HomeMy WebLinkAboutMINUTES - 06232009 - C.83RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract
with the Contra Costa County Bar Association in an amount not to exceed $3,500,000 to
continue to provide mandated criminal conflict defense and other legal services for the
period July 1, 2009 through June 30, 2010, including agreeing to indemnify the Bar
Association against any claims resulting from performance under this contract.
FISCAL IMPACT:
Costs are budgeted for fiscal year 2009/10 in General Fund Budget Unit 0248 – Conflict
Defense Services, administered by the County Administrator.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/23/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
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: June 23, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Celicia Nelson, Deputy
cc: CAO-Enea, CAO-Ewell, CC Bar Association
C. 83
To:Board of Supervisors
From:David Twa, County Administrator
Date:June 23, 2009
Contra
Costa
County
Subject:CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION FOR PROVISION OF
CRIMINAL CONFLICT DEFENSE SERVICES
BACKGROUND:
Since 1983, the County has contracted with the Contra Costa County Bar Association for
the provision of conflict defense services. The original contract was in response to the
escalating cost of conflict defense services under 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.
Additionally, the County is required to pay for legal services in juvenile immigration cases.
In prior years, the contract also provided for legal representation in juvenile dependency
cases. County-provided juvenile dependency services were terminated by the Superior
Court in July 2008.
The contract includes a provision to indemnify the Bar Association against any claims
resulting from work assigned under the contract should the contract be terminated or not
renewed. This provision is necessary because the contract requires the County to continue
payment for legal services rendered on cases that were assigned but not completed within
the contract period, which is typical for felony cases.
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
June 30, 2009 and the County will continue to be obligated to pay the Bar for cases
previously assigned to the Bar and still in progress. The appointment and payment of private
attorneys for new 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. All
active and new criminal and delinquency conflict cases will be referred to the courts for
appointment of defense counsel.
CHILDREN'S IMPACT STATEMENT: