• Andrews Terry Jeffers LLP is a local law firm that has provided public defense services to the City for indigent clients charged with misdemeanors for the past year.
• This contract secures the provision of these services from Andrews Terry Jeffers LLP for 3 years beginning January 1, 2024, with the option to extend the contract for two (2) additional one-year terms.
• The contract is based on a per-case fee of $450 in 2024, with stepped annual increases of $25 for the following two years (2025 and 2026). Based on an estimated 150 cases, the total annual value of the contract for 2024 is expected to be $67,500. If either or both of the option years are exercised, the City and contractor agree to negotiate further on whether any change in the contract amount is warranted.
• The total estimated cost value of the contract over five years is $380,000.

The City is constitutionally mandated to provide public defense services to all financially qualified persons who have been arrested or charged under any City ordinance which has a possible jail sentence. These services are provided through contracts with private attorneys.

On occasion, the Primary public defense firm may have a conflict of interest with a defendant and/or there are co-defendants for a particular case. On these occasions, the case will be referred to a Conflict public defense firm to provide the necessary legal defense services. The annual caseload for Conflict public defense firm has averaged approximately 150 cases per year over the past several years in Vancouver.

On November 15, 2023, the City received 1 proposal (from Andrews Terry Jeffers LLP) in response to RFP 69-23 for conflict public defense services. Staff negotiated with the firm to arrive at a mutually agreeable rate, which is presented here.

Over the past several years, the per-case fee for this contract has been approximately $350 -$375 per case. The $450 per case rate for this new contract with Andrews Terry Jeffers LLP remains within an acceptable price range for the services provided and reflects a cost adjustment on the City’s part to a.) account for the increased amount of time required for evidence review as a result of the Vancouver Police Department’s new body camera program; b.) to meet Standard One of Washington Defender Association Standards for Public Defense Services, which states that compensation and benefit levels should be comparable to those of attorneys and staff in prosecutorial offices in the area; and c.) to remain competitive with rates paid by the County and other jurisdictions for similar services in an environment where qualified public defenders are in short supply and high demand.

Therefore, City staff recommends approving this contract with Andrews Terry Jeffers LLP under the terms set forth in the proposed agreement.

1. Approving this new contract with Andrews Terry Jeffers LLP, the current service provider for this position, provides a seamless continuation of legally required public defense services for Vancouver’s indigent defendants.
2. Increasing the rates paid as outlined in this contract enables the City to continue meeting State standards and remain competitive with other potential local employers in an environment where qualified public defense attorneys are in short supply.