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Public Defender RFP

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General Information

Government Type
Municipality
Entity
Kanab
Public Body
Kanab City Council

Notice Information

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Notice Title
Public Defender RFP
Notice Type(s)
Notice
Event Start Date & Time
October 24, 2025 02:54 PM
Event End Date & Time
November 10, 2025 05:00 PM
Description/Agenda
https://utah.bonfirehub.com/opportunities/207063 Project Description REQUEST FOR QUALIFICATIONS Public Defender Legal Services Kanab City, located at 26 N 100 E, Kanab, Utah, is requesting proposals for public defender services from a qualified firm or qualified attorney. Submissions will also be considered for conflict public defender services. PROPOSALS MUST BE RECEIVED NO LATER THAN MONDAY, NOVEMBER 10, 2025, at 5:00 p.m. BACKGROUND, DUTIES, AND RESPONSIBILITIES: Kanab City is seeking a qualified firm or qualified attorney to provide legal defense services to individuals prosecuted for misdemeanors and infractions by the Kanab City Prosecutor, and who have been found eligible for appointment of legal counsel. The public defender agrees to be available in the courtroom in the Kane County Justice Court, on regularly scheduled municipal calendars, currently scheduled one to four days per month, on Tuesdays. Coverage of matters in the Sixth District Court, in Kanab, is required (i.e., for de novo appeals of Justice Court matters and for occasional cases involving Class A misdemeanors). The typical court obligation, excluding scheduled trials, is approximately 45 to 90 minutes every second or fourth Tuesday morning, as well as 30 to 60 minutes in the Sixth District Court on one to two Thursdays each month. The number of cases and requirements for in-court representation will vary from time to time. Virtual court appearance is permissible, except for some evidentiary hearings, jury trials, or when in-person appearance is ordered by the court. The average caseload is between 15-25 cases (1-5 of which may include one or more class A misdemeanors and therefore be handled in district court), split between pre- and post-adjudication matters. Contract services are estimated to commence on January 1, 2026, or as soon as practicable. The selected attorney or law firm shall be required to perform the following duties, as well as others inherent with indigent defense: - Prepare and appear with clients at all pre-trial, trial, and post-conviction proceedings and hearings; - Obtain and review all formal and informal discovery; - Interview clients to evaluate evidence and assess the strength of the case; - Develop a theory of the case; - Research legal issues; - Analyze charging documents, police reports, and discovery material and evidence; - Draft, file and argue appropriate motions; - Negotiate settlements or changes of pleas; - Prepare trial briefs and conduct all phases of trial in court, including jury trials; - Recommend bond and participate in bond hearings; - Review petitions for probation revocations and participate in sentencing hearings; and - Prepare motions for a new trial; - Maintain adequate and proper records of the representation for each assigned indigent defendant; and - Keep current with the statutes, rules, and cases regarding both procedural and substantive legal issues. The selected attorney or law firm shall be free to exercise independent professional judgment without retaliation, and performance evaluations or renewal decisions will not be tied to case outcomes or speed of dispositions. A separate conflict-counsel contract shall be established by Kanab City; payment structure for the selected attorney or law firm shall not be structured in a way to discourage conflict identification. The selected attorney or law firm shall be required to provide operational reporting, including: - New case assignments - Pending/open caseload - Timekeeping by case, if applicable pay structure requires (i.e., not required under a flat fee pay structure) - Conflicts declared - Use of investigators or experts - Jail interviews - Client contact timeliness - Dispositions and de novo filings The selected attorney or law firm will be required to comply with any complaint process, reporting requirements, and investigation(s) required by law, or assist Kanab City in fulfilling its obligations under the Utah Indigent Defense Act and related laws and regulations. MINIMUM CONTENTS OF PROPOSAL: The proposal must include the following information: 1. Cover letter with Respondent and/or law firm name and contact information (Contact information should include mailing address, telephone, and email address). 2. Resumes or background descriptions of all key personnel. 3. Information or experience related to criminal defense services. 4. A proposal for compensation for services (hourly, per case, and/or flat fee). [Kanab City has a preference for a flat annual or monthly fee, but will consider other proposals, or proposals with a flat fee but including contingencies.] 5. Workload management plan, including attorney and/or staff to be included in case management, court coverage, backup coverage, and access to resources relevant to indigent defense. 6. Quality-assurance plan (client contact timelines, investigator/expert usage protocols). 7. Conflict-of-interest plan describing screening and referral to separately contracted counsel. 8. A specific plan to transition, if necessary, from the current public defender without a loss of continuity for defendants. 9. At least three (3) references capable of speaking to the reputation and professional qualification of the Respondent. 10. A proposal for compensation for the use of investigators and experts, when/if needed, with interpreters coordinated through the Utah State Courts' credentialing program. 11. Description of how the Respondent handles checking for conflicts and how the Respondent proposes to handle conflicts that may arise. 12. Identify whether the Respondent is willing to handle cases for the City on a conflict basis if the City elects to contract with another respondent as the primary public defender, and propose a compensation schedule for conflict cases. MINIMUM EXPERIENCE/QUALIFICATIONS: Required qualifications include, for which the Respondent's proposal should affirm or provide an explanation, if appropriate: 1. Be a member in good standing of the Utah Bar. 2. Be competent in the practice of criminal law, with a minimum of five (5) years of experience handling criminal matters (i.e., as a prosecutor and/or defense attorney). 3. Be familiar with mental health issues and be able to identify the need to obtain expert services and petition for competency reviews. 4. Be available to attend all hearings and trials, in person or virtually, as necessary or required. 5. Be available to meet clients in person in Kanab, Utah, outside of the regularly scheduled calendar and communicate timely and effectively with clients, the prosecutor, and the court orally and in writing, in person, by phone, or other electronic means. [The successful Respondent's contact information shall be made known to the clients served.] 6. Have, or be willing to secure, professional malpractice insurance with, at a minimum, limits of $1,000,000.00 per person and an aggregate of $1,000,000.00 per occurrence, while serving as the public defender for Kanab City, and shall defend and hold Kanab City harmless from all claims related to the public defender service. 7. While serving as public defender, Respondent will be available and accessible to indigent clients reasonably in advance of any hearing or trial, make reasonable efforts to visit or otherwise communicate with indigent clients who are incarcerated in Kane County Jail, admitted to a hospital or treatment facility, or otherwise confined, at the earliest possible moment, and return phone calls and respond to emails as soon as reasonably possible. LENGTH OF CONTRACT: The initial term of the contract resulting from this RFQ will be for a period of five (5) years with the option of additional contract extensions as negotiated with the City. The City reserves the right to contract with other qualified professional firms or individuals for similar services during the period of the contract. SELECTION PROCESS AND SCHEDULE: Proposals will be evaluated by the Kanab City administration. At a minimum, the top two (2) proposals will be interviewed to determine the likelihood of meeting the public defender services need for Kanab City. Proposals will be evaluated on evidence of understanding of the objectives and work involved, and on the demonstrated capability of the Respondent to accomplish the work. Compensation is a single criterion, not the deciding one. The City may also consider experience, reputation, skills, the specific proposal, references, and the input of elected city officials and others. All proposals are subject to successfully negotiating a contract with the City. SUBMITTAL PROCESS/ REQUIREMENTS: PROPOSALS MUST BE SUBMITTED ELECTRONICALLY THROUGH THE BONFIRE PROCUREMENT PORTAL NO LATER THAN MONDAY, NOVEMBER 10, at 5:00 p.m. (Mountain Time) Late submissions will not be accepted. COST OF PREPARATION OF RESPONSE: Costs incurred by any entity or individual in the preparation of their response to this Request For Qualifications are the responsibility of the responding entity or individual and will not be reimbursed by Kanab City. CANCELLATION: Kanab City reserves the right to cancel an award of the contract at any time before execution of the contract by both parties if cancellation is deemed to be in Kanab City's best interest. In no event shall Kanab City have any liability for the cancellation of an award. The Respondent assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal. CLARIFICATION: Any Respondent requiring clarification of the information or protesting any provision herein, must submit specific questions, protests, or comments in writing to: Kanab City ATTN: Kyler Ludwig 26 North 100 East Kanab, Utah 84741 Email: kludwig@kanab.utah.gov Phone: (435) 644-2534 Clarifications submitted in writing shall be received prior to 5:00 p.m. on Wednesday, November 5, 2025. PROPOSALS ARE PUBLIC RECORDS: All information submitted by Respondents shall be public record and subject to disclosure pursuant to the Utah Government Records Access Management Act, except such portions of the proposals for which Respondent requests exception from disclosure consistent with Utah Law. All requests shall be in writing, noting specifically which portion of the proposal the Respondent requests an exception from disclosure. Respondent shall not copyright, or cause to be copyrighted, any portion of any said document submitted to Kanab City as a result of this Request for Qualifications. REJECTION OF PROPOSALS: Kanab City reserves the right to reject any or all responses to this Request For Qualifications. CLARIFICATION OF RESPONSES: Kanab City or its agent reserves the right to obtain clarification from Respondent of any point in a Respondent's or law firm's proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Respondent to answer timely to such a request for additional information or clarification could result in rejection of that Respondent's or firm's response or responses.
Notice of Special Accommodations (ADA)
Times listed for each item on the agenda may be accelerated as time permits. If you are planning to attend this public meeting and due to a disability need assistance in understanding or participating in the meeting, please notify the City eight or more hours in advance of the meeting, and we will try to provide whatever assistance may be required. Please contact Katherine Ohlwiler at the Kanab City offices.
Notice of Electronic or Telephone Participation
NA

Meeting Information

Meeting Location
26 N 100 E
Kanab , UT 84741
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Contact Name
Celeste Cram
Contact Email
ccram@kanab.utah.gov
Contact Phone
(435)644-2534

Notice Posting Details

Notice Posted On
October 24, 2025 02:55 PM
Notice Last Edited On
October 24, 2025 02:55 PM

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