HomeMy WebLinkAboutMINUTES - 08162011 - c.57RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a novation
contract with the Contra Costa County Bar Association in an amount not to exceed
$3,500,000 per fiscal year to continue to provide mandated criminal conflict defense and
other legal services for the period July1, 2011 through June 30, 2013.
FISCAL IMPACT:
Costs are budgeted for fiscal year 2011/12 in General Fund Budget Unit 0248 – Conflict
Defense Services, administered by the County Administrator. The proposed contract does
not increase the annualized payment limit from the prior contract or the budgetary
requirement for these services over the prior year.
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
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/16/2011 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
Karen Mitchoff, 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: August 16, 2011
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.57
To:Board of Supervisors
From:David Twa, County Administrator
Date:August 16, 2011
Contra
Costa
County
Subject:CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION FOR PROVISION OF
CRIMINAL CONFLICT DEFENSE SERVICES
BACKGROUND: (CONT'D)
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, but may
include other cases in which the Public Defender and Alternate Defender are unavailable.
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 of 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.
Approval of the novation contract replaces the two-month extension (July 1 through August
31, 2011) under the prior contract and allows the Bar Association to continue providing
services through June 30, 2013. The proposed contract increases hourly service rates and
administrative costs, but does not increase the annualized payment limit or the budgetary
requirement for these services.
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
on August 31, 2011 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 cases in which the Public Defender and Alternate Defender are not
available will revert to the court-appointed method used prior to the Bar Association
contract -- a less efficient and more costly alternative. All active and new criminal and
delinquency conflict cases will be referred to the courts for appointment of defense counsel.
CHILDREN'S IMPACT STATEMENT: