REQUEST FOR PROPOSAL – TOWN PROSECUTOR/TOWN ATTORNEY

ORDERVILLE TOWN


REQUEST FOR PROPOSAL – TOWN PROSECUTOR/TOWN ATTORNEY

This is a Request for Proposal for Legal Services to act as the Prosecutor for Orderville Town and Glendale Town (“Town”) in the Orderville Justice Court and Orderville Town Attorney on an as needed basis. This request is intended to gather pertinent information concerning the ability of individual attorneys or law firms to meet the needs of the Town.


The Town is interested in establishing an ongoing contractual relationship with an attorney or law firm to ensure high quality, necessary, timely, and cost-effective legal services. The expectation is that the selected firm/individual will be experienced in the type of legal services required on an ongoing basis by the Town and will be generally familiar with legal issues associated with municipalities. Additionally, the attorney or firm should have experience in a court setting to act as the prosecuting attorney on behalf of a town, and working with that town or county’s law enforcement officers and justice court judge who handles the town or counties criminal and code enforcement (administrative) cases. The Town is seeking an attorney or law firm that can establish successful communication and coordination on an ongoing basis. The Town Prosecutor/Town Attorney position will be appointed by the Orderville Town Mayor,

with the advice and consent of the Orderville Town Council.


1. SCOPE OF SERVICES.

  • a. Prosecutes cases in the Orderville Justice Court, which includes communicating with defendants and their attorneys; communicating with police officers, code enforcement/animal control officials, witnesses and victims; working closely with the Court Administrator regarding administrative matters, responding to motions of defendants; processing and preparing cases for trial;

  • b. Representing the Town in arraignments and trials before the Orderville Justice Court; researching the law; and representing the Town in appeals from Justice Court decisions.

  • c. Performs professional legal work carrying the highest levels of volume, complexity, consequence, autonomy, and responsibility. Regularly responds to discovery requests, and drafts subpoenas, motions, notices, and proposed orders.

  • d. Advises the Mayor, Town Council, and other Town officials and staff regarding legal matters, rights, obligations, liabilities, and privileges.

  • e. Identifies and recommends ordinances regarding and violations of ordinances that should be criminalized.

  • f. Performs such other duties as are required by the Orderville Town Mayor/Orderville Town Council.

  • g. Approximate hours required per month: 20 hours, depending on court caseload.

2. EXPERIENCE REQUIRED/PREFERRED.

A law degree from an ABA-accredited U.S. law school is required. Minimum of four (4) years experience in criminal and/or administrative prosecution required. Experience in other areas of municipal law is desirable. Must be licensed to actively practice law in the State of Utah and be in good standing with the Utah Supreme Court and the Utah State Bar (Office of Professional Conduct). Must possess a valid driver’s license. Must have the ability to communicate effectively and diplomatically with Town & Court personnel and officials, including the Justice Court Judges, the Justice Court Administrators, Justice Court Clerks, Law Enforcement personnel, Code Enforcement/Animal Control personnel, and Defendants and their attorneys (as well as the general public). Must be able to develop a good working knowledge of the Orderville Town Code, Utah Rules of Criminal Procedure, Utah Rules of Evidence, the Utah Code of Judicial Administration, Local Rules of the Orderville Justice Court. Skilled in legal writing and research. Ability to use word processing and presentation software and to do online legal research. Ability to

perform with integrity; demonstrate honesty and sensitivity to ethical issues; and avoid actual or apparent impropriety and/or conflicts of interest. Exercise appropriate judgment, often under pressure, consistent with the highest levels of volume, complexity, consequence, autonomy, and responsibility attending the position.


3. COMPENSATION.


Responding parties should propose a flat fee for prosecuting routine individual matters thru Trial and any intervals wherein the flat fee is reduced if resolution is reached before said interval occurs. In addition, responding parties should also designate an hourly rate for additional services (such as jury trials, appeals, etc.).


4. REQUIRED PROPOSAL CONTENTS.

To be considered, please submit the following information:

  • Letter of interest and resume.

  • Background of your firm, including size, date established, and office location, or individual qualifications if not associated with a firm.

  • Information on your firm's, or individual, experience as it relates to prosecution or criminal defense work performed in Utah’s Justice Court System.

  • List the municipalities you or your firm represent currently or have previously represented, if any, with the dates of representation for each. Include a brief summary of your duties and responsibilities for each municipality. Include a comprehensive list of municipal clients over the past five years and name of the attorney assigned to those clients.

  • Identify the lead attorney who would be primarily responsible for work on behalf of the Town and other attorneys, if any, you would anticipate utilizing on this account along with resumes for each attorney (specifically work relating to municipalities).

  • Please specify your firm’s availability to attend court dates, as well as general availability for other projects, as needed.

  • Discuss any conflicts of interest your firm may have in representing Orderville Town. The Town has a variety of interlocal agreements with other municipalities, counties, and governmental entities throughout the State of Utah.

  • Provide three relevant references that the Town can contact.

  • Please answer the following questions, limiting your answers to one (1) page per question:

  • i. Give an example/description of the working relationship you envision with the Town Mayor, the Orderville Justice Court Staff, the Kane County Sherriff’s Department and other staff.

  • ii. What steps would you take to learn the Orderville Town Code and the Orderville Town Justice Court’s systems and processes if you are not already familiar with them?


5. PROPOSAL EVALUATION.

It shall be agreed and understood that the proposals are considered public documents and are subject to official inspection under Utah’s Governmental Records Access and Management Act (GRAMA). Any firm may request in writing that the information be kept proprietary.

6. REJECTION OF PROPOSALS

The Town may reject any or all proposals if the proposals do not include the documents required for submission, as noted above, or for any other reason. Town officials may, at their sole and absolute discretion, postpone or cancel this solicitation process, waive any irregularities or technicalities, and/or determine the criteria and process whereby proposals are evaluated.

7. SUBMISSION OF PROPOSALS

Proposals must be submitted by 5:00 p.m. on October 5, 2021, and will be reviewed by the Mayor, Town Council, Court Clerk/Town Clerk, and other key staff members. Please submit your proposals by email to Carol Lamb, Orderville Town Clerk and any questions should be directed in writing by email to towno@color-country.net. A short list of attorneys or firms will be selected for interview at the regular town council meeting on October 6, 2021. The Town Council and Mayor intend to select an attorney or firm by November 4, 2021, with the selected attorney or firm to commence service on November 5, 2021.


Orderville Town is an Equal Opportunity Employer

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