HomeMy WebLinkAboutMINUTES - 05072013 - C.76RECOMMENDATION(S):
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 $350,000 to a new payment limit of
$3,850,000 for the continued provision of criminal conflict defense services with no change to the term July 1, 2012
through June 30, 2013.
FISCAL IMPACT:
100% County General Fund.
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
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/07/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Timothy Ewell,
925-335-1036
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: May 7, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 76
To:Board of Supervisors
From:David Twa, County Administrator
Date:May 7, 2013
Contra
Costa
County
Subject:AMENDMENT TO CONTRACT WITH CONTRA COSTA BAR FOR CRIMINAL CONFLICT DEFENSE
SERVICES
BACKGROUND: (CONT'D)
cases referred to the Bar Association through a written affidavit of conflict by the Public Defender and the Alternate
Defender. 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 current contract with the Bar Association covers the two-year period of July 1, 2011 through June 30, 2013 with
payment limits of $3,500,000 for each fiscal year 2011/12 and 2012/13. The proposed contract amendment will
increase the payment limit by $350,000 to reflect costs associated with increased attorney caseloads referred by the
Public Defender or Alternate Defender for the fiscal year 2012/13 contract period only.
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 the County will remain obligated to pay the Bar for cases 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 with the County fiscal responsible for all costs involved.
CHILDREN'S IMPACT STATEMENT:
No impact.