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Public defender seeks higher monthly rate; council weighs short-term extension versus RFP ahead of state caseload decision
Summary
Feldman & Lee requested a short-term contract increase from $18,000 to $26,500 per month for public-defense services; staff recommended a six-month amendment to bridge uncertainty while the state Supreme Court considers caseload standards, and council asked that staff run an RFP before taking final action.
Mountlake Terrace staff alerted council that Feldman & Lee — the city’s contract public‑defender firm — has requested a renegotiation that would raise the monthly contract from $18,000 to $26,500. The requested amendment would be six months in duration and allow the city to incorporate any forthcoming Washington State Supreme Court guidance on public‑defense caseload standards into a later procurement.
City staff described the practical constraint: Feldman & Lee warned it will serve the city notice under the contract’s 90‑day termination clause if an increased rate is not approved, which would trigger an immediate need to solicit replacement counsel. Staff noted jurisdictions issuing RFPs for public defense recently have seen low response rates and that other nearby cities received few or no alternate bids in similar procurements.
Councilmembers expressed concerns about the size of the proposed increase during a period of general municipal fiscal constraint. Councilmember Murray said she preferred issuing an RFP to test the market; others noted that past local RFPs for public defense drew limited participation and that the pending state Supreme Court decision on caseload standards creates procurement uncertainty.
Staff proposed a compromise: approve a six‑month contract amendment to preserve continuity of defense services while issuing an RFP after the Supreme Court provides guidance. Council decided to remove the item from consent and schedule it as a separate action at the next meeting so the council could vote with full information and consider whether to approve the short amendment, accept the firm’s proposal now, or begin a new RFP.
Ending
Staff will bring the Feldman & Lee amendment and procurement options back to the next council meeting as a nonconsent item, and they advised council that the Supreme Court’s caseload guidance could materially affect costs and the viability of alternative bidders.
