HomeMy WebLinkAboutMINUTES - 07092013 - C.84RECOMMENDATION(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 per fiscal year to continue to provide mandated
criminal conflict defense and other legal services for the period July 1, 2013 through June 30, 2015.
FISCAL IMPACT:
Costs are budgeted for fiscal year 2013/14 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 original contract.
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
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/09/2013 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: July 9, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 84
To:Board of Supervisors
From:David Twa, County Administrator
Date:July 9, 2013
Contra
Costa
County
Subject:CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION FOR PROVISION OF CRIMINAL
CONFLICT DEFENSE SERVICES
BACKGROUND: (CONT'D)
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 contract allows the Bar Association to continue providing services through June 30, 2015. The
proposed contract increases hourly service rates and certain 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 as of June 30, 2013 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:
No impact.