• Vancouver Defenders is a local law firm that has provided public defense services to the City for indigent clients charged with misdemeanors since 2007.
• This contract secures the continued provision of these services from Vancouver Defenders for five years beginning January 1, 2024.
• Due to the high annual caseload for this position, the contract is based on the staff required to service the expected volume of work. Expenses include ten attorneys (at $154,500 per attorney), two investigators (at $63,469 per investigator), and one part-time social worker ($30,000) for a total fee of $1.7M in 2024. Rates will increase for each subsequent year of the five-year contract according to the U.S. Consumer Price Index (CPI).
• The total estimated cost of the contract over five years is $9.1M.

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.

The Primary public defense firm is the main provider of these services for indigent defendants, handling between 3,000 to 4,200 cases per year. Vancouver Defenders has been a longstanding and reliable service provider for the City, having served the City in this capacity since 2007.

On November 15, 2023, the City received one proposal (from Vancouver Defenders) in response to RFP 68-23 for Primary public defense services.

The $1.7M annual cost for this new contract with Vancouver Defenders remains within an acceptable price range for the services provided and reflects a cost adjustment on the City’s part to account for several factors:

1. The increased amount of time required for evidence review as a result of the Vancouver Police Department’s new body camera program.
2. The anticipated increase in case filings anticipated in 2024 due to an increase in the number of crimes likely to be charged relating to being unhoused (through the new Community Court program) that were not previously charged, the recent reclassification of Possession of Drug charges from felonies to gross misdemeanors, and other factors.
3. Compliance with 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.
4. Remaining 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 Vancouver Defenders under the terms set forth in the proposed agreement.

1. Approving this new contract with Vancouver Defenders, the longstanding 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.
3. The addition of an additional investigator and part-time social worker ensures that the City’s designated Primary public defense firm will be able to continue providing a quality level of service for defendants despite an increasing workload.