, to act as the Regional Managing Defender for Sanpete, Sevier, Wayne, and Grand Counties. The Regional Managing Defender’s duties include, but are not limited to:

· Ensures all indigent defense services in Counties are provided in accordance with the requirements of State and Federal Constitutions, State and Federal Law, the Indigent Defense Commission’s Core Principles, Utah State Bar’s ethical rules, and rules promulgated by the Utah Supreme Court and Judicial Council.

· Conducts regular courtroom observation of supervised attorneys.

· Receives client complaints, addresses ongoing issues with attorneys when necessary.

· Evaluates attorneys’ performance at least annually and provides feedback and mentoring.

· Reviews and approves the budget and all payment requests related to the provision of indigent defense services in Counties.

· Coordinates the planning, development, preparation, monitoring, and reporting of the annual public defense budget for the Counties, including contract attorney compensation, expert witness fees, investigation fees, trial expenses, etc.,

· Reports regularly to the County Commissions.

· Reports to the Office on compliance with the IDC’s core principles.

· Monitors and coordinates assignments of cases to contracted attorneys, accounting for caseload, attorney experience, travel requirements, conflicts of interest, and case complexity.

· Manages and approves the use of defender resources by contracted attorneys.

· Meets with the court, county commissions, city governments, the Office, and contracted attorneys as necessary to coordinate efforts and identify and implement court and system efficiencies.

· Drafts RFPs/RFQs or contract addendums and advises the counties and cities in contract negotiations for indigent defense service providers.

· Assure contracted attorneys are licensed and in good standing with the Utah State Bar and possess the requisite qualifications to provide constitutionally effective legal representation and assistance of counsel in assigned cases.

· Responsible for the continuous oversight and implementation of improvements to indigent defense services as needed.

· Coordinates with the Office on grant awards and reporting for counties

4.Requirements The contractor will be an attorney licensed in the State of Utah and in good standing with the Utah State Bar. They will have a minimum of five years’ experience in representing indigent clients and will have a minimum of two years’ experience supervising indigent defense service providers.

5.Compliance Contractor must maintain an active license and remain in good standing with the Utah State Bar at all times during the period of the contract.

Contractor may not be currently, or prospectively a party to any litigation which would place a Contractor’s licensing or standing with the Utah State Bar in question.

Contractor must abide by all federal state and local laws, the Canons of Ethics adopted by the Utah State Bar, the Rules of Professional Conduct, and the Rules of Civility, as adopted and modified by the Utah Supreme Court, in the performance of the duties under this Agreement.

6. Deliverables Effective supervision of indigent service providers, regular outreach to local government officials, and timely completion of administrative tasks.

7.Timeline The term of the contract is three years, with an option to extend it for an additional year.

8. Budget and Scope The contract is $80,000 per year, to be paid in monthly installments. Funding for the contract is subject to appropriations from the legislature. The scope of work, including requirements, may be modified based on legislative directives, and at the discretion of the Office.