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Council approves interim plan to replace Mountain Law for indigent defense and open RFP process
Summary
Mount Vernon approved termination by mutual agreement of the 2023 indigent-defense contract with Mountain Law and authorized an interim agreement to preserve services while the city issues an RFP/RFQ for replacement counsel.
Mount Vernon City Council voted Jan. 22 to approve an interim agreement terminating its 2023 indigent-defense contract with Mountain Law and to initiate an RFP/RFQ process to identify a replacement provider.
Nut graf: City staff told the council Mountain Law notified the cities of Burlington and Mount Vernon last fall that it could not continue to meet service expectations under the current contract. The interim agreement is intended to preserve ongoing public-defense services during a competitive procurement process so the court-appointed representation system is not disrupted.
Special Projects Manager Steve Sexton briefed council that Mountain Law agreed to mutual termination under Section 3.2 of the 2023 agreement and will continue providing defense services while the city solicits new proposals. "This termination will occur after the conclusion of that RFP, RFQ process," Sexton said.
Outside counsel Drew Polam of Ogden Murphy Wallace told council the combination of Mountain Law’s operational limits and pending Supreme Court changes to public-defense caseload standards mean the city likely needs a different approach going forward. Polam said proposed caseload-standard amendments under consideration could require a roughly 70% reduction in an individual attorney’s caseload by the end of 2027, which would affect future contracting needs.
Council members pressed staff on enforcement of existing contracts and the city’s options. Polam and Sexton said the city retains breach remedies in the contract but opted for mutual termination to avoid immediate disruption. Sexton and staff emphasized the interim agreement’s purpose: to maintain continuity while the city seeks a firm that can meet current and anticipated caseload and compliance requirements.
Motion and vote: Council member Iris moved to approve the interim agreement terminating the 2023 contract and initiating an RFP/RFQ; the motion was seconded by Council member Richard and the motion passed by voice vote.
