HomeMy WebLinkAboutMINUTES - 03172009 - SD.3RECOMMENDATION(S):
APPROVE Appropriations Adjustment No. 5073 authorizing the transfer of appropriations in the amount of
$1,300,000 from the Contingency Reserve (0990) to Conflict Defense (0248); and
1.
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with
the Contra Costa County Bar Association to increase the payment limit by $1,300,000 to a new payment limit
of $3,975,000 annually to continue to provide mandated criminal conflict defense and other legal services for
the period July 1, 2008 through June 30, 2010.
2.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/17/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 4 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: Julie Enea (925) 335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: March 17, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Katherine Sinclair, Deputy
cc: County Administrator (Enea), County Finance Director, Auditor-Controller
SD.3
To:Board of Supervisors
From:David Twa, County Administrator
Date:March 17, 2009
Contra
Costa
County
Subject:CONTRACT AMENDMENT WITH COUNTY BAR ASSOCIATION FOR CONFLICT DEFENSE
SERVICES
FISCAL IMPACT:
The budgeted amount for fiscal year 2008/09 in General Fund Budget Unit 0248 – Conflict Defense Services was
insufficient to cover the rapidly escalating costs for mandated conflict defense services, necessitating a transfer of
approprations from the County's Contingency Reserve to augment the Conflict Defense budget. The transfer will
effect a reduction in the Contingency Reserve of $1,300,000.
BACKGROUND:
Since 1983, the County has contracted with the Contra Costa County Bar Association for the provision of conflict
defense services as a lower-cost alternative to the old system of court-appointed counsel. Subsequently, in FY
1991/92, the Public Defender created an Alternate Defender’s Office to handle conflict cases. The cases referred to
the Bar Association generally represent multiple co-defendant cases in which the Alternate Defender’s Office can
represent only one co-defendant.
The contract with the Bar Association for conflict defense services includes only the costs associated with
representing criminal and delinquency cases referred to the Bar Association through a written affidavit conflict by the
Public Defender and the Alternate Defender, and the costs to provide legal services in juvenile immigration cases.
This fiscal year is the first since 1983 that the Bar contract will not provide for representation in juvenile dependency
cases, due to the Superior Court's decision to terminate services provided by the County for juvenile dependency
cases.
Following is a history of actual conflict defense Bar referrals and costs:
Fiscal
Year Cost
Non-Capital
Homicides
Capital
Homicides
2003/04:$1,550,989 21 1
2004/05:$1,800,505 25 1
2005/06:$2,025,534 24 1
2006/07:$2,075,778 29 4
2007/08:$3,403,771 45 12
2008/09
Proj $3,975,000 56 11
As of 2/09 $2,960,633 46 0
CONSEQUENCE OF NEGATIVE ACTION:
Payment of criminal conflict attorney services is a mandated County cost. If the recommended action is not
approved, the contract with the Bar Association will terminate and the County will be unable to fulfill its mandated
obligations. The appointment and payment of private attorneys for conflict cases that cannot be handled by the
Alternate Defender’s Office will revert to the court-appointed method used prior to the Bar Association contract,
which has been shown to be less economical. All active and new criminal and delinquency conflict cases will be
referred to the courts for appointment of defense counsel. The County will continue to be obligated to pay the Bar for
cases previously assigned to the Bar and still in progress, as stipulated in our contract.
(M 129 Rev. 2/09)
C:\Users\jmchuen\AppData\Local\Temp\676_TC27 March 2009 contract amendment.doc
AUDITOR-CONTROLLER USE ONLY:
CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY:
APPROPRIATION ADJUSTMENT BOARD OF SUPERVISORS
T/C-27 COUNTY ADMINISTRATOR
ACCOUNT CODING BUDGET UNIT: CONTINGENCY RES (0990)/CONFLICT DEF (0248)
ORGANIZATION EXPENDITURE
SUB-ACCOUNT EXPENDITURE ACCOUNT DESCRIPTION <DECREASE > INCREASE
0990 6301 Reserve for Contingencies 1,300,000.00
2940 2313 Outside Attorney Fees 2,675,000.00
2950 2313 Outside Attorney Fees 3,975,000.00
3,975,000.00 3,975,000.00
APPROVED EXPLANATION OF REQUEST
To transfer appropriations from the Reserve for Contingencies and from
the Appointed Defense Services budget organization to the Bar Assoc
Defense Services budget organization for mandated conflict legal
defense services provided by the Contra Costa County Bar Association
for FY 2008/09.
AUDITOR – CONTROLLER
By: Analiza Alejandrino Date 3/10/2009
COUNTY ADMINISTRATOR
By: Lisa Driscoll Date 3/10/2009
BOARD OF SUPERVISORS
YES:
NO:
PREPARED BY: Julie Enea
TITLE: Senior Deputy County Administrator
DATE: 3/9/2009
By: Date APPROPRIATION APOO 5073
ADJ. JOURNAL NO.
SEE INSTRUCTIONS ON REVERSE SIDE