HomeMy WebLinkAboutMINUTES - 09142010 - C.126RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to:
(1) execute a second amendment to the current contract with the Contra Costa County Bar
Association, to extend the term by one month, from August 31 to September 30, 2010, and
increase the payment limit by $300,000 to a new payment limit of $4,480,000; and
(2) execute a new contract with the Contra Costa County Bar Association in an amount not
to exceed $2,625,000 to continue to provide mandated criminal conflict defense and other
legal services for the period October 1, 2010 through June 30, 2011.
FISCAL IMPACT:
Costs are budgeted for fiscal year 2010/11 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: 09/14/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
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: September 14, 2010
, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C.126
To:Board of Supervisors
From:David Twa, County Administrator
Date:September 14, 2010
Contra
Costa
County
Subject:CONTRACT FOR CONFLICT CRIMINAL DEFENSE SERVICES
BACKGROUND:
Since 1983, the County has contracted with the Contra Costa County Bar Association for
the provision of conflict defense services. The County developed the Criminal Conflicts
Program with the Bar 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 some of the 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.
Today’s action extends the current contract provisions for one month, through September
2010, and initiates a newly negotiated contract with improved cost accountability for the
remaining nine months of fiscal year 2010/11.
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
August 31, 2010 and the County will continue to be obligated to pay Bar attorneys for cases
previously assigned 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: