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Home My WebLink AboutMINUTES - 12151992 - 2.4 2.4 TO: BOARD OF SUPERVISORS FROM: PHIL BATCHELOR County Administrator DATE: December 15, 1992 SUBJECT: REPORT ON PUBLIC DEFENDER'S OFFICE Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDATIONS: 1. Accept Report from the County Administrator on the Public Defender's Office. 2. Amend Resolution No. 92/728 with respect to the Public Defender's Office (Attached) regarding the termination date of certain positions in that department. 3. Acknowledge that the County has paid $2,133,637 of the $3,050,000 budgeted for conflict defense in FY 1992-93 to the Contra Costa County Bar Association during the first four months of this fiscal year; and reaffirm the desire to take whatever steps are necessary to reduce these ever escalating expenditures. 4. Direct the County Administrator to continue to monitor caseload of the Public Defender's Office including the Alternate Defense Unit, and report back to the Board in February, as part of the Second Quarter Report. REASONS FOR RECOMMENDATION/BACKGROUND: On October 27, 1992 your Board directed the County Administrator, as part of the adoption of the Final Budget for 1992-93, to report on the caseload of the Public Defender's Office including the Alternate Defense Unit, and on further adjustments in staffing and funding levels which might be required in the budget to adequately and cost effectively represent indigent defendants, including those served by the Alternate Defense Unit. Public Defender Caseload/Staffing The approved FY 1992-93 Budget included cuts of $721,000 resulting in the planned cancellation of seventeen positions, including fourteen attorney positions in the Public Defender's Office. It was planned that these major departmental cuts would be phased-in to permit the Public Defender to handle existing active cases and to assess workload impact based upon reductions in other justice agencies. Additionally, to mitigate the ever- escalating cost of conflict defense, the Public Defender transferred attorneys to the Alternate Defense Unit to allow the defense of more cases which would otherwise be conflicted out at a much higher cost. Continued on Attachment: X YES Si natur 60E 4-v:�. Recommendation of County Administrator comme tion of Board Committee Approve Other Signature(s): Action of Board on: December 15 , 1992 Approved as Recommended-*"ther A11 persons desiring to speak were heard. The Board APPROVED THE RECOMMENDATIONS SET FORTH ABOVE AND ADOPTED RESOLUTION NO. 92/853 . Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN XX Unanimous (Absent II , IV ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: ) BOARD OF SUPERVISORS ON DATE SHOWN. Attested: December 15 , 1992 cc: CAO-Justice System Programs Phil Batchelor, Clerk of the Board of Personnel Supervisors and County Administrator Public Defender Contact: George Roemer 646-4855 By: Deputy r December 15, 1992 Caseload/Staffing (Continued) The first phase of layoffs, on August 31, 1992, eliminated two attorney positions, a Clerical Supervisor, and a Public Defender Investigative Assistant (Additionally, four 90-Day Special Assignment Attorneys were eliminated.) . The second phase would have eliminated an additional nine attorney positions (four positions were transferred to the Alternate Defense Unit as part of the Final Budget adopted 10/27/92) . Thus far although total caseload has gone down slightly, felony caseload has increased from an average of 355 cases per month during the first four months of FY 1991-92 to an average of 367 in FY 1992-93. Therefore, it would be fiscally imprudent to reduce attorney strength and thus increase attorney caseload at this time. Further reduction of attorney positions would require the Public Defender to refuse cases because of workloads too high to allow for constitutionally required representation (This is the so-called "Ligda" or workload conflict) . This has been done twice in recent years resulting in such cases being handled by private attorneys at increased costs. Therefore at this point, this Office is recommending that the nine positions slated for elimination on December 31, 1992 be saved. In anticipation of increasing caseload, the Adopted FY 1992-93 Budget includes funds in budget unit 0325 to provide for the costs of these positions in the Public Defender's Office. A transfer can be made as part of the Second Quarter Budget Report. On January 1, 1993 the Municipal and Superior Court will implement the Court Coordination Plan mandated by State. Trial Court Funding legislation. Implementation of this plan, as well as other trial court delay programs now underway, may affect workload and thus staffing requirements of the Public Defender's Office. If workload is reduced the County Administrator will recommend a related reduction in positions. Alternate Defense Unit In response to encouragement from the County Administrator's Office to explore alternate, more cost effective means of handling conflict cases, the Public Defender established an Alternate Defense Unit in October of 1991. The Unit was established to function as a separate branch of the Office of the Public Defender. Due to mid-year start-up of the Unit, the Public Defender absorbed the 1991-92 costs. The fiscal year 1992-93 budget for the Public Defender's Office, as approved by the Board of Supervisors, includes the Alternate Defense Unit. The Public Defender's Office has ten attorneys and two clerks assigned to the Alternate Defense Unit. This Office is not currently recommending the addition of positions to the Alternate Defense Unit, which has sufficient attorneys now to adequately represent its caseload; however this Office will continue to monitor caseload and will report back to the Board if additional changes are required. This Office, in working with the Public Defender, estimates at this time, that the maximum number of staff required by the Alternate Unit will be eighteen attorneys, an investigator, and three clerks. We estimate that the total annual cost at "build out" to be no more than two million dollars. While the County Administrator's Office anticipates the cost of conflict defense to continue to escalate, it is anticipated that the Alternate Defense Unit will save well in excess of one million dollars annually. Contra Costa County Bar Association The Contra Costa County Bar Association has been paid $2,133,637 through October of FY 1992- 1993; the Public Defender has expended $2,510,714 during the first four months of FY 1992-93 with well over twice the pending caseload and sixteen times the number of new cases opened (113 as compared to 1800) . In addition, over the past seven years payments to the Bar Association have increased by an average of 18%, while the Public Defender's expenditures have only increased by 11%. Based upon the Bar Association's reported expenditures during the first four months of this fiscal year, we would project actual expenditures to range between $4,000,000 to $4,600,000. This would be 31% to 51% over the $3,050,000 budgeted. Special Note In response to concern expressed regarding the relationship between the Public Defender's Office and the Alternate Defense Unit the Public Defender requested a hearing before the Superior Court on the legal issues involved in the Alternate Defense Unit. This Office will monitor the outcome of the hearing and report back to your Board. 2 r' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 15 , 1992 , by the following vote: AYES: Supervisors Powers , Torlakson , Schroder NOES: None ABSENT: Supervisors Fanden, McPeak ABSTAIN: None Resolution No. 92 853 SUBJECT: Public Defender Positions AMEND attachment Y to Board Resolution 92/728 as follows: Deletes from positions to be abolished positions 43-00055, 43-00033, 43-00051, 43-00107, 43-00106, 43-00042, and 43-00110 based on caseload in the Public Defender's Office. 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: December 15 . 1992 -- PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By ,Deputy cc: Personnel Department County Administrator Public Defender RESOLUTION 92/853 Attachment Y Revised 12/15/92 ' Page 1 of 1 CONTRA COSTA COUNTY POSITIONS TO BE ABOLISHED DEPARTMENT: Public Defender EFFECTIVE: Close of Business on December 31, 1992 unless otherwise noted POSITION NO. CLASS CODE POSITION TYPE 43-00116 Deputy Public Defender I 25WA Full Time 43-00114 Deputy Public Defender I 25WA Full Time Amendment 10/27/92 Deletes from positions to be abolished positions #43-00031, 43- 00037, 43-00095, and 43-00050 and delays abolishment of the remaining nine positions until close of business 12/31/92 based on caseload in the Public Defender's Alternate Defense Unit. Amendment 12/15/92 Deletes from positions to be abolished positions 43-00055, 43- 00033, 43-00051, 43-00107, 43-00106, 43-00042, and 43-00110 based on caseload in the Public Defender's Office. Res. No. 92/498, as amended by Res. No. 92/624, 92/728 & 921f rO