HomeMy WebLinkAboutMINUTES - 06222010 - C.90RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract
amendment with the Contra Costa County Bar Association, effective June 23, 2010, to
extend the term to August 31, 2010 and increase the payment limit by $680,000 to a new
payment limit of $4,180,000 for continuing criminal conflict defense services.
FISCAL IMPACT:
Costs are budgeted for fiscal years 2009/10 and 2010/11 in General Fund Budget Unit 0248
– Conflict Defense Services, administered by the County Administrator.
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.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/22/2010 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
Federal D. Glover, District V
Supervisor
ABSENT:Susan A. Bonilla, District IV
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 22, 2010
, County Administrator and Clerk of the Board of Supervisors
By: KATHERINE SINCLAIR, Deputy
cc:
C. 90
To:Board of Supervisors
From:David Twa, County Administrator
Date:June 22, 2010
Contra
Costa
County
Subject:AMENDMENT TO CONTRACT WITH CONTRA COSTA BAR FOR CRIMINAL CONFLICT DEFENSE
SERVICES
BACKGROUND: (CONT'D)
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 and
probate guardianship 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 proposed contract amendment will permit the continuation of services while a new
contract with improved cost accountability is negotiated.
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, 2010 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: