HomeMy WebLinkAboutMINUTES - 02281989 - 2.5 h�
TOBOARD OF SUPERVISORS
FROM: PHIL BATCHELOR 2-005
County Administrator
DATE: February 9, 1989
SUBJECT: AMENDMENT TO CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION FOR
CONFLICT DEFENSE SERVICES THROUGH JUNE 30, 1992
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATIONS:
Authorize the County Administrator or his designee to execute a contract amendment
with the Contra Costa County Bar Association for conflict defense services extending
the contract through June 30, 1992, increasing the payment limit to $1,750,000 for
fiscal year 1988-89, and setting the payment limit at $2,000,000 for fiscal year
1989-90.
FINANCIAL IMPACT:
The costs incurred under this contract in FY 88-89 are appropriated in the current
budget. The subsequent year's contract costs are allocated for FY 89-90, anticipating
inclusion in next fiscal year's adopted budget. The contract amendment provides for
phased-in fee schedule increases for cases appointed beginning July 1, 1989, spreading
the cost impact of the increase over three years beginning in 1989-90.
REASONS FOR RECOMMENDATIONS/BACKGROUND:
In 1983, your Board became very concerned about controlling the escalating costs of
court-appointed counsel in conflict cases. As directed by your Board, the County
Administrator's Office organized a task force which recommended that the County
contract with the Contra Costa County Bar Association for conflict defense services.
A contract was executed for 1984/85. A new contract was negotiated and approved with
selected fee schedule adjustments effective October 1, 1985. This contract and fee
schedule are currently in force and will terminate on February 28, 1989.
No fee schedule increases are proposed for this fiscal year. On July 1, 1989, the fee
schedule which has been held constant for nearly four years will increase 25% for new
cases appointed on or after that date. The fee schedule will increase by 4.5% on
July 1 for each of the next two years, but only for new cases appointed on or after
the effective date of each adjustment. That increased fees apply only to new cases,
not all active cases, mitigates the cost impact and distributes it over the three-year
period. However, case volume and case type configuration ultimately drive the cost of
conflict defense. The volatility of these influences reduces the accuracy of future
cost projections. Recent history suggests a caseload that increases year-to-year.
Cost projections anticipate that this growth pattern will continue in this contract
period.
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CONTINUED ON ATTACHMENT: X YES Signature:
CZ-
X Recommendation of County Administrator
Recommendation of Board Committee
X Approve Other
Signature(s):
Action of Board on: FEB 2 8 1989 Approved as Recommended Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent Z ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain: FEB 2 8 1989
Attested:
cc: See listing on following page Phil Batchelor, Clerk of
the Board of Supervisors
and County Administrator
By: ;;1a iU4A , DEPUTY
AjiZndmant to Contract with Contra Costa
County Bar Association for Conflict Defense
Services Through June 30, 1992
Page 2
A report, prepared by Administrator's staff in September 1988, ranked Contra Costa's
1987-88 average cost per case for indigent defense second lowest compared to six other
counties. The 1989-90 cost projections for this contract amendment do not alter
significantly Contra Costa's relative low cost average even compared to 1987-88
figures.
The contract amendment also provides for some efficiency improvements. Modification
of the rules governing the Bar Association's conflict program will allow selected
types of cases to be assigned in groups. Electronic access to court calendars will
permit the appointment of selected misdemeanor and dependency cases which are
calendared together to a single attorney, controlling costs for multiple court
appearances.
CONSEQUENCES OF NEGATIVE ACTION:
If the recommended action is not approved, the contract with the Bar Association will
terminate February 28, 1989. The appointment and payment of private attorneys for
conflict cases will revert to the court-appointed method used prior to the Bar
Association contract. An estimated 2,300 active cases and all new cases will be
referred to the courts for appointment of defense counsel. Payment of conflict
attorney services is a mandated County cost.
cc: CAO-Justice System Programs
Contra Costa County Bar Association
Presiding Judge, Superior Court
President, Municipal Court Judges Association
Superior Court Administrator
Municipal Court Administrator
Public Defender
Auditor-Controller
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