Public defenders suing Seattle

A nonprofit association of public-defense attorneys has temporarily blocked the Seattle City Council from ending its 40 years of contracting with the firm the best way they know how — by going to court.

The Defender Association staved off the immediate loss of a $1.3 million annual contract by suing the city of Seattle as well as the public-defense agency the city picked for the work and another defense-attorney firm that was also vying for the contract.

As part of the suit filed in King County Superior Court, The Defender Association was granted a temporary restraining order, which forbids the city from awarding the contract to the Northwest Defenders Association until the issue is resolved in court.

The Defender Association claims in its lawsuit that it was "the lowest and best bidder" to submit a proposal to the city. During a court hearing on the issue Tuesday afternoon, the firm's lawyer argued that the association was treated unfairly by the city.

Michael Goldfarb, who represents The Defender Association, said that the original bid by Northwest Defenders Association was $16,000 lower, resulting in a city advisory board scoring the firm's bid one point higher than the bid submitted by The Defender Association. But, Goldfarb said, after the city required Northwest Defenders Association to alter staff salary scales, their bid rose by more than $50,000.

Goldfarb told Superior Court Judge Laura Gene Middaugh that because of this change, his client must be given a chance to resubmit its proposal to the city advisory board that reviewed the public-defense bids.

In court Tuesday, attorney Brad Keller, who represents the Northwest Defenders Association, denied their proposal rose by $50,000.

"I have no doubt we're the best choice. If everyone gets to sue after they don't like the results, the city will never be able to get anything done," said Eileen Farley, the firm's executive director.

A lawyer for the city of Seattle said in court Tuesday that the decision to select Northwest Defenders Association was made by Beth Goldberg, who directs the city's budget office. Goldberg reviews the advisory panel's decision but does not have to follow it, according to court testimony.

Middaugh told the courtroom packed with more than 50 lawyers representing several public-defense firms that she would review the evidence and rule by Friday whether the restraining order will stay in place.

There are four public-defense agencies in King County: The Defender Association, Northwest Defenders Association, Associated Counsel for the Accused and Society of Counsel Representing Accused Persons. The four firms represent 90 percent of all indigent felony defendants in King County Superior Court under a separate contract with the county.

The city of Seattle has long entered into three-year contracts with several of these nonprofit agencies for misdemeanor public-defense work in Seattle Municipal Court criminal cases.

The city opened up three slots for municipal court public-defense work earlier this year. The primary spot, handling the bulk of the work, went to another firm, the Associated Counsel for the Accused, but the secondary slot is at the center of the disagreement.

A third-place spot, handling the smallest portion of the work, has gone unfilled because no agency applied, said Seattle City Councilman Tim Burgess.

The council was slated to vote on the contract on Monday, but the vote was postponed until next Monday, said Burgess.

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com