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HomeMy WebLinkAboutMINUTES - 10051993 - S.4 (3) s. � A TO: BOARD OF SUPERVISORS Contra FROM: Introduced September 2 8, 19 9 3 ;1r " ' Costa for Board Action on October 5, 1993 County DATE: 1 ACKNOWLEDGE RECEIPT OF PROPOSAL FOR THE REPRESENTATION OF SUBJECT: INDIGENTS IN CRIMINAL AND DEPENDENCY CASES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Acknowledge receipt of a proposal for the representation of indigents in criminal and dependency cases from the Contra Costa County Bar Association' s Ad Hoc Committee for Private Representation of Indigents . Refer to the County Administrator, the Public Defender, and the Criminal Justice Agency to review and report to the Board of Supervisors . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER 810NAT RE ACTION OF BOARD ON 9 9 APPROVED A6 RECOMMENDED �.�q—. OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSEJ4.1- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED ,INTU4, _�- / cc: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF Public Defender SUPERVISORS AND COUNTY ADMJNISTRATOR Criminal Justice Agency BY DEPUTY M382 110/88) • • • PRESENTED TO: • The Board of Supervisors of Contra Costa County,California • PROPOSAL FOR. THE REPRESENTATION OF INDIGENTS • IN CRIMINAL ANDDLPENDENCY CASES • SUBMITTED BY: Contra Costa County Bar Association Ad Hoc Committee for Private Representation of Indigents • • AUGUST 1993 • • • JULY1993 PROPOSAL FOR THE REPRESENTATION Or INDIGENTS IN CRIMINAL ANUDEPENDENCY CASES • PACE 1 • In March of 1993 the Board of Supervisors invited members of the private bar to present a cost saving alternative to the present method of criminal representation. In response to this invitation, the following proposal is offered to Contra Costa County as an alternative to the existing public defender system. The Ad Hoc Committee proposes that the Board of Supervisors reorganize the • method of representation of indigents in criminal and dependency cases in Contra Costa County utilizing the San Mateo County as a model, thereby creating a Private Defender Program to represent such cases in place of the Public Defenders' Office. • This plan will save the county more than four million dollars per year 1 and will mobilize a system which will be better equipped to handle a larger number of cases • with greater expertise than the existing Public Defender system. The cost savings • stated above is verified by the comprehensive and objective comparative study prepared by Mel Hing, former Alameda County Administrator (Attachment A). The anticipated savings to the county is accomplished by a super-efficient system of administering indigent legal representation modeled identically after the program currently in use in San Mateo County (herinafter the San Mateo Model). • Following are improvements, benefits and statements about the effectiveness of this program since it was instituted in 1968. • 1 This figure considers the extraordinary expense of the Billionaire Boy's Club case in addition to the projected savings demonstrated by the direct comparison in a formal objective study (Attachment A). • • JULY1993 PROPOSAL FOR THE REPRESENTATION OF INDIGENTS IN CRIMINAL AND DEPENDENCY CASES PAGE Z 0 • The private program is less expensive and more efficient than the public defender program. • The San Mateo program proved itself over time against a lack of • support initially. "The program has not always enjoyed unanimous support. Superior Court Judge William Lanam remembers when not everyone thought the program would fly." "Jim Dennis, an attorney who spearheaded the private program, 0 convinced the board to give the bar a six-month trial, Lanam said. There was some strong opposition. The court didn't think it would work, but they were willing to give it a try," Lanam said. "The board and a lot of lawyers, had doubts." "But within six months, Lanam had convinced county officials it would work." "They were all just really impressed with the program and the 0 operation." He continues to contend the private program gives a high degree of service, and speaks critically of public programs,which are often forced to hire inexperienced recent graduates because of the relatively low pay," he said. "We tend to think highly of it," said Superior Court Judge V. Gene McDonald, who participated in the private defender program before being named to the • 0 bench." (From SF Banner Daily Journal,Dec. 7, 1987-attachment B) • One lawyer can handle a defendant's arraignment in municipal court, the preliminary hearing, and all superior court matters. This way the lawyer is in the position of knowing the case from the outset and this 0 gives a feeling of continuity. In a public defender's office, a client ultimately may have four or five laywers. • Lawyers participating in the program are highly-qualified and committed. • Indeed, they are the same attorneys who represent people who can afford a private attorney. • With a group of more than 100 laywers handling the cases, instead of a 0 smaller staff common at public defenders' offices, the program can easily handle a sudden increase in cases, whereas a huge increase could cripple a public defender's office. Therefore, the county is not dealing with a harried, overworked public defender program. • • Attached are the articles commending this system and recognizing the superior cost savings to the county compared to a public defender system (Attachment B). r • JULY1993 PROPOSAL FOR THE REPRESENTATION OF INDIGENTS IN CRIMINALANUDEPENDENCY CASES • PAGE 3 • Contra Costa County recently added another branch to the Public Defenders' Office with the intention and hope that this would result in a savings to the county. The forecasted savings were based on a comparison between the newly created PD/ADO • office (Private Defender/Alternate Defender Office) and the former system, wherein the Criminal Conflict Program handled cases unsuited for the Public Defenders' Office. Prior to the creation of the ADO, there was no in-depth, comprehensive study • performed to analyze the fiscal consequences of this change (Price Waterhouse footnote, attachment Q. More important, there was no effort made to explore other models of meeting the county's requirement of providing indigent legal services in • order to determine the most cost-effective alternative. Indeed, the last formal study of this issue by the county was completed on August 8, 1988. That study made by the county recommended against adding another public defender agency like the current ADO. There are significant risks and drawbacks to the country's Public Defenders' Office which do not exist with the San Mateo Model. Concerns have been raised about conflicts of interest in having two criminal defendants in the same case being represented by a two-tiered public defender's office. Indeed, the Contra Costa County Bar formerly objected to the ADO for this reason. There has been no appellate court review of the legitimacy of this change, which, if rejected, would lead to enormous costs to the county in dismantling the present ADO program and relitigating cases that were reversed as a result. From a budgetary standpoint, the most unsettling risk to the county is the power vested in the present public defender to demand additional funds from the county by • refusing to take cases due to "workload conflicts" (i.e., too many cases to handle effectively at one time). This scenario in fact occurred several years ago and it can happen again when the public defender feels overloaded. The Public Defenders' • • JULY1993 PROPOSAL FOR THE REPRESENTATION or]NDIGENTS IN CRIMINAL AND DEPENDENCY CASES • PACE 4 • Office was successful in forcing the county to allocate more money to its office. The consequence of this strike action (in addition to the increase in money for its budget) was the additional emergency funds needed to retain private counsel to handle those • cases refused by the Public Defender. By giving one. individual (the Chief Public Defender) control over both the Public Defenders' Office and the ADO, the Chief Public Defender is in a strong position to demand more funds from the county. Such • a threat is non-existent with the San Mateo Model since it is composed entirely of individual private attorneys. Unlike the Public Defenders' Office, in San Mateo County there is no authoritative head with the power to prevent other members • from taking cases. Additionally, the California law providing for workload conflicts applies only to public defender offices — not to programs based on the San Mateo Model. • • Finally, the Public Defenders Office in this county is one of the highest paid offices in the State of California. Indeed, a look at the salaries of the twenty attorneys below • the Chief Public Defender reveals that this county is not getting any bargain.2 Consider also that these highly paid county employees receive extensive vacation, health, and retirement benefits. With two Public Defender Offices the number of • attorneys highly compensated due to seniority, not work performance, inevitably will increase at twice the rate. Such extraordinarily high compensation due to seniority is impossible under the San Mateo Model. • 2 See Attachment C. This information was provided by the Public Defenders Office per legal mandate of the Public Records Disclosures Act. • JULY1993 PROPOSAL FOR THE REPRESENTATION OFINDIGENTS IN CRIMINALANUDEPENDENCY CASES • PACE 5 • A significant majority of the private (criminal defense) bar is in strong agreement that this proposal should be instituted. It is an opportunity for the county to adopt a highly efficient system that has been tried and tested, and one that will produce • significant savings now and in the future. You are invited to read the attachments to see for yourself just how viable and fiscally sound this plan is and if you would like to review the comprehensive San Mateo County Model we would be glad to provide you with a copy. PLEASE CONTACT PETER DODD,ESQ.,AT 510-527-1947 FOR DETAILS ON THIS PROPOSAL • AND TO ARRANGE A MEETING FOR FURTHER DISCUSSION. • • • • • • Date: May 12 , 1993 To: Criminal Conflicts Panel Contra Costa County Bar Association From: Mel Hing Subject : PRIVATE DEFENSE PROPOS L FOR CONTRA COSTA COUNTY As requested, here is my initial cost estimate for implementing the San Mateo County Private Defender program in Contra Costa County. Data for this report was provided by the two counties . For more than 25 years , San Mateo County has contracted with its County Bar Association to provide private defense services for indigent defendants . Their current contract provides for three categories of payments consisting of case tees , administrative expenses and special fees . Case fee payments are based on a schedule of fixed ' rates for five types of cases : Superior Court , Municipal Court , Mental Health (pursuant to Lanterman- Petris-Short and Developmentally Disabled laws and the Welfare & Institutions Code) , Juvenile Welfare (pursuant to Section 300 of the Welfare & Institutions Code) , and Juvenile Court . Administrative expense payments are calculated at 21. 5 percent of total case fee payments . Special fee payments are based on actual costs for cases involving multiple charges , unusually complex issues of law or facts, novel issues of law requiring complex motions or writs , or which require extraordinary demands upon an attorney' s time, efforts and skill . An example is San Mateo County's Hunt Billionaire Boys Club case . The number and cost for these types of cases would be difficult to predict . To estimate a cost for implementing this program, I applied the payment categories to comparable case types in Contra Costa County for 1991-92 , the nearest completed fiscal year. Attached is my worksheet showing the results and comparison with the actual cost in Contra Costa County for that year . The 1991-92 estimate indicates a possible savings of 2 million dollars or more for Contra Costa County, if the San Mateo County Private Defense program had been implemented that year . However, before drawing conclusions , there are other factors to consider, including the need to further test and verify this estimate and to make projections for 1992-93 and beyond. At this time, I recommend that you discuss this information and the possibility of a private defense program with Contra Costa County before proceeding further. .1991-92 COST ESTIMATE AND COMPARISON OF PRIVATE v. PUBLIC DEFENSE PROGRAM IN CONTRA COSTA COUNTY A. SAN MATEO COUNTY PRIVATE DEFENSE PROGRAM San Mateo Co. Contra Costa Co. ------------------ ------------------ Case Types Rates Cases Costs Cases Costs Opened Estd. Superior Court $474 1,296 $ 614, 304 1,266 $ 600,084 Municipal Court $207 16, 469 3 ,409 ,083 18,233a 3 ,774 ,231 Mental Health $235 898 211,030 924 217 ,140 Juvenile Welfare $347 596 206 ,812 976 338, 672 Juvenile Court $102 3,056 311,712 2 ,748 280 , 296 Sub-totals , 22 , 315 $4,752, 941 24,147 $5 , 210 , 423 21 . 5% Administrative Expenses 1,021 ,882 1, 120 ,241 Special Fees 2 , 190 , 196b 2 ,190 ,196c Total Costs $7 , 965,019 $8 , 520, 860 B. CONTRA COSTA COUNTY PUBLIC DEFENSE PROGRAM 1991-92 Actual Costs: Public Defender $7 ,302 , 287 Conflict Defense 3 , 250,731 Less : Total Costs -10 , 553,018 Estimated Savings -$2 ,032 , 158 Footnotes : a-Includes 108 cases classified as "Other" in Contra Costa Co. b-San Mateo Co. said this was high because of the Hunt Case. c-Assumed same cost as San Mateo Co. , although there is no basis to believe special fees were that high. No figures were avail- able from Contra Costa Co. ~1590 Market Street, Suite 910 -.�an Mateo Private ==- Legal Ch allenges Are Likeh - _ ofender ProgramYy } = ` Used Under City DUI Billin} ue ue11 = . : : By SUSAN KOSTAL people will probably end up payisig tt:t bii _ ^':j' By SUSAN KOSTAL either because they % not _ - A prominent drunken driving defense at city's authority, or dant have tine San Mateo County's Private Defender Pro- torney is vowing to fight San Jose's plan to fight it on it principle."A lot of people wM 1' #~=gram is unique in two ways. One, says John bill those arrested for drunken driving an intimidated into : McInerne ,its executive director,"It's differ- average of $155 for the cost of "emergency " t Patine,' he said- McInerney, axc pie e". y g g Y Persanall anytime I see people bei &-e t than anyone does it in the United States." response" by police and firefighters. deprived of property or Ii witl>oa# += =.And two,after talking with judges,attorneys Santa Clara attorney Randy Moore, who process of law, I'm alarms" be sat = : and county officials, everyone seems to like it has as many as 800 drunken driving cases Those with competent counsel�will be a: "= that way. - - ---- - . - - pending at one time,said he has doubts about vised not to ay it.,, = _ - P - _ Well,there is one person county officials say the validity of the law and will advise his The city's program is ret-oacd-ve�B„ac• less than pleased. But District Attorney clients to not pay the fines. more said those arrested earlier this James Fox's gripe is not with the Private De- The new program is allowed under a.law may also be billed. fender Program, it's with the county. that went into effect in 1986. None of Moore's clients have'received Fox, who supports and participated in the Under the city's new emergency response bill yet as far as be knows, but when tom: ,__program before becoming district attorney, program, authorities may bill any motorist start pouring in this holiday seasoq M ocr admitted he is a bit jealous the private defend- whose intoxication causes them to violate the has promised to"take a real closelookati2 er program received $6.4 million this year, vehicle code and be arrested in such a way "I will not advise my clients to pay the s -. while his criminal department only got $5.8 that necessitates an "emergency response" mess I am convinced it's lawful..Andl6a:. from police, firefighters or paramedics. think it's lawful," he said.. The private defender program was formed in According to San Jose police, emergency Blackmore said he was dot ii[r z . 1968 by the county bar association.San Mateo response begins they as turn on their emer- Moore's promise to fight the prcgram_�.I'. " has never had a public defender program. gency lights or sirens. sure it will be chall " edged, he said.:�._ Even though this year's budget is 5500,000 "We welcome those chaIlengea."If'tlzc more than last year, Billed at Hourly Rate are unsettled issues, the cot= 'a W Set+ McInerney said,"all parties have agreed the Offenders will be billed at an hourly rate of them for us, and then we'll private program is less expensive"than a pub- about 535 to S38 dollars for each law enforce- "This is a new program, and rm. am Iic defender program, and, he would argue, ment or rescue person involved in the there will be policies changed dowa the Iii- more efficient. 'incident. We won't know until the warts sayyaz c. If an accident caused by someone accused do it or you can't," he said.'r` ` ' =' Tenth in a series on Bay:area district attorneys of drunken driving brings three firefighters, Blackmore said be has no Zv and public defenders. two paramedics and three pollee officers to . .billing those arrested for drunker,drivia: the scene,each who work on the case for two "This is not a form of ptm—sz moues. Compare it to Contra Costa County,be said, hours,the bill that would arrive about a week ly," he said. - --^--�r. which is of similar size and spends$7.3 million later would range between 5500 and S6W,said "But you get real bitter tow rd dr� each year to process 22.000 cases. San Mateo Sgt.Charles Blackmore,of the police depart- when go to a crash and see a dea County spends $6.4 million to process 24,000 ment's traffic investigations division. bodies. It makes you kind grt t 4►�c cases, The average bill will probably be approxi- you see it. County officials don't argue with figures like mately 5155. Blackmore said. Collecti,ans -this causes some to tt�h} that. But the program has not always enjoyed from the program will go to the city's gener- about it, (driving %-bile intrmicatedl im -...�.,.. -�„,.;�,: r.:•: .�...,�. ...:._,. ..,: •.,� �-;,_ .. al fund. saves someone geadmg a3Pdori What irks some attorneys is that the works, by gosh,we ye dow some g i . h .. ge is for those arrested. The city has said. determined that conviction or acquittal has .. ,_: �... q Blackmore and area attorneys said this i nothingto do with it, Blackmore said. more example Whew municiga ibes ar. one 1attorney'sfindinb ways of billing those they arrest;t It is the position of the city a :7t,� :� n;f�,. .,�. t " '. office that a hat guilty does not negate the try to recover-the cost of police and fir. response by the police department.The city departments. - - ----z- services personnel still had to respond. This Don Postelle,president of the 50-r is not tied in with the courts at all," Black- Santa Clara County Attorneys for C rLminz more said. Justice, said it is unfair to single out or Ci Attorney Joan Gallo has defended the City Y group, those arrested for drunken cu� practice on the basis of the state law. She for such treatment. �.r..,. notes the law allows a municipality to bill "My feeling is those people tpolice-am drunken drivers,a civil debt the community vers) get paid to do their lob.and if do theb 1 = *.• can recover without waiting to see if a person job as the supposed to, they are uc •. �"..•._: �,.. �-• Y are PPS -:. .. ... y+ :>ti:: �=' - is convicted. entitled to any more than they are paid. W, The bill goes to those arrested, not those pay taxes. That's what taxes are for," b stopped by an officer, Blackmore noted. said, . . ._�`- .: Moore said he was aware of the city's plans "Some fires are caused by nea!i;e=e,b<: y.-;:- for the grogram which he called"pretty out- hewe don't charge them to put it out." said ' wvr .� .•w wwa v •:Vtuu • .•vJ v..r♦ ..v ++•.Jw v •av.• ••v ----Q7,,T�+4� .... f�•'�•s�ill..t•s �..•--�.• �_._ such bills from other municipalities in the advise a client, but said he would be ''more • � valley,he said.The bills from San Jose were than willing to take a test case." r y,,,...-...�.r . _.._.,,.,,� .: ">-" .,- ",. .•.? , mailed last week. Attorneys whose practices concentrate:.: .�,.,..�;,• .t-, �� Of South Bay cities.Palo Alto.Santa Clara, drunken driving cases also said the Inas !Morgan Hill and Gilroy have similar poli- have become stiffer because legislators look yrX r•:r;; �. -�=.,f I cies, police said. But San Jose is apparently at stricter drunken driving laws as an easy the t city to have enacted the program. way to please fickle constituents. "In the past,,my clients just haven't pard Moore said the move is an example of a -+ John :McInerney the bills, and have met with no cone- "real hysteria" sweeping the county. quences. Nobody has had to pay it," Moore such hearty, unanimous support. said. Constitution flaking 'Back Seat'? Superior Court Judge William Lanarn re- "I can understand wanting to make a Ed Kuwatch, an Oakland attorney corsid - members when not everyone thought the pro- drunk driver pay, to deter drunk driving, to ered to be an expert in defending dr rken gram would fly. fund the investigation of drunk driving driving cases,said legislators just want the_: In 19%a loose system where judges appoint- crimes. But people are entitled not to be names an a bill that says they are agai ist ed private attorneys to represent indigent ca- deprived of their proper~y. Who is going to drunken driving, and sometimes the corsti- ents was becoming an unbearable act as judge and jury in these proceeaings? tutionality of an issue takes a back seat. administrative burden on the judges.'`It really "The presumption should be a person is Kuwatch said he hasn't rad any client; wasn't working that well." Lanam said. innocent until convicted or upon the entery of who have received a bill yet, but agreed it McInerney said the judges disliked the pa- a plea of guilty. The mere fact of arrest was foolish to even consider paying the bill per,,vork.and would sometimes approve ques- should not be used against them to take mon- until the case was settled. tiorable billings from attorneys: "It wasn't a ey or property from them," Moore said. That may not be easy for those billed by very good system.There was no one in charge, "If this becomes a general practice. I will San Jose authorities. Blackmore said that the county was losing money.It never reached do my best to stop the procedure," Moore offenders have 30 days to pay before the�r the scandal stage, but there just wasn't any said, although he acknowledged he has not case is turned over to a collection agency. control," be said. researched the issue in detail. "I don't see why they are billing just peo- After a series of hearings• it appeared the , :Moore said he won't drop his practice to pie arrested for drunken driving. RVhy not board of supervisors was leaning toward creat- take on the case solo."It won't be a cause—I bill bank robbers?" Kuwatch asked. ing a public defender's office. It wasn't just a can't take on the state Legislature.But I can Blackmore said the police department has question of money. It was a question of how to call it to the attention of the court and the sent letters to judges, telling them of the nex best serve the county's indigent. police agencies,and say that my interpreta- - program. Moore has also promised a letter- tion is that what they are doing is something writing campaign of sorts. Decision Clinched they can't do," he said. Once county judges have sorted throug^ A speech by a public defender from San :Moore said he would not balk at taking any the correspondence, it seems likely one o: Francisco clinched it for the county,according ! Municipal Court cases on the issue to the them will deal with Moore's challenge of r to William Schumacher,an attorney and coun- Superior Court on appeal. program."There will be a battle," the actor ty super-,r sor. Moore said he was cisaopointed that many ney promised. Bost of the county's bar leaders were at theJ ~. hearing when the oublic defender began extol 4 0aid.Ing the virtues of Sis department,Schumacher -� - r "Ile said they had all but eliminated jury Lawyers" ' .Not Repaying L and was bragging how much money they saved Elie county.he was the deciding€actor," U 7Schumacher said. The county `was not im C.ia � .S AttorneS Offic pressed with just a potential financ;al savings, J y,H and decided on what it thought was the best program available, he added. By JIM LEWIS his office has placed a lien on the Fede* Jim Dennis, an attorney who spearheaded Mcclatchy News Service court's payment to one"defiant attorney'=.�- ..;, the private program, convinced the board toSaCRAtitE,+'TO —Attention deadbeat law- was appointed to defend an indigent Pers' give the bar a six-month trial, Lanam said. If all other collection efforts yers who haven't paid your federal student * There was some strong opposition. The loans: If you see a guy wearing a badge driving warned, keep an eye on your house court didn't think it would work, but they were "No one should feel comfortable:;;that;?!' willing to give it a try," Lanam said. "The away with your car,don't get your rase out of �LevF-Ss d �.1 won't go after real property,.'';. ,., board, and a lot of lawyers, had doubts." joint. "We're down to the real deadbeats hJs' The board put Lanam in charge. He couldn't It will lust be a deputy U.S..marshal collect- we want to punish them. What we want)-Oidi offer the staff much job security,but he hired a ing the governments debt collateral. Lawyers are not the only ones who are en- may, is get their attention and w secretary and set up shop in an unused confer- coura ed to u > -:` -Y: .�Y .i:`�, f ence room in the Hall of Justice. uragedtoon y I�aYid Levi said Thursday that. Otsla, who heads the collec. U.SLanam scrounged up some borrowed furni- he has ordered his office's debt-collection:unit ms 's office, said that-,during ture and other cast-offs to-outfit the office. He in Sacramento to review all defaulted student T months 5375,000 in cash..hasL bete used his salary to buy an adding machine for loan cases and seize the car of any debtor who from student loan recipients�wbori the program so he could stay within his$504,000 ar , �. default. is able but unwilling' to make regular -_across the ..`We also expect to collect strebudettt The ome equally marginaam soon l offices,he payments. . .. 't_�----- delinquent-student loans through` said. 4 fug Offset program that was instit "There were. kremendous administrative Special Attention "'`" ;' year,".Levi said.."A number of_dea . problems," Lamm said. ""There was no teal But Levi said attorneys should pay particu-. dent-loan, defaulters will be,;v plan em ," L use. Other"Thercountie had made lar attention to his office's new policy, which 'When they learn that the IRS has attempts at it,but ane was doing it the way we does not apply to state administered student hietax d to the I}epartta� p� wanted to do it. We were taking on the whole loans.n this communitythere are four attorneys spay their defaulted student, �t*Student Ioan repayments-goy how The judges were very understanding, and who refuse to honor their commitment to pay,. 's loan pool,Levi.explained °erect their help as the program struggled to on their loans," Levi said. "One of these attor�' Cmc iis:not repaid is not available Heys drives a Cadillac in defiance of his duty to .:dent loans;-,= . feet. Lanam was putting in 12 to 14 hour days seven days a week, he said, working on repay the society for the benefit he has S,4 ,.• received. Profeui aL Tunes <Dea cases himself when conflicts or a shortage of « - 'Itis unfair to the young All four of these lawyers will be taking the r have an education because volunteers presented problems. t bus to court as a result of our renewed deterrni er o'hey But within six months,Lanam had convinced = 'student refuses to repay nation to make them pay up." See Back Page—PRIVATE Levi would not name the liwyers,but be said sand ' �1 - Monday, December 7, 1987 Private Defense in San Mateo Continued from Page 1 McInerney said that because the county is county officials it would work. He has a some- not dealing with a harried, overworked public E i s si o n e r Says what dusty file of supportive letters from defender program, it is probably easier to a judges to prove it. defendant to get a free attorney. "That's what :areful to indicate in a tentative ruling it is "They were all just really impressed with the county complains about," McInerney said. ped fu to i opposition papers having been the program and the operation. They were Art Bernstein,management services coordi- sed o an attorney will know immediately n really sold by that stage," Lanam said. nator,said county officials"continue to be sat- if :>ers filed did not reach the court. Lanam was the program's administrator un- isfied with the program. That's why we larrington is a graduate of the University of til he was appointed to the municipal bench in continue to renew our contract with the bar. rnia and Hastings College of the Law who September 1970. We think it's cost-effective. Liioifoas deputy county counsel for 17 years He continues to contend the private program "I don't know of anyone who is against the :ore becoming a probate commissioner in gives a high degree of service, and speaks program," he said. critically of public programs, which are often However, the county is concerned with the 6 forced to hire inexperienced recent graduates ever-increasing cost of provide good defense because of the relatively low pay, he said. attorneys to the indigent, Bernstein said. "We Alameda County Events "All you get is a bunch of incompentent law- don't see a problem with the (private defend- yers serving the indigent. The private bar er) prrq-am, but the rising costs of defense, would have a much higher quality of defense. which is a nationwide problem," he said. Tuesday, December 8 The program has only faced two malpractice The Livermore-Amador Valle Bar As- suits, McInerney said. Both were dismissed. Budget 85 Percent Fees- — — y We tend to think highly of it, said Superior McInerney said overhead consumes about 10 sociation holds its 1987 Board of Directors Court Judge V. Gene McDonald, who partici- to 15 percent of the annual budget. The rest :Meeting.Begins at 5:15 at the law office of pated in the private defender program before goes toward attorney fees. = John W. Noonan. 1171 Murrieta Blvd.,Liv- being named to the bench. The pay scales vary depending on actions_ ermore. Information: a29-0693. There are several advantages possible with required for indivival cases, but according to the private defender program that just aren't estimates, attorneys get about $100 for a mu- Wednesdar, December 9 practical in public defender offices, he said, nicipal court case, $150 for a superior court One lawyer can handle a defendant's ar-. case,with other hearings,motions and disposi- The Alameda County Democratic Law- raignment in municipal court, the preliminary tions paid at a per diem rate. - ye• ub holds a noon luncheon meeting hearing and all superior court matters. In a .AMHon. Bill Lockyer speaking on the public defender's office, a client might ulti- When McDonald participated in the pro- Cor .AM. Update"at Gallagher's mately have four or five lawyers, McDonald gram, though, you couldn't make a living at RE. ,rant, 86 Jack London Square, Oak- said ... it," he said. land. Information: 83g-5708. "It is not easy to convince a client they are Now things are different. McInerney said The Inter-City Express holds its Annual getting super service when it is fragmented there are probably some attorneys who do Christmas Party.Begins at 5:30 at 125 12th like that," he said. nothing but private defender work. St., (12th & Oak Building). Information: "It puts the lawyer in the position of knowing to- Lenny Becker, Esq. 782-7450. - the case from the outset.He or she doesn't have Mclnerney.h id run the program since s the The Lawyers Club of Alameda County to rely on somebody's notes. And it gives a ben county d said it ll continue as long as the holds its Annual Christmas Dinner.Begins feeling of continuity.The client feels he is rep- county and y doesll have him. It (.the pro- at a p.m. at the El Caballo Restaurant in resented by an attorney, not just a system," gram) .really does'run incredibly smoothly. Jack London Square, Oakland. Informa- McDonald said. Since I run it, I'd be apt to say that,' he said. tion: Lenny Becker, Esq. 782-7450. But McInerney said it could run this well 'Super-Qualified' Lawyers anywhere. People from around the country Monday, December 14 McDonald said he has found all the lawyers come to find out about the program,which was. recognized by the American Bar Association in participating in the program "super-qualified. 1971 for its innovation. The Berkeley-Albany Bar Association 'These are the same attorneys who represent. holds a noon luncheon meeting with Mad- people who can afford a private attorney." But so far,no one else has a program like San eline Kronenberg speaking on the topic Because a pool of 135 attorneys is handling Mateo's, he said. '•Law Office Automation and Staff Train- the cases instead of a smaller staff common at "It seems to run well in this county. I don't ing" at the Mandarin Garden Restaurant, public defenders'offices,the program can eas- know why it wouldn't work in a larger county. 20`x5 Shattuck Ave., Berkeley. Informa- ily handle a sudden increase in cases,Mclner- You need a strong bar, supportive judges who tion: 548-8469. ney and McDonald said.A huge increase could agree with the program and an enlightened cripple a public defender's office. Board of Supervisors," he said. . Want to pass the February Bar Exam___ ? Enrollment is limited to 35 students • JULY1993 PROPOSAL FOR THE REPRESENTATION OF i NDIGENTS IN CRIMINAL ANDDEPENDENCY CASES PACE 6 • ATTACHMENT C MONTHLY • Madonne $7561.43 Gray 7561.43 Kotin 7561.43 • James 7561.43 Mariano 7561.43 Headley 7561.43 • Sarfan 7561.43 Caldwell 7561.43 • Scanlon 7561.43 Levine (Sup) 7561.43 Veale (ADO) 7561.43 Reed 7611.43 • Weiss 8005.25 Dothee (Sup) 8005.25 Chapot (Sup) 8005.25 • Bradley 8005.25 Egan (Sup) 8602.83 Coleman 8602.83 • Brown 9313.83 James (Chief Pub. Def.) 9525.33 • • TO: The Contra Costa Board of Supervisors SUBJECT: Public Defenders ' Office; A.D.O. ; and Alternative Plans for Defense of Indigent Persons FORUM: Contra Costa County Bar Association Ad Hoc Committee opposing the Public Defenders ' Office and the Alternate Defenders ' Office. The following is a comparison of the cost to the County of Contra Costa of the present Public Defenders ' Office and the Alternate Defenders ' Office system as compared with the San Mateo County Private Defender Program, showing the savings to be effected by use of a Private Defender Program. It is suggested that the Contra Costa County Board of Supervisors investigate fully this proposal . • PROPOSAL FOR THE REPRESENTATION OF INDIGENTS IN CRDIINAT AND DEPENDENCY CASES In march of 1993 the Board of Supervisors invited members of the private bar to present a cost savings alternative to the present method of criminal representation. In response to this invitation, the following proposal is offered to Contra Costa County as an alter- native to the existing public defender system. Our plan will save the county more than two million dollars per year. This cost savings is verified by a comprehensive and ob- jective comparative study prepared by N'el Hing. Nor. Hing was respon- sible for the defeat of an alternate public defender's office in Alameda County several years ago. His cost analysis proved to be • unassailable in favor of the private bar. The anticipated two million dollar per year savings to the county is accomplished by a super-efficient system of administering indigent legal representation modeled after an identical program currently in use in San Mateo County (hereinafter the San Mateo "lodel) . Attached are articles commending this system and recognizing the superior cost savings to the county compared to a public defender system. Contra Costa County recently added another branch to the Public Defenders' Office with the intention and hope that this would result in a savings to the county. The forecasted savings were based on a con-gxarison between the former system, wherein the Criminal Conflict Pro- gram handled cases unsuited for the Public Defenders' Office. Thus, a two-tiered public defender system was created, the second tier being • the Alternate Defender Office (ADO) . Prior to the creation of the ADO, there was no in-depth, comprehensive study performed to analyze the Page Taco • the fiscal consequences of this change. The County rushed the ADO program through without conducting any financial impact analysis. more important, there was no effort made to explore other models of meeting the county's requirement of providing indigent legal services in order to determine the most cost-effective alternative. Indeed, the last formal study of this issue by the county was ccM.Pleted on August 8, 1988. That study made by the county recommended against adding another public defender agency like the current ADO! ! ! There are significant risks and drawbacks to the county's Public Defenders' Office which do not exist with the San Mateo rbdel. Concerns have been raised about conflicts of interest in having two criminal defendants in the same case being represented by a too-tiered • nublic defenders' office. There has been no appellate court review of the legitimacy of this change, which, if rejected, would lead to enor- mous costs to the county in dismantling the present ADO program and relitigating cases that were reversed as a result. From a budgetary standpoint, the most unsettling risk to the county is the power vested in the present public defender to demand additional funds from the county by refusing to take cases due to "work- load conflicts" (i.e. , too many cases to handle effectively at one time) . This scenario in fact occurred several years ago; it can happen again i:Aien the public defender feels overloaded. The Public Defenders' Office was successful in forcing the county to allocate more money to its office. The consequence of this strike action (in addition to the increase in money for its budget) was the additional emergency funds needed to retain • private counsel to handle those cases refused by the Public Defender. Page Three • By giving one individual (the Chief Public Defender) control over both the Public Defenders' Office and the ADO, the Chief Public Defen- der is in a strong position to demand more funds from the county. Such a threat is non-existent with the San Mateo model since it is composed entirely of individual private attorneys. Unlike our Public Defenders' Office, in San Mateo County there is no authori- tative head with the power to prevent other members frCM taking cases. Additionally, the California law providing for workload conflicts applies only to public defender offices---not to programs baser', on the San MIateo I�bdel. Our proposal is backed by the Contra Costa Bar Association and a significant majority of the private bar. This is an opportunity for the county to adopt a highly efficient system that has been tried • and tested and one that will produce significant savings novo- and in the future. We invite you to read the following reports and see for _yourself just how viable and fiscally sound this plan is. • TABLE OF CONTENTS 1. CASE TRANSFER 2 . PUBLIC DEFENDERS' BUDGET 3 . GRAND JURY 4. MEL HING'S ANALYSIS 5 . SAN MATEO COUNTY • s 1 CHARLES H. JAMES Public Defender, Contra Costa County 2 BY Deputy Public Defender P Y 610 Court St. 3 artineZ ,California 94 591 4 Telephone: (510) 646-2481 5 6 7 WHOM . 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 112940 9 IN AND FOR THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA FEL 10 2940 11 THE PEOPLE OF E STATE OF CALIFORNIA No 922493-7 TH Ve ) MISD 12 RICKIE WAGNER ) CASE TRANSFER TO ALTERNATE. 1:12945 ) DEFENDER OFFICE 13 9 ) Defendant ) 602012947 14 Dfdt ) P.D. File No. D92C-0811 15 300 SUZANNE J. CHAPOT states that: [],947 16 The undersigned is a Deputy Public Defender in the County of Contra Costa, State of California; the SUP.CT. 17 E-11940 18 Public Defender's Office or Cost Recovery has taken a financial statement signed by the above-named LPS 19 applicant for representation; and, that it appears from said statement that applicant is not financially able 1:12943. 2 0 to employ counsel. The Public Defender's Office accepts representation of the above-named defendant. CIV, 21 For administrative r Eieasons, this case is being transferred to the Contra Costa County Alternate ❑-946 22 Defender Office. .APPEL. 2943 23 I declare under penalty of perjury that the forgoing is we and correct. OTHER 24 Dated: September 28 , 19 92 at Martinez , California. 1:12940 2 5 26 Branch S i r (Affiant) • 27 28 White - Court Green - CAO-CJA Canary - ADO client file P.D. TRANSFER NO. DA-0012 bs Pink - PO client file Gold - PO conflict file (Maw Office) VORMSNADO7RANSFRM rcv.9µ,92 N .. .. .. U 1. \. ZW 010,0 N,o0 co S NNSO,Ocotl_S 01 O,O O O N\0 O OM 1l1,f'1 M '00:.:::.0 O' wrr mm0 SNI- UA.::h :':U1h�r-O•-1��0::,0 SOSSm,0,0a0�ONS O 00:.:::0 frw :u1,00 : Or-N 17.:M' .:W.-,Ou10S,ON rn NNNOCOhN00hN M 00:. 0 O .....::`..:.:... . W:..:..... .I.11a• ..NO:. •- r5 NSOU1Nr...�p Sr r-r .:OtaOMS :00::::.0 O 0..:.:::.::::>:�::':::. . 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' CU i:: ALL' < : :NN li:::: > :: UUa' O - : : f..;::;: -o 0000;: 0f- ooU�Oa00::'::i:: U UU:::::OI-- o > ::::::.:.::.: 000 : : Uz, zE 000w0000: ; : w wW::::rri::: W...Ww::.=w :; «:: z: :: ;ra :;: a COUNTY-BY-COUNTY MONTHLY SALARY COMPARISON BASE SALARY ONLY Contra Costa Santa Clara PD 1 3504 3436 3609 PD 11 4303 5231 4029 4377 PD 111 5282 6420 4815 5308 PD IV 6069 7377 5854 7286 Contra Costa Solano PD 1 3504 3084 3750 PD 11 4303 5231 3778 4593 .PD 111 5282 6420 4576 5562 PD IV 6069 7377 5042 6129 Contra Costa Sacramento PD 1 3504 3061 PD 11' 4303 5231 PD 111 5282 6420 4992 PD IV 6069 7377 PD V 6067 Contra Costa Marin PD 1 3504 3383 3555 PD 11 4303 5231 3920 4137 PD 111 5282 6420 4435 4673 PD IV 6069 7377 4803 5328 PD V 6127 6813 PD VI 7163 is maximum Contra Costa Fresno PD I 3504 2394 2909 PD .II 4303 5231 3078 3741 PD III 5282 6420 3707 4506 PD IV 6069 7377 4129 5018 Senior 4339 5273 Contra Costa Los Angeles PD I 3504 3500 PD II- 4303 5231 4200 PD III 5282 6420 5400 PD IV 6069 7377 6000 Contra Costa San Diego PD I 3504 3151 3547 PD II 4303 5231 4210 4872 . . PD III 5282 6420 5068 6160 PD IV . 6069 7377 5758 6997 PD V 6483 7878 Supervising deputies in San Diego County are all PD V' s--they are not paid any additional salary for supervising ; this is considered part of their job. COUNTY OF CONTRA COSTA BUDGET UNIT: PUBLIC DEFENDER STATE OF CALIFORNIA FUNCTION: PUBLIC PROTECTION BUDGET UNIT FINANCING USES DETAIL ACTIVITY: JUDICIAL FOR FISCAL YEAR 1992-93 FUND: GENERAL BUDGET UNIT NO. 0243 Purpose Statement To represent juveniles and indigent adults in court proceedings as required by law. Financing Adj'u'sted Requested Recommended Uses/Sources 1991-92 1992-93 1992-93 Salaries--&--E-m-p-l--Benefits--- ------6,_5_73,_7_18- ------_7_,_770,_5_70- ------6,6_3_4,8_3_2_ Services And Supplies 504,978 647,698 512,315 Other Charges 4,000 4,000 4,000 Fixed Assets 13,375 11,850 11,850 Financing -45,935 -45,935 -45,935 --------- -- - ---------- --------7 .NET COST $------ - - 7,050,136 8,388,183 $------7,117,062 POSITIONS 97 97 80 Service Program Explanation 1. Legal Defense - Provides counsel , advice, and investigative work as needed in mandated legal representation of indigent adult defendants in criminal proceedings; of juveniles in Superior Court upon appointment by the Court or request of the juvenile; and of persons involved in mental illness proceedings and probate guardianships. These legal services include the operation of an alternate defense unit which is beginning to handle cases, which would otherwise be handled by outside attorneys. COUNTY ADMINISTRATOR'S COMMENTS AND RECOMMENDATIONS Summary of Department's Budget and Budget Reduction Plan The department's request includes funding for the continuation of Public Defender services at a maintenance level . The department's reduction plan includes deleting five Deputy Public Defender IIIs, six Deputy Public Defender Hs, five Deputy Public Defender Is (two of which are vacant) , one Public Defender Investigator 1, four 90-Day Special Assignment Attorneys, one vacant Clerical Supervisor, and one vacant Public Defender Investigator Assistant. The plan also continues the practice of offering leaves of absence without pay to Deputy Public Defender IVs and additionally Deputy Public Defender IlIs. This option is considered a benefit to employees and will be offered on a base-by-case basis. Leave of absence of high level attorneys allows the department to back-fill with 90-day temporaries and achieve savings in the difference of their salaries. Two Deputy Public Defenders will be transferred to the newly established Alternate Defense Unit. 69 PUBLIC DEFENDER BUDGET UNIT 0243 (Continued) County Administrator's Recommendation It is recommended that the budget reduction plan be approved. In order to prevent workload conflicts, the department will attempt to reduce the number of,active cases in the system prior to reducing staff. Therefore,. the major departmental cuts will 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. Should client referrals not decrease, the department will discuss the issue with the County Administrator so that a satisfactory solution to workload can be achieved. Cancelling the clerical position will..require the Richmond clerical operation to be assigned to a supervision attorney. Cancelling the Investigator Assistant position will increase the workload of the Investigators. Thirteen of the seventeen employee cuts will require lay-offs. Phase II cuts would require additional staff reduction. In order to mitigate the ever-escalating cost of conflict defense, the Public Defender will transfer two attorneys to the Alternate Defense Office. This action will allow the Public Defender to defend more cases which would otherwise be conflicted out at a much higher cost. The department feels that it will be able to absorb these two attorney caseloads with the remaining attorney staff. 70 ' N e.,• n'- `�` j•s:�. ..ham= �Y'�' y.. r•. LQ 04 ce) M 00 �- v 00 r ''? �\� .. 1 N Qi M u7 06 0 N r 0 Z 0 LO M 0 CO icli47 Q L r r 0o co O) —_ st �- N r 01_ _ LL ►n OO O U') ;: - rn� Q st O N r co :3' < LO (r0 N N N 0') QT� Q et N M N r Q r N W = �. Cl �I m W of w "' r° C r LL LL L` r N W w 0 0) z M 0o r to 1l r V O O M 00 M Q1 N Q r M r O . J T 0) O r N • T d7' ' V M N r r M 1D W rn w `r' CV) (Ov coTrn V � � r r F- c 0 0' o � co r- coo � u(Oi M 00 N T c0 V m Z N O O Nt N M N N r N c9 LO LO co � 000 N E W E r fn M 0 N r V` �T (, M Ul) O 00 O M LO M 0 0 00 r Q M O M r CD T T J co 00 st 0o LO LO M LO M Mt M N LO N N r N r- N N O Z CL Q _CD CD � C •C L L Z o N > w o LL O F- Q 'COUNTY OF CONTRA COSTA ;BUDGET UNIT: CONFLICT DEFENSE SERVICES STATE OF CALIFORNIA FUNCTION: PUBLIC PROTECTION BUDGET UNIT FINANCING USES DETAIL ACTIVITY: JUDICIAL FOR FISCAL YEAR 1992-93 FUND: GENERAL BUDGET UNIT NO. 0248 Purpose Statement To provide for the legal defense of indigents in criminal and related cases that the Public Defender cannot represent because of a conflict of interest. This defense is required by state statute and case law'. Financing Adjusted Requested Recommended Uses/Sources 1991-92 1992-93 1992-93 -------------------------- --------------- --------------- --------------- Services And Supplies 31050,000 3,050,000 3,050,000 Financing NET COST $ 3,050,000 $ 3,050,000. $ 3,050,000 POSITIONS Service Program Explanation 1 Indigent Defense Services The legal representation of indigents in conflict cases is provided by appointed private attorneys. In fiscal year 1983-1984 and before, such counsel had been appointed directly by a judge. Since July 1, 1984, appointment of counsel has been made by the Contra Costa County Bar Association under contract with the County. In addition selected cases require the appointment of counsel directly by the judges which also represent a mandated County cost. COUNTY ADMINISTRATOR'S COMMENTS AND RECOMMENDATIONS Summary of Department's Budget and Budget Reduction Plan The requested budget represents no increase in funding over fiscal year 1991-1992. It permits continued funding of the Bar Association's contract to handle new conflict cases and provides for payments to attorneys appointed directly by the courts in selected cases. County Administrator's Recommendation It is recommended that this budget be approved as requested. The County Administrator's Office has successfully negotiated a contract extension for 1992- 1993, which employs the fee schedule established in 1990-1991. In addition, the ' Public Defender has established an Alternate Defense Unit. As this unit is expanded the cost of conflict defense will decrease. 74 CRIMINAL CONFLICT PROGRAM TQTAL NUMBER OF CASES RECEIVED BY MONTH FISCAL YEAR JULY 1, 1991 - JUNE 30, 1992 JULY 1991 243 AUGUST 1991 196 SEPTEMBER 1991 200 OCTOBER 1991 244 NOVEMBER 1991 154 • DECEMBER 1991 183 JANUARY 1992 234 FEBRUARY 1992 205 MARCH 1992 202 APRIL 1992 228 MAY 1992 177 JUNE 1992 172 GRAND TOTAL . . . . . . . . . 2, 438 • .O In Q1 O N O 101 l() CD cf C`D to W h I� N r Cn O 0 r9 > O r f` Ch N _ O N O U N ~ clallU ~ ¢U O p r sr r O n NrO O Q O n N m O r N ll) CO Cq OD O Cl) r r sf O CSD:.... fD O CM O u Cl) O O lA (O CO N 'ct (D O::is i:: N C\j _ cu > O > X. Q O Q LO S C7 O (D N O Cl) (!1 O O (D (1') (D:3:z? O) J [7 01 ^ LO CO CO (n r N Cv J N C7 CO In O r O N n ii r co Ch C7 O F- N I Q r tD N N CO co co CA0 DO) 0 XXH O Cl) etO (D t, CSD Cl) r O V /D N C', O ::; O) C N O) C 7 cv 0 — m CD It O) cOD C7 — 0 (D O CD N O O 0:::i::: O N O)� O O r O N CO CD C CD O O I (n ch N O Q N Q T 9) r O co r O 00 CD N CO O O to M n CD N r N N f� O:::::: N O n :::: r -v co N (a7 CD r co N r (D lf1 lA CD O::-::; m C7 ::,* I co N 0) N i::>:: O 01 p� O r V (D a M M r- O Cn N O O r co O O V N O O O N ^ O O O :: r CO N V `7 O N N N In co CC') co O N cu;, O lL N m O pp pp LL p r N N CA CAN 'R tn O O 1D O N N 0 0 t� lt7 CD u'f r 0 (A n (h ;.;�:;:: cO cl r D> N 01 N;:;:::i: 0 co I • O CD _ O O co (D N O O O O N_ O r N (h P V N N O N 0:: k: O U r v (D C7 C7 aD N O U r (A (D co V to CO ;"." N OI 00 i m � Wo O O N N l[) lD 1� n O O O) CD N O O +- tD N C7 O) (!1 ((p� Cp O (A?;<::� r' i� C7 C7 CO N O) > CC7 O N N CC) lL')::::` N N Z I O C) Z r N (n OT W co� O O [7 co (� N O O N n O O (A 1� r C7 lA (D In Ln tD CO (n CO v W v O':'fs'�: O N O N O) O CD rOC7h v 7O CA00 O) ONi 00 " N CY N 00mI� O`. .,>.I". d N O m O O 010 O w n p r COCO rl Ch N O m 0 N Cn C7 lD Ch C7 O N c7 IT CDr IT CO N co m n �Q N �Q O O co r p m O r O 4 N O O r o [O (f! O O O N co C7:�::::::': 0:::::::�::'• r tY co •? n N N r (A (A cD @� Cn co O' O O �� U (D J m J::;: Q U m m CN O _m O C H .Z 'C:::::::; J m y m m (D ,� y CD © 'O O j 0:::::w CD i:::E Q O LL Z O E F- 7 LL Q C :: >>:::>:w > v � E _ w � � m o f LL Q o ro .2 U) mom :° > E z Q � •� 'a m (Dro 3 E o >:::::w > tZ • Q •- E s _� o � � �° Q - E Leo -5 f � :° z<:>'3:0 �a <::w ;o U o F— m o o F- CD Q::::<w ro 3 ¢ m (no o:>r:>::LL o U = I I — a Vit ~ c7 U = r � � � 3v m ►- F- � O G V N N N N N N ^ V C, J Q (d f0 (Sf /4 (0 (0 00 CV N N co l9 R{ lC (C1 (C I m vvvv ig � � � � a � a � � . l � Grand Jur }r 1020 Ward Street y ll a Martinez,California 94553 Costa County 'C c1 ST1-C.--N 19 March 93 Allen Williams, Esquire 1901 Railroad Ave. Pittsburg, CA 94565 Dear Mr. Williams: The Grand Jury recognizes and appreciates the time and effort you expended on our behalf providing us with the Conflict Panel's Ad Hoc Committee's views regarding an Alternative Defense Office (ADO) within the • pale of the Public Defender's charge. As you know, the Grand. Jury is prohibited from discussing investigations in progress; be assured that when a report on the ADO is filed,we will provide you with a copy. Again, let me express the gratitude of the Grand Jury for your efforts. Sincerely, Annemarie Mulligan Goldstein Foreman • CRITIQUE OF GRAND JURY REPORT r• It is the position of the Ad Hoc Committee of the Conflict Panel of the Contra Costa County Bar Association that the report and recommendation of the Grand Jury regarding the Public Defender's Office and ADO is both incomplete and inaccurate. Said report is nothing more than a white wash of the current recommendation of the Public Defender and the County Administrator. It was pointed out to the Grand Jury that the Public Defender and ADO counts cases handled in a manner completely inconsistent with reality. Each case that is transferred from Municipal Court to Superior Court on a defendant being held to answer, is counted at least twice. If a defendant fails to appear at any state of the proceeding, the case is counted again when the defendant is • apprehended and proceedings are re-commenced. We do not criticize this method, except that it cannot be compared with the private bar case count which counts a case as one case from beginning to end in both Municipal and Superior Courts, and whether or not a defendant fails to appear. As can readily be seen, the Public Defender and ADO counting method results in a disproportionately higher case count and a lower per case cost. This method should not be compared with private bar cost for any purpose. The grand jury did not compare the Public Defender and ADO plan with the San Mateo Private Defender Plan, which was furnished to them. The savings to the County appear to be very large and the per case cost is much lower under this plan. The Grand Jury was asked to defer its report until the • committee could furnish it with Mel Hing' s report. The Grand Jury failed to do this. Clearly, Mel Hing's study shows a large savings to the county using the San Mateo Plan and should have been considered. The enclosed Grad Jury Report should be considered with the San Mateo Plan and Mel Hing' s Report. • • A REPORT BY THE 1992-93 CONTRA COSTA COUNTY GRAND JURY 1020 Ward Street Martinez, CA 94553 (510) 646-2345 Report Na. 9307 CONTRA COSTA COUNTY ALTERNATE DEFENDER OFFICE Approved by the Grand Jury: Date: AAnzemarnie Gol in n Jury Grand Jury F an Accepted for Filing-. Date: Ci Richard S. Flier Judge of the Superior Court • SECTION 933 (c) OF TH-E CALIFORNIA PENAL CODE Sec_ 933_ Findings and recommendations; com— ment of governing bodies, elective officers, or agency heads (c) No late than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public az=cy shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elective county officer or ascncy head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors,on the findings and recommendations permininD to matters under the control of that county officer or agency head and any agency or • agencies which that offices or agency head supervises or controls_ In any city and county, the mayor shall also cotnment on the findings and recommendations. All such comments and retorts shall forthwith be submitted to the presiding judge of the superior court who impan- eled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the cleric of the public agency and the of—ce of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years. (Added by Stats 1961, c 1284, § 1. Amended by Stars 1963, c 674, § 1: Sra:r.1974, c. 393, § 6; Stat.1974, c 1396, § 3,- r Stats-1977, c 107, § 6; Stars.1977, c 187, § 1: Stam 1980, c 543. § 1: Scats 1981, c 203, § 1; Stars 1982, c- 1408, 1408, § 5: Stars 1985, c 221, § 1; Scant 1987, c 690, § 1: Stars 1988, c 1297, § 5.) Former § 9:3. added by SmLs.1982, c 1=08. § 6, amended by Stats.1985,c_'21.§ 2,cpera6ve Jan. 1. 1989,was r.-paby Stats.1987, c. 690. § 2. Farmcr § 9:3. added by Scats_1959, e 501. § ? was repealed by • Stau.1959. c. IS! § 3. CONTRA COSTA COUNTY ALTERNATE DEFENDER OFFICE Report 9307 BACKGROUND: In criminal court cases wherein there is more than one defendant, circumstances exist which would create a conflict of interest. When one defense attorney represents two or more defendants, an alternative criminal defense systeda Must be present. An example of the circumstances necessitating this alternative criminal defense system would be when two or more defendants are charged in one case and one of the defendants agrees to testify against the other(s). In Contra Costa County, until recently, the alternative defense need for indigent defendants was addressed exclusively by the courts through the appointment of private attorney members of the local bar association to represent them. The private attorneys' fees were paid by Contra Costa County. In the latter part of 1991, the Contra Costa County Office of Public Defender established an Alternate Defender Office (ADO). The positive theory of the Alternate Defender Office was to provide a legally sufficient, effective and ethical defense mechanism which would be available to indigent defendants in the Contra Costa County defense system at a lower cost to the taxpayers. An economy of expenditure with a balanced maintenance of service quality was and is particularly important during this time of fiscal shortfall for all public agencies. Systemically, the ADO is composed of county-employed attorneys who are assigned cases which cannot be defended by the regular Public Defender attorneys because of conflict of interest. Private attorneys are still utilized in this program, but to a lesser degree than in the past. A need still exists in some cases-.of conflict of interest which may involve both the Office of the Public Defender and the ADO. The operations of the ADO are directed by branch supervisors, who exercise sole control in decision making as it affects tactics, direction of attorneys and allocation of most resources in the conduct of the cases assigned to the ADO. An office manager reports to the Public Defender. ti The ADO theoretically precludes the possibility of conflicts of interest in cases represented by the Office of Public Defender through the concept of legally- sufficient "ethical walls." The "ethical walls" theory, which is advanced by the Office of Public Defender, would permit the ADO to handle cases "conflicted out" by regular Public Defender attorneys. This is done by preventing breaches of confidence. The client-attorney confidence would be preserved by devices designed to maintain professional ethics. These devices include: • ADO offices separate in distance from regular public defender offices. • An independent communications system for the ADO. • Branch supervisors who are solely responsible for the conduct of cases. • Access to ADO client files which is only available to ADO personnel. FINDINGS: 1. For the first seven months of fiscal year 1992-93: • The total of public moneys spent on defense of indigents in Contra Costa County was $7,791,481. • $4.559.022 or 58.51% was spent on the Office of Public Defender. • $2,557;059 or 32.81% was spent for private bar association attorneys. • $675,400 or 8.66% was spent for ADO conflict expenses. 2. For the first seven months of fiscal year 1992-93, the cost per felony case defense assigned to the private bar was $1816.05: the cost per felony case defense handled by of Office of Public Defender was$1110.64. 3. For the first seven months of fiscal year 1992-93, the cost per misdemeanor T case defense assigned to the private bar was $305.44: the cost per misdemeanor case defense handled by the Office of Public Defender was $184.57. 4. For the first seven months of fiscal year 1992-93, the cost per juvenile case assigned to the private bar was $929.00: the cost per juvenile case handled by the Office of Public Defender was $452.1.7. 2 5. The legal concept of "ethical walls" which had its etiology in the case of Castro v. Los Angeles County Board of Supervisors (1991) 232 Cal. App. 3d 1432, is a subject of debate among public and private attorneys. The public attorneys of the Office of Public Defender argue that the concept is valid for a public defender's office ADO program. Private attorneys argue that it is inappropriate in the present circumstances. An ADO program has existed for some time in San Diego County, but apparently no case decisions have arisen which would nullify the implementation of "ethical walls" in the structure of an ADO program like Contra Costa County's. 6. On April 1, 1993, Presiding Judge Richard L. Patsey riled under Section V. of his decision: Disposition The motion by Conflicts Amicus to strike brief and declarations is denied. The Court finds that James-Nolan have met their burden of proof that the architecture of the indigent criminal defense system in Contra Costa County does not create a substantial risk nor does it support the inference that any represented defendant in that system is denied due process of law, nor denied his or her Sixth Amendment right to counsel by virtue of that system. Were the matter to proceed to a trial, the likelihood that James and Nolan will not prevail on the merits is negligible. CONCLUSIONS: 1. Thus far, the ADO program has proven cost-effective and capable of conserving scarce public resourceG while providing a professional level of public service. 2. There is presently no known legal restriction, either statutory or in: case law which impedes the implementation of an ADO program. 3. The ADO program, still in its infancy in Contra Costa County, needs to be monitored for an extended period in order that a longer-range evaluation can be made of its efficiency and continuing cost-effectiveness. 3 RECOMMENDATIONS: The 1992-92 County Grand Jury recommends that the Board of Supervisors: 1. Continue its support and overseeing of the Alternate Defender Office of the office of Public Defender. 2. Evaluate granting official departmental status to the ADO. 3. Require the monitoring of case decisions arising out of ADO-defended cases, ,either in this county or elsewhere in the state. COMMENT: It is the opinion of the Grand Jury that the Board of Supervisors and the County Administrator should be commended for their forward-looking approval and overall direction of the ADO office of the Public Defender. As it progresses into its second year of operation and faces operational and legal challenges, the program concept is worth exploring to its greatest possible potential. 4 Date: May 12 , 1993 To: Criminal Conflicts Panel Contra Costa County Bar Association From: Mel Hing ktc� , Subject : PRIVATE DEFENSE PROPOS L FOR CONTRA COSTA COUNTY As requested, here is my initial cost estimate for implementing the San Mateo County Private Defender program in Contra Costa County . Data for this report was provided by the two counties . For more than 25 years , San Mateo County has contracted with its County Bar Association to provide private defense services for indigent defendants . Their current contract provides for three categories of payments consisting of case fees , administrative expenses and special fees . -- Case fee payments are based on a schedule of fixed rates for five types of cases : Superior Court , Municipal Court , Mental Health (pursuant to Lanterman- Petris-Short and Developmentally Disabled laws and the Welfare & Institutions Code) , Juvenile Welfare (pursuant to Section 300 of the Welfare & Institutions Code) , and Juvenile Court . • -- Administrative expense payments are calculated at 21 . 5 percent of total case fee payments . -- Special fee payments are based on actual costs for cases involving multiple charges , unusually complex issues of law or facts, novel issues of law requiring complex motions or writs , or which require extraordinary demands upon an attorney's time, efforts and skill . An example is San Mateo County 's Hunt Billionaire Boys Club case . The number and cost for these types of cases would be difficult to predict . To estimate a cost for implementing this program, I applied the payment categories to comparable case types in Contra Costa County for 1991-92 , the nearest completed fiscal year . Attached is my worksheet showing the results and comparison with the actual cost in Contra Costa County for that year . The 1991-92 estimate indicates a possible savings of 2 million dollars or more for Contra Costa County, if the San Mateo County Private Defense program had been implemented that year . However, before drawing conclusions , there are other factors to consider, including the need to further test and verify this estimate and to make projections for 1992-93 and beyond. At this time, I • recommend that you discuss this information and the possibility of a private defense program with Contra Costa County before proceeding further. 1991-92 COST ESTIMATE AND COMPARISON OF PRIVATE v . PUBLIC DEFENSE PROGRAM IN CONTRA COSTA COUNTY A. SAN MATEO COUNTY PRIVATE DEFENSE PROGRAM San Mateo Co . Contra Costa Co. ------------------ ------------------ Case Types Rates Cases Costs Cases Costs Opened Estd. Superior Court $474 1 , 296 $ 614, 304 1, 266 $ 600 ,084 Municipal Court $207 16, 469 3 ,409,083 18, 233a 3 , 774,231 Mental Health $235 898 211,030 924 217 ,140 Juvenile Welfare $347 596 206 , 812 976 338 , 672 Juvenile Court $102 3,056 311, 712 2 ,748 280 , 296 Sub-totals 22 , 315 $4, 752, 941 24 ,147 $5 , 210, 423 21 . 5% Administrative Expenses 1 ,021 ,882 1, 120 , 241 Special Fees 2 , 190 , 196b 2 , 190 , 196c Total Costs $7 , 965,019 $8 , 520 , 860 B. CONTRA COSTA COUNTY PUBLIC DEFENSE PROGRAM 1991-92 Actual Costs : Public Defender $7 , 302 , 287 Conflict Defense 3 , 250,731 Less : Total Costs -10 , 553,018 Estimated Savings -$2 ,032 , 158 Footnotes : a-Includes 108 cases classified as "Other" in Contra Costa Co. b-San Mateo Co. said this was high because of the Hunt Case . c-Assumed same cost as San Mateo Co. , although there is no basis to believe special fees were that high. No figures were avail- able from Contra Costa Co. • J PRIVATE DEFENDER PROGRAM MATERIALS FOR OTHER COUNTIES INFORMATION REQUESTS (Filename: PDPINFO.REQ) 1 . Current Contract 2 . Current Budget Summary from County Budget Book 3 . Current Fee Schedule 4 . Resumd of Program 5 . NLADA Award Application - Clara Foltz Award 6 . PDP Procedure Manual 7 . Names of County Personnel to Contact: 8 . Newspaper Articles 9 . State Bar Commission Model Contract Information 10 . Latest Caseload Data Sheet & Last Year' s Complete Stats w _ (` AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE SAN MATEO COUNTY BAR ASSOCIATION THIS AGREEMENT, made and entered into this day of , by and between, the COUNTY OF SAN MATEO, a political subdivision of the State of California, (hereinafter, "County, ") and the SAN MATEO COUNTY BAR ASSOCIATION, a corporation, (hereinafter, "Association") ; W I T N E S S E T H: WHEREAS, it is the desire of both County and the Association to continue to provide appropriate legal services to financially eligible persons accused of crime in San Mateo County, to those who are subject to Juvenile Court or to other proceedings, and to those who are entitled to representation by court-appointed counsel; and WHEREAS, the Association is qualified to provide such legal services and representation subject to the authority of the courts to appoint counsel in certain cases; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, Association agrees to furnish such legal services, and County agrees to pay to Association certain sums therefore upon the following terms and conditions: 1. Services . Association will provide qualified attorneys for acceptance of appointment as counsel for all financially eligible persons entitled to legal representation in all criminal cases in the courts of San Mateo County; in all civil and miscellaneous cases in the courts of San Mateo County where the law requires counsel to be provided at public expense; in all juvenile cases in the courts of San Mateo County where court-appointed counsel is required, except for such cases for which counsel may be provided by separate contract; and in all mental, narcotics addiction and inebriety cases in the courts of San Mateo County; all of which are more particularly described in paragraph 2 . , here-in-below. 2 . Definition of "Case" . For the purposes of the AGREEMENT, the term "case" shall be defined as follows: Multiple charges against a defendant in one accusatory pleading shall not prevent designation of a matter as a single case. If a single defendant is accused in more than one accusatory pleading in the same, or different, court, each separate pleading shall constitute a separate case. If multiple defendants are charged in a single accusatory pleading, it shall be considered that there are as many cases as there are defendants. Matters involving competency and insanity pleas, certified from the Municipal Court to the Superior Court, shall be deemed a separate case in each court. Any other proceeding instituted after sentence or after the Private Defender has been relieved by the Court, and requiring appointment of counsel shall be treated as one additional case. a. "Type All Case is defined as a single Superior Court matter involving one accusatory pleading including indictment', information, certification under Penal Code Section 859 (a) , writs filed on behalf of defendants, appeals to the Appellate Department of the Superior Court of San Mateo County, all quasi-criminal and civil proceedings in either the Municipal or Superior Court which are not specifically mentioned in Subsection 2b, c, or d, herein- below, but which are proceedings in which the law requires that counsel be provided at public expense, including but not limited to, proceedings pursuant to Section 1209 et sect. , of the Code of Civil Procedure; Sections 232 and 237 . 5 of the Civil. Code; Sections 1471 and 1852 of the Probate Code; support proceedings or actions; developmental disability proceedings; and administrative proceedings. b. "Type B" Case is defined as a single Municipal Court matter involving one complaint or accusatory pleading and shall further be defined as a single court matter involving a petition, certification, or other municipal or superior court proceedings including, but not limited to the following: 1. Revocation or modification of probation. 2 . Matters involving competency and insanity pleas certified from the Municipal Court to the Superior Court 3 . Matters arising after the suspension of criminal proceedings pursuant to the provisions of the Welfare and Institutions Code, or after commitment to the California Rehabilitation Center. 4 . Representation at lineups 5. Representation of witnesses. 6 . Any other appearances or representations by assigned attorneys specifically requested or ratified by a court of San Mateo County, and not included in any other provision of this AGREEMENT, where the law requires that counsel be provided at public expense, whether or not such matter is filed in court. . 7 . Re-appointment to represent an indigent defendant who had previously failed to appear in Court on the same case(s) , at a proceeding other than arraignment. c. "Tvpe C" Case is defined as any case initiated pursuant to the Lanterman-Petr is-Short Act or Developmental Disability laws pursuant to the Welfare and Institutions Code of the State of 2 California. d. "Type D" Case is defined as any case initiated on behalf of a minor as defined by Section 300 of the Welfare and Institutions Code of the State of California, and so qualifies for an attorney as described in Section 317 of the Welfare and Institutions Code. When an attorney, previously appointed pursuant to Section 317 of the Welfare & Institutions Code, represents a party at a proceeding pursuant to Section 366 . 26 of the Welfare & Institutions Code for the purpose of: (1) the termination of parental rights, or, (2) the establishment of legal guardianship of a dependent minor, such proceeding shall be deemed a separate case entitling the Association to an additional appointment as defined in paragraph 2 .d. ("Type D" Case) , above. e. "Type E" Case is defined as all matters in the Juvenile Court of the County of San Mateo in which parties are entitled to representation by court appointed counsel, except for such cases defined by subsection d. "Type D" Case, above. If, during the term of this AGREEMENT, the Legislature enacts any law, or a court decision is rendered which has the effect of changing the definition of a "Type" of case from one Type to another Type, as defined in paragraphs 2a, 2b, 2c, 2d, and 2e above, County and Association agree to define the case as set forth in this AGREEMENT. 3 . Extraordinary Cases a. Special Fee Cases - Definition. A case involving multiple charges, unusually complex issues of law or facts, novel issues of law requiring complex motions or writs, or which requires extraordinary demands upon an attorney's time and efforts and skill. Special Fee cases are primarily cases involving a homicide, or attempted homicide. Upon thirty (30) days written notice to Association, County shall retain the unilateral authority, during the period of this AGREEMENT to assume all legal responsibility for Special Fee cases on which the Private Defender Program has not yet . been appointed. County agrees to pay Association all amounts due on those Special Fee cases on which the Association continues to provide representation. b. Accounting and Payment. Association shall keep a record of all such special fees, applications therefor, and documentation in support thereof, and Association shall designate the attorney, the case, the amount paid, the expenses approved for expert and related services not provided by Private Defender staff. Said records shall be available for four years for County's inspection upon request. 3 • 4 . Compensation In consideration for Association's performance of the obligations set forth herein, County agrees to pay Association for each appointed case according to the following schedule: a. For the period commencing July 1, 1991, through June 30, 1992 : Superior Court Type A Case (Paragraph 2 .a. ) $474 each Municipal Court Type B Case (Paragraph 2 .b. ) $207 each Mental Health Type C Case (Paragraph 2 .c. ) $235 each Child Abuse/Neglect Type D Case (Par. 2 .d. ) $347 each Juvenile Type E Case (Paragraph 2 .e. ) $102 each Special Fees (Paragraph 3 .a. ) actual County will pay Administration Costs in an amount equal to 21. 5% of total case costs, excluding Special Fee costs. • The total amount of compensation paid by County to Association during this period shall not exceed $7, 415, 000, including Special Fee cases. If the amount, based on the actual number of 1991-92 cases calculated at the rates indicated in Paragraph 4 .a. , exceeds $7 , 415, 000, the County agrees to pay to Association, at the expiration of the AGREEMENT, no more than the difference between the calculated amount and $7 ,415, 000 only if the County and the Association do not contract for Private Defender Program services after June 30, 1996. These funds are to be used to complete the ongoing cases and other costs associated with the Private Defender Program going out of business. b. For the period commencing July 1, 1992 , through June 30, 1993 the per case rate for Type A, B, C, D, & £ cases shall be the same rates as indicated in subparagraph a. , above. County will pay Administration Costs in an amount equal to 21. 5% of total case costs, excluding Special Fee costs. County will pay Association the actual amount of Special Fee cases. The total amount of compensation paid by County to Association during this period shall not exceed $7, 150, 000, including Special Fee cases. If the amount, based on the actual number of 1992-93 cases calculated at the rates indicated in Paragraph 4 .a. , exceeds $7, 150, 000, the County agrees to pay to Association, at the expiration of the AGREEMENT, no more than the 4 '• difference between the calculated amount and $7, 150, 000 only if the County and the Association do not contract for Private Defender Program services after June 30, 1996. These funds are to be used to complete the ongoing cases and other costs associated with the Private Defender Program going out of business. c. For the period commencing July 1, 1993 , through June 30, 1994 the per case rate for Type A, B, C, D, & E cases shall be increased by the amount of the Bay Area C.P. I. for All Urban Consumers, for the twelve month period ending in March, 1993 . The amount of the increase shall be no less than 3%, nor more than 6%. County will pay Administration Costs in an amount equal to 21. 5% of total case costs, excluding Special Fee costs. County will pay Association the actual amount of Special Fee cases. d. For the period commencing July 1, 1994 , through June 30, 1995 the per case rate for Type A, B, C, D, & E cases shall be increased by the amount of the Bay Area C.P. I . for All Urban Consumers, for the twelve month period ending in March, 1994 plus an additional one percent (1%) . The amount of the increase shall be no less than 3%, nor more than 7% . County will pay Administration Costs in an amount equal to 21. 5% of total case costs, excluding Special Fee costs. County will pay the Association the actual amount of Special Fee cases . • e. For the period commencing July 1, 1995, through June 30, 1996 the per case rate for Type A, B, C, D, & E cases shall be increased by the amount of the Bay Area C.P. I . for All Urban Consumers, for the twelve month period ending in March, 1995 plus an additional one percent (1%) . The amount of the increase shall be no less than 3%, nor more than 7%. County will pay Administration Costs in an amount equal to 21. 5% of total case costs, excluding Special Fee costs. County will pay - the Association the actual amount of Special Fee cases. f. Except as specified in Paragraph 4g and 4h, such payment shall include all services for court appointments defined under Paragraph 2 Definition of Case including Paragraphs 2a, 2b, 2c, 2d, 2e, and Paragraph 3a Special Fee Cases made during the period of the AGREEMENT regardless of the date representation in a case is completed. An appointment shall be deemed made within the meaning of this AGREEMENT on the date on which the Private Defender Program is first appointed. g. Association shall be responsible for the complete representation of all persons for whom appointment was made under Paragraph 2 during the period of this AGREEMENT. Complete representation shall include provision of all services under the terms of this AGREEMENT until a new appointment is authorized by the terms of Paragraph 2 . Association shall maintain a reserve fund which together with any funds generated pursuant to the second section of Paragraph 4 .a. and 4 .b , in Association's estimate, 5 shall be adequate to provide compensation for representation, and all associated expenses, consistent with this Paragraph and Paragraph 4 .c. , above, in the event of a termination of the contract, and/or a determination not to contract further. h. In the event that no agreement exists between County and Association for Special Fee services after June 30, 1996, County agrees to pay for such services as are provided after June 30, 1996 by Association at the rates and under procedures prevailing during the period of this AGREEMENT. i Schedule of Payments. County shall make four quarterly payments to Association in accordance with the following schedule, said payments to be received by Association on or before the dates set forth below; $1, 853 , 750 on or before July 5 of each year. $1, 853 , 750 on or before October 5 of each year. $1, 853 , 750 on or before January 4 of each year. $1, 588 , 750 on or before April 4, 1993 $1, 853 , 750 on or before April 4, 1994, 1995 & 1996 In the event that County should fail to make any such quarterly payment to Association by the date such payment is due, County shall pay to Association interest on the unpaid amount of such payment from, and including, the date payment was due to, and including the date payment is made, at the County Treasurer's Pooled Investment Fund Rate from the date payment was originally due. The payment for July, 1992 shall be received on or before July 30, 1992 . j . Association shall separately invoice County for cases in excess of those which Association is compensated pursuant to the quarterly payment system, in accordance with the compensation schedules set forth in Paragraph 4 .a. through e. , above. All sums for such additional invoiced cases shall be paid by County within _ thirty (30) days following the receipt of said invoice. Should payments as calculated by the provisions of subparagraph 4 .a. through e. above total less than 'the -advance payment provided for in subparagraph 4 . i. above, Association shall reimburse County the difference between the advance payment and actual payment due. Reconciliation of case counts, costs and differences for each fiscal year shall be completed no later than October lof each year. Final payment on this AGREEMENT shall be completed no later than October 31of each year. • Notwithstanding the provisions of Paragraph 2 .a. of this AGREEMENT, and in consideration of the manner in which this 6 I• AGREEMENT has been structured, the Association agrees not to invoice the County for any case which has been certified to the Superior Court, upon a plea of guilty by the defendant, pursuant to the provisions of Section 859a of the California Penal Code. k. Exclusion for Non-members . Cases which are undertaken pursuant to court appointment by attorneys who are not members of the Private Defender Panel, or any case in which an attorney is appointed by the court pursuant to the provisions of Harris v Superior Court (1977) 19 C3d 786, 140 CR 318 , shall not be included within the terms of this AGREEMENT unless the Administrator of the Private Defender Program shall approve. Notice of any known Motion pursuant to Harris, above, shall be forwarded to County Counsel by the Private Defender Program. Without the Administrator's approval, County has no obligation to compensate Association for such cases; nor does Association have an obligation to compensate such attorneys. Such attorneys must apply directly to the appointing court for compensation pursuant to Sections 987 . 2 (a) and 987 . 3 of the Penal Code. 1. Exclusion for P.C. 987 . 9 . In the event that Section 987 . 9 of the Penal Code is modified, repealed or superseded during the term of this AGREEMENT, any case expense currently reimbursable by the State of California which is transferred to the County is not included in the terms of this AGREEMENT and shall be reimbursed separately and in addition thereto. 5 . Eligibility Standards. Association agrees to cooperate with County and with the judiciary in the determination of financial eligibility of applicants for such services, and agrees to use its best efforts in implementing any financial 'eligibility determination system adopted hereafter. Association will make recommendations to the judiciary with regard to court appointment of counsel in individual cases. The term "financially eligible" , as used in this AGREEMENT, refers to persons without sufficient . means to retain counsel, as defined . in California Penal Code Section 987 . 8 et seq. 6. Compliance. Both parties shall comply with all relevant Federal, State, and local statutes, rules and regulations, including, without limitation, each of the following: a. Non-Discrimination - General No person shall, on the grounds of race, color, national origin, religious affiliation or non-affiliation, sex, age, handicap, sexual orientation or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination under this AGREEMENT. b. Non-Discrimination - Employment Contractor shall insure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, 7 performance evaluations, and management relations, for all employees under this AGREEMENT. Contractor's personnel policies shall be made available to the County upon request. c. Non Discrimination - HIDV (Human Immune Depressant Virus) . Contractor shall insure non-discrimination based on a person suffering from AIDS or AIDS associated conditions set forth in County ordinance No. 03140. 7 . Administrative Proaram. a. Consultation with Judges . Association agrees to consult with the judiciary and representatives of County in implementing this AGREEMENT to assure competent representation of financially eligible persons at reasonable costs. b. Training. To establish and maintain quality representation, Association agrees to sponsor and promote appropriate training programs for attorneys. C. Investigative and Related Services . Association. agrees to provide necessary and appropriate services of investigators, experts, and other services, the expenses for which are not provided by law. • d. Staff. Association shall employ appropriate staff as may be required to fulfill its obligations under this AGREEMENT. 8 . Records. a. Association. Association shall maintain records and accounts for four years and shall observe accepted accounting practices and shall make relevant statistical and financial records and data available for inspection by authorized representatives of County at any reasonable time. Except as otherwise authorized by California Government Code Sections 27707 et seq. , nothing herein shall be construed to permit County to examine files pertaining to actual representation of accused persons and all communications between client and attorney shall be privileged information. Association shall furnish to County statistical reports as may from time to time be required by County for evaluation -of the performance of services under this AGREEMENT. Association shall provide to County, periodically and as appropriate, reports of fees and/or costs which are, or may be, subject to reimbursement or which may be eligible for other than County funding. Such reports may include recommended procedures for obtaining reimbursement or funding. b. County. County shall maintain complete records of all reimbursement to the County, from whatever source, for services • provided by Association pursuant to the terms of this AGREEMENT. County shall furnish to Association, upon request, the amount, and 8 source, of reimbursement received by the County. 9 . Witness , Interpreter and Translator Fees . Payment of witness fees shall be governed by the provisions of Sections 1329 and 1334 . 3 of the Penal Code, by Sections 68093 and 68098 of the Government Code, and such other statutory provisions as may be applicable; and that the payment of interpreter and translator fees shall be governed by Section 68092 of the Government Code and Sections 731 and 752 of the Evidence Code. 10 . Court-Requested Investigative Services._ Upon request of the Court and Association acceptance, investigative services shall be provided on behalf of a party before the court in a proceeding where such party has not received appointed counsel. Any expense, fee or wage incurred for services rendered under the provisions of this paragraph during the period of this AGREEMENT may be charged against the Special Fee category. 11. Term of Contract. The term of this AGREEMENT shall be from July 1, 1991, through June 30, 1996. 12 . Evaluation. County may appoint a committee consisting of its representatives, members of the judiciary, the Bar, and interested public to evaluate performance under this AGREEMENT and to make such reports and recommendations as may be appropriate and • of assistance to the parties hereto. 13 . Use of Contract Revenues. Association agrees that all funds provided to it hereunder will be used only to enable Association to meet its responsibilities as herein defined. 14 . Hold Harmless. Association shall indemnify and save harmless the County, its officers, agents, employees and servants from all claims, suits or actions of every name, kind and description, brought for, or on account of injuries to, or death of any person, including contractor, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to, the concurrent active or passive negligence of the County, officers, agents or employees and servants, resulting from the performance of any work required by this AGREEMENT by Association, provided that this shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Association to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 15 . Insurance. The Association shall not commence work under this AGREEMENT until all insurance required under this section has been obtained and such insurance has been approved by the County's 9 • Risk Management Department. The Association shall furnish the County's Risk Management Department with certificates of insurance evidencing the required coverage and there shall be a specific contractual liability endorsement extending the Association's coverage to include the contractual liability assumed by the Association pursuant to this AGREEMENT. These certificates shall specify or be endorsed to provide that thirty (30) days notice must be given, in writing, to the County's Risk Management Department of any pending change in the limits of liability or of any cancellation or modification of the policy. a. Worker's Compensation and Employer's Liability Insurance: The Association shall have in effect during the entire life of this AGREEMENT Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this AGREEMENT, the Association makes the following certification, required by Section 1861 of the California Labor Code. "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such • provisions before commencing the performance of the work of this AGREEMENT. " b. Liability Insurance: The Association shall take out and maintain during the life of this AGREEMENT such Comprehensive General Liability, with specific endorsements included covering product liability and . personal injury, and Auto Liability with Bodily Injury Liability and Property Damage Liability Insurance as shall protect him while performing work covered by this AGREEMENT from any and all claims for damages for bodily injury, including accidental death, as well as any and all _ claims for property damage which may arise from the Association's operations under this AGREEMENT, whether such operations be by himself or by any Sub-Contractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be One Million Dollars ($1, 000, 000) combined single limit bodily injury and property damage for each occurrence. After three (3) years from the date this AGREEMENT is first executed, the County may, at its sole discretion, require an increase in the amount of liability insurance to the level then customary in similar County agreements by giving sixty (60) days notice to the Association. • County and its officers, agents, employees and servants shall be named as additional insured on any such policies 10 of insurance, which shall also contain a provision that the insurance afforded thereby to the County, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the County or its officers and employees have other insurance against a loss covered by such a policy, such other insurance shall be excess insurance only. In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or cancelled, the County, at its option, may, notwithstanding any other provision of this AGREEMENT to the contrary, immediately declare a material breach of this AGREEMENT and suspend all further work pursuant to this AGREEMENT. 16 . Time. Time is of the essence of this AGREEMENT. 17 . Entire Contract. This is the entire contract between the parties, and no alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the Association and County. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. • 18 . Authorized Agent; Notices. The County Manager's Office shall be County's agent for the purpose of this AGREEMENT. All notices provided for hereunder shall be addressed and delivered to the County Manager's Office of the County of San Mateo. 11 • IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day of 1992 . COUNTY OF SAN MATEO By President, Board of Supervisors ATTEST; • Clerk of said Board SAN MATEO COUNTY BAR ASSOCIATION By President 12 CRIMINAL JUSTICE PRIVATE DEFENDER PROGRAM (4030) GENERAL FUND FY 1992-93 BUDGET UNIT SUMMARY Actual. Budgeted Recommended- Change from Percent 1990-91 1991-92 1992-93 1991-92 Change APPROPRIATIONS Salaries & Benefits Services & Supplies 7,318,699 7,556,517 7,280,325 ( 276,192) ( 3.7) Other Charges Fixed Assets Contingencies GROSS APPROPRIATIONS 7,318,699 7,556,517 7,280,325 ( 276,192) ( 3.7) Intra-Fund Transfers NET APPROPRIATIONS 7,318,699 7,556,517 7,280,325 ( 276,192) ( 3.7) REVENUES Taxes - Property Taxes - Other Than Property Licenses & Permits Fines, Forfeitures & Penalties Use of i'vioney and Property - State Aid 17,487 0 0 0 -- Federal Aid Other Government Aid Charges For Services 322,237 250,000 400,000 150,000 60. Other Revenues Special District/Fund Revenue TOTAL REVENUE 339,724 250,000 400,000 150,000 60. NET COUNTY COST 6,978,975 7,306,517 6,880,325 ( 426,192) ( 5.8) AUTHORIZED POSITIONS Salary Resolution 0 0 0 0 -- • Funded FTE 0 0 0 0 -- 264 30 Private Defender Total Caseload 25 XX 20 y Cd y P 71 w r 15 O y it CJ moi+ G F Z 10 5 'k ijj 0 84/85 85/86 86/87 87/88 88/89 89/90 90/91 91/92 Year • Private Defender Budget 20 $7.4 18 C0 16 57.2 57.1 14 56.9 Pn/ 1� Defend Bud- CRIMINAL JUSTICE PRIVATE DEFENDER (4030) GENERAL FUND MISSION The Private Defender Program provides competent legal representation in accordance with constitutional requirements and state statutes to individuals determined to be indigent by the courts. The San Mateo County Bar Association provides this service under contract. PROGRAM UNITS ADMINISTRATION AND REPRESENTATION Staffing: The Private Defender Program is administered by the San Mateo County Bar Association. Three Attorney Administrators and financial and clerical staff oversee the program while a panel of approximately 135 private attorneys represent indigent defendants. Services: Program Administration includes assigning unit cases, providing training, managing the panel of 135 attorneys,retaining investigative services and expert witnesses as necessary,establishing the schedule of fees paid . to attorneys and reviewing all bills submitted for services. Attorneys assigned to Private Defender cases appear in Superior Court, Municipal Court, Juvenile Court and in related hearings. The defenders provide court- ordered representation for arraignments, bench warrants and other returns, Superior Court Reviews (SCR) in advance of preliminary hearings, mental competency and writ hearings, misdemeanors, felonies, probation violations and other proceedings. Defenders represent juveniles for delinquency and status offenses, as well as children and parents in abuse or neglect cases. FY 1992-93 is the second year of a five-year contract for Private Defender services. In FY 1991-92 the contract was capped at $7,415,000. In FY 1992-93, the contract is capped at 57,150,000. The contract includes funds for program administration,representation and S2 million for special fee cases which include cases involving multiple charges, unusually complex issues of law or fact or exceptionally complex motions or writs. Workload Indicators Indicators Acetal 1990-91 E dnzated 1991-92 Projected 1992-93 AD UL T. Superior Court (Type A) 2,173 2,197 1,200 Municipal Court (Type B) 17,156 16,460 16,500 Mental Health (Type C) 946 906 900 TOTAL ADULT CASES 21,275 19,563 18,600 JUVENILE.- SB UVENILE.SB 14 (Type D) 539 588 590 Regular Z837 3,016 3,000 TOTAL JUVENILE CASES 3,376 3,604 3,590 TOTAL CASES 24,651 2. 167 22,190 266 Criminal Justice Private Defender (4030) General Fund Indicators .4caud 1990-91 Eiden tied 1991-92 Projected 1992-93 PDlAppointments/Municipal 59010 54% 51% Court Filings Number of Special Fee Cases 82 75 75 Special Fees S Z 063,000 1 $ 1100,000 $ 1,800,000 The number of cases brought to the court for prosecution and the eligibaity of clients dictates the number of cases handled by the Private Defender Program. The total number of adult cases is projected to decrease in FY 1992-93 due to Municipal Court review. Municipal Court reviews allow felonies to be sentenced in Municipal Court. In the past, these cases were sentenced in Superior Court, so the number of Superior Court cases will go down but the number of Municipal cases will not increase since the cases were originally riled and counted in Municipal Court. Objectives and Performance Measures Estimated FY 1991-92 Projected.FY 1992-93 Maintain and manage cost-effective and competent indigent legal defense services. • Evaluate the cost of services relative to Complete other Public Defenders • Percent cost savings over comparable 10% jurisdictions • Value of claims paid against the Private so so Defender Program for inadequate representation REWNTE COLLECTION Services: The San Mateo County Revenue Services Unit interviews and qualifies defendants that request representation by the Private Defender. The unit also collects funds from people that have been represented by a Private Defender but are subsequently deemed capable of paying for attorney•services. FY 1991-92 Accomplishments • Implemented a tax intercept program that increased collections by 40% Workload Indicators Indicators Ac nad 1990-91 Estimated 1991-92 Prcjected 1992-93 TOTAL COLLECTIONS $2.59,&43 $358,M $406,000 267 Criminal Justice Private Defender (4030) General Fund r Objectives and Performance Measures Estimated FY 1991-92 Projected FY 1992-93 Provide cost-effective collection services. • Percent of dollars assigned to Revenue Services that are actually collected -Juvenile Cases 48% 50% -Adult Cases 31% 32% • 268 Criminal Justice Private Defender Program (4030) I, General Fund SUMMARY OF CHANGES REPORT Podtion Approprk&= L=s-Fund Rev=tws. Net Canty Tzan:fer Cwt A. FY 1991-92 BUDGET AMNO ADJUSTMEN7-S. 1.FY 1991-92 Adopted Budget 7556517 250,000 7,306517 2.Mid-Year Adjustments FY 1991-92 Adjusted Budget 7,556,517 250,000 7,306517 B. FY 1992-93 CURRENT LEVEL BUDGET: SERVICES 8t SUPPLIES ( 26309 ( 263,M FY 1992-93 will be the second year of a five year agreement between the San Mateo County Bar Association and the County for private defender services. The second year of the contract caps total payments at 57,150,000. Tne balance of the budgeted amount is paid directly to Revenue Services. GENERAL SERVICES CHARGES ( 13,095) ( 13,095) Revenue Services interviews and qualifies defendants that request representation by the Private Defender. They also collect funds from people that are deemed capable of paying for their attorney. • The cost of those services is going down this year due to a slight decline in the number of cases. REVENUE 150,000 ( 150 000) Actual collections for FY 1991-92 are projected to be 5406,000 due to the implementation of the tax intercept program. Collections are expected to remain high in FY 1992-93. FY 1992-93 Current Level Budget 7,-.80,325 400,000 6,880X-5 C.FY 1992-93 RECOMMENDED BUDGET: Subtotal Recommended Changes 0 0 0 FY 1992-93 RECOMMENDED BUDGET 7,280,325 400,000 6,880,37_5 269 SAN MATEO COUNTY BAR ASSOCIATION PRIVATE DEFENDER PROGRAM FEE SCHEDULE (Rev. October 1, 1990) • ********IMIORTANT NOTICE******** "NO PAYMENT WILL BE MADE ON ATTORNEYS ' BILLS SUBMITTED AFTER SIXTY (60) DAYS FROM THE CONCLUSION OF PROFESSIONAL SERVICES RENDERED ON PRIVATE DEFENDER CASES . ". (Board of Directors Resolution - Aug. 8 , 1969) FEE SCHEDULE (revised Oct. 1, 1990) SECTION I - MUNICIPAL/SUPERIOR - CRIMINAL 1 . CASE FEE (includes $5 . 00 per case for costs) $100 . Payable except for preliminary hearings, con- solidated probation violations, cases closed on calendar, and special assignments. Check those headings for fees/rates . 1A. CASE FEE - SUPERIOR COURT 1. Regular $250 . 2 . 859a P. C. Certification $150 . 3 . Probation violation, 1367 P.C. , 871 . 5 P.C. , 1429 . 5 P.C. $100 . Note: In any Superior Court case on which the client fails to appear (regular or 859a) for the first appearance, no bill shall be submitted for payment until the client shall appear and the case completed, or, until sixty (60) days has lapsed from the date of • the F.T.A. , whichever is sooner. '. 2 . PRETRIAL CONFERENCES 1. Municipal Court $ 40 . 2 . Superior Court (payable once per case, including pre-prelim pretrial) $ 50 . 3 . PRELIMINARY HEARINGS A. HEARING HELD: (1) First session (a.m. or p.m. ) $150 . (2) Next session - $40 .per hr/3hr. max. $120 . (3) Spec. Fee request required if fees exceed $220 . B. HEARING NOT HELD: * (1) Client pleads to felony or waives prelim. $ 50 . ** (2) Client pleads to misdemeanor or diverted. $ 50 . *** (3) Case totally dismissed & atty withdraws. $100 . ** (4) Case reduced to misdemeanor. $ 50 . *** (5) Client fails to appear & atty withdraws. $100 . *** (6) Retained counsel substituted & atty w/d. $100 . (REVISED 10/1/90) 1 • FEE SCHEDULE * Case fee payable in Superior Court. ** This fee is in lieu of pretrial fee, but case fee is then payable. *** This is the case fee. 4 . TRIAL FEES ( in addition to case fee) (a) Jury trial - per hour* $ 60 . (b) Court trial - per hour* $ 45 . (c) Jury deliberation - per hour $ 40 . (payable only if attorney is unable to return to office - explain on bill) *Trial fees commerce when the trial calendar is called ONLY IF case is then actually assigned out, and are thereafter payable only for hours in court, or, for in cha,-abers discussions. 5 . MOTIONS (except Bail, Standard Discovery, or, Continuance unless unusual circum- stances are shown - please explain on your bill) . (a) Pts . & Auth. (copy of motion MUST be sent to PDP attached to your bill) $ 60 . (b) Hearing or argument on motion, with or without witnesses - per hour $ 40 . 6 . PROBATION VIOLATIONS (a) Unconsolidated $100 . (b) Consolidated (with case or other P.V. ) $ 50 . 7 . F.T.A. - 40508 C.V.C. (cther than closed on calendar) (a) Single case (per defendant) $100 . (b) Multiple cases-up to 5 per def. -each $ 50 . (c) Multiple cases-in excess of 5 per def. NO FEE 8 . CALENDARS (a) Two (2) hours or less $ 60 . (b) Over two (2) hours - add per hour $ 40 . (c) Cases closed on calendar - 5 max. - each $ 50 . • (in addition to calendar fee) (REVISED 10/1/90) 2 FEE SCHEDULE 9 . HOURLY RATE (where applicable) $ 40 . Fractional rate paid in 1/4 hours. (All bills must show time and hours, if the hours were spent in trial or at court) . e.g. 9 : 30 - 11: 45 = 2 1/4 hours. 10 . EXTRA FEE REQUESTS (See Rules & Format - pages 5 & 6) (a) ADMINISTRATIVE FEE - Reviewed by Staff Attorneys for requests up to $250 . additional . (b) SPECIAL FEE - Reviewed by Special Fee Committee for requests over $250 . additional Note : All requests for additional fees submitted in either of the above categories must be itemized in detail, and must request a specific fee amount. SECTION II - JU-VENILE COURT 1. CRIMINAL: (a) Case Fee $100 . (1) Additional petitions, consolidated and contemporaneous, add for each petition $ 40 . (b) Trial Fee - per hour $ 45 . (c) Disposition Fee (if separate appearance) $ 40 . (d) Calendar (1) Two (2) hours or less (incl . prep. ) $ 60 . (2) Over two (2) hours - add per hour $ 40 . (3 ) Petitions admitted on calendar - maximum of three (3) - each $ 50 . 2 . CIVIL (a) Child Representation ( 1 or more children) $250 . (b) Parent Representation ( 1 or both) $250 . Note: Case fee is billable after disposition hearing. Court trial fees are additional. (REVISED 10/1/90) 3 FEE SCHEDULE SECTION III - L. P.S . 1. TRIALS AND RE-HEARINGS (a) Case fee $100 . (b) Jury trial - per hour ( add to case fee) $ 50 . (c) Court trial - per hour ( add to case fee) $ 45 . 2 . CALENDAR (a) Two (2) hours or less (incl . prep. ) $ 60 . (b) Over two (2 ) hours - add per hour $ 40 . 3 . WRITS (a) Preparation and hearing - per hour $ 40 . SECTION IV - SPECIAL SERVICES • 1. CIVIL PROCEEDINGS : Family Law contempt; Probate; Military dissolution; Paternity; Petitions under 232 CC; etc. (a) Per hour (up to 10 hours - special fee request required if over 10 hours) $ 40 .. (b) Trial fees - Please see Section I,4 . 2 . WRITS: (a) Per hour - including prep. and hearing (up to 10 hours - special fee request re- quired if over 10 hours. $ 40 . 3 . APPEALS: (a) Per hour - including prep. and hearing (up to 12 hours - special fee request re- quired if over 12 hours. $ 40 . 4 . SPECIAL ASSIGNMENTS: Lineup; interrogation; consul- tation; witness representation; expungement; etc. , -by request from the P.D. Office. (a) Per hour - ( or agreed fee) $ 40. (REVISED 10/1/90) 4 SPECIAL FEE RULES The initial determination to be made is whether the case under submission is, in fact, a case which should receive special fee consideration. In that regard, reference is to be made to the SPECIAL FEE REQUESTS FORMAT attached hereto . CLASS 1 CASES These are cases where the extraordinary amount requested is tw'o hundred fifty dollars ($250) or less. Any such case shall not be considered as a special fee case and shall be referred to the administrative staff for handling. THE REQUEST MUST BE DETAILED ANI D/OR ITEMIZED. CLASS 2 CASES Tvtie A. These are cases which contain one or more of the criteria for Special Fee consideration set out in the "FOR,',AT" . However, these cases do not qualify, in the committee' s judgment, for treatment as Special Fee cases payable at the hourly rates listed below. The reasons for the committee ' s judgment might include, amongst others , the short duration of the case; the relative seriousness of the charge; or, unanticipated research, investigation or witness problems during trial . In these cases, the committee may award a lump-sum amount as compensation. Such an award may be in addition to, or, in lieu of, the case fee that was otherwise earned. THE REQUEST MUST BE DETAILED AND/OR ITEMIZED. Ty,oe B. These are the extremely serious, difficult, complex and lengthy cases handled by panel members. Cases determined by the committee to be within this category shall be compensated at an hourly rate from the range set forth below. Obviously, the highest figure should be applied to the most serious, complex or lengthy cases, e. g. capital homicides. HOURLY RATES FOR SPECIAL FEE CASES : $75-$70-$65-$60-$50-$40 C:\D0C\SAECFEE.RUI (REVISED 5/1/91) SPECIAL FEE RATE GUIDELINES The Special Fee Committee has established the following guidelin6s to aid you in billing cases which you believe are special fee cases. The basis of the Committee ' s determination was .the hourly .. rate set by the California Supreme Court for death penalty appeals . All the other hourly rates are reduced from that figure. If the Supreme Court raises the rate for death penalty appeals in the future, AND, if the Private Defender Program budget is sufficient to do so, the Special Fee Committee will consider adjusting our special fee rates accordingly. In death penalty cases, and in special circumstance cases where two attorneys are authorized, counsel may agree to split the hourly rates evenly between themselves . In a capital case, for example, Lead Counsel and Second Counsel might agree to each bill at $70 per hour, instead of $75 and $65 respectively. 1. $75/hour - Applies to Lead Counsel in Death Penalty Cases 2 . $70/hour - Applies to Lead Counsel in Special Circumstance Case 3 . $65/hour - Applies to Second Counsel in Death Penalty Cases 4 . $60/hour - Applies to all other murder cases, and,. . Second Counsel in Special Circumstance Cases 5 . $50/hour - Applies to extremely difficult felony cases, such as, manslaughter, kidnapping, career criminal, and sexual assault team cases . 6 . $40/hour - Applies to all other Special Fee Cases • C:\DOC\SPECFEE.RTS (REVISED 5/1/91) SPECIAL FEE REQUESTS FORMAT In order to expedite the review and processing of requests for special fees, and to award the compensation therefore as equitably as possible, the Special Fee Committee REQUIRES that all requests be submitted in the following manner: 1. The SPECIAL FEE REQUEST FORM shall be completed and attached to the top of any additional materials submitted in support of the request. 2 . Any request for special fees, which is additional- to dditionalto the fees allowed by the fee schedule, shall be submitted in letter form. This letter will contain a detailed itemization of time spent and work performed. 3 . The special fee letter shall : a. List all court appearances b. State reasons for special fee requests,. e.g. (1) Difficult Client - sanity, personality, contrariness, etc. (2) Extra Hours - unusual legal issues, expert witnesses, travel, quantity of documentary evidence, custody interviews, etc. (3) Writs - necessarily pursued during the case to maintain competent representation. (4) Motions - unusual in scope or number. (5) Conferences - with Courts or D.A. , unusual in number or length or complexity. (6) Compensation - lastly, the special fee letter shall contain a request for a specific amount of compensation for your services. This request should reflect your understanding of the realities of indigent criminal defense representation, including our inability to pay the true market value of your services . ALL REQUESTS WHICH. ARE NOT SUBSTANTIALLY IN THE FORMAT OUTLINED ABOVE SHALL BE RETURNED. C:\D0C\S?ECFEE.FMT (REVISED 5/1/91) NO. (OFFICE USE ONLY) SPECIAL FEE REQUEST FORM (Use as cover sheet for Special Fee bills) ATTORNEY CO-COUNSEL (same case & client) CLIENT CHP.RGES ARRAIGNMENT DATES : CASE NUMBERS : Muni. Ct. Muni. Ct. Sup . Ct. Sup. Ct. BILLING PERIOD: FIRST BILL? FROM: THRU INTERIM BILL? ATTORNEYS FEES HOURS RATE/HR. AMT. REQUESTED IN COURT (Non-Trial) $ IN COURT (Trial) $ OUT OF COURT $ TOTAL AMOUNT OF YOUR FEE _ $ *******PLEASE BILL YOUR REIMBURSEMENT FOR COSTS SEPARATELY******* (DO NOT WRITE BELOW THIS LINE) PRIOR CLAIM NUMBER, IF INTERIM BILL ADMINISTRATOR'S SUGGESTED FEES IN THE AMOUNT OF $ AMOUNT OF FEES APPROVED BY SPECIAL FEE COMMITTEE $ INITIALS OF SPECIAL FEE COMMITTEE MEMBERS PAY THIS AMOUNT $ C:\0QC\SPEC=EE.REa RESU�L? Or PRIVATE F?E FENDER PROGRAM HISTORY In preparing the budget for the 1967-68 fiscal year, the administration nf the county of Sar. Mateo was considering the establishment of a Public Defender ' s 0=fice. The initial pro- posal was highly unrealistic in terms of staffing, and the San Mateo County Bar Association strongly voiced its criticism. The bar felt there were many good aspects to the direct appoint= ment system that the county had utilized in years prior, but recognized certain complaints, such as the problem of inadequate cost controls, and the lack of system and in matching th,e attor- ney' s skill and experience to the seriousness of a giver, case. On the other hand, the bar realized that adequate staffing would always be a problem with a Public Defender ' s Office, and that many clients were distrustful of public lawyers, no matter what their credentials . The bar appointed a select committee to examine into alternatives. The committee developed an idea of the bar association tak- ing on the responsibility of providing attorneys for indigent defendants from its own ranks, and administrating the entire program. This was to be done under a contract with the county, and with certain controls with respect to cost as well as qual- ity o£ representation set forth in the ccntract. Under the con- tract the courts would retain the discretion as to determining eligibility and would actually make the appointments in the appropriate cases . However, the courts agreed to allow the nar association to provide the specific attorneys and to adminis-cer the program fully. In December of 1968, the county of San Mateo anal the Sar. Mateo County Bar Association did in fact enter such an agreement as was contemplated, whereby the county bar association was to provide all attorneys necessary to represent indigent defendants, juveniles and matters on the mental calendars. CONTRACT Under the terms of the agreement, the county was to pay the bar association a partial payment mor a stated sum in several installments . The total contract price was dependent upon the number of cases which the bar association handled, with the exception of juvenile cases for which a flat fee was paid. The bar association agreed to provide the representation where required, to assist the court in establishing eligibility stan- dards and cooperate with the court in determining financial eli- gibility in individual cases. The bar association further agreed, • from the payment under the contract, to provide investigative services, as well as services of experts and of other incidental expenses where such services were required to provide proper representation. STAFF • In order to meet its responsibilities under the terms of the agreement, the bar associaton retained a full-time Executive Director as administrator of what came to be known as the "Private Defender Program, " in January o 1959. Offices were established, and a small secretarial and clerical staff were hired in order to develop and administer the details of the program. Over 100 attorneys responded to the call of the bar association, and agreed to participate on the panel of private attorneys and accept assignments from the office of the administrator on all- indigent llindigent cases within the county. The number of panel members has grown to about 130 with many other members of the bar asso- ciation ready to respond to any additional needs should the case load require it. The current panel includes almost every private attorney in the county who dedicates a substantial portion of his or her practice to criminal law. The staffing of the Private Defender Program has expanded to include two assistant administrators, one of whom is in charge of overseeing juvenile court matters, a full-time concern, with a recent addition of a second staff- attorney at juvenile court. The staff, nevertheless, remains small. In the 1975-77 fiscal year, a total 14, 350 cases were initiated through the program, yet the staff consisted of three attorneys, five full-time secretaries, one part-time clerk, a full-time bookkeeper and four full-time investigators, augmented by contract investiga- tive services, plus occasional temporary clerical or legal assis- tants . OPERATION Case assignments are made by the administrator to the indi- vidual attorneys on the basis of the nature of the charge, consi- dering the seriousness and complexity of the problem, along with the skill and the experience or the individual lawyer. The cases in which the Private Defender Program is involved run the gamut from minor misdemeanors in the municipal court to first degree murder cases in superior court. By reason of the large number of attorneys available and actively...participatirg in the program, and due to the reservoir of skills that are available on call, an increase in criminal filings does not result in any undoestrain upon the program. The program can either expand or contract to meet whatever the need may be, and does not have to rely- upon--a large fixed staff. The Administrative staff of the Private Defender Program not only oversees its day to day operation, but attempts to assist _ all participating attorneys in the efficient and proficient handling of cases . Case digests, special reference material in the criminal law field, common research material, dissemination of current charges or developments, free continuing education 'i programs on a regular basis, assistance in obtaining qualified -2- experts, assistance with investigation and legal research, cen- tral indexing of legal memoranda--all thase functions are part f the private of the service to aid the work of te practitioner in the handling of court appointed cases. The office of the adr-ninistrator is charged with the respon- sibility of providing adequate records as to each case including the assignment and disposition. Cross indexing is established to provide access to information by either the individual attor- ney' s name or the individual defendant. description More detailed of the opera-ion of the Program 2k- and range of services are set .'-_ortC-h4 under the topic which immediately follows . SERVICES PROVIDED BY PRIVATE DEFENDER PROGRAM in addition to the various aids previously mentioned to assist the panel of private attorneys who undertake the court appointed cases, what follows is a description of the range of services available to the client, and the method of assignment. Most cases are assigned through the daily criminal arraign- ment calendars in each of the three judicial districts of the county, as well as in the Superior Court. Panel attorneys are assigned to cover specific calendars and handle each client who makes such first appearance, requests court appointed counsel., 1, Depending on t P .1 1. and qualifies for such counsel. De he Prefe--ance of 11 j.. the particular judge, sometimes the court will appoint after being advised of the client ' s eligibility by the attorney on duty, or sometimes the judge prefers personally to screen the defendant ' s financial statement. Occasionally, prospective clients will appear at the administrative offices of the prggram prior to their first court appearance, whereupon they will be screened, and provided with the appropriate form to bring to court with the advice as to eligibility attached. The standards of eligibility are fairly flexible. Relevant concerns are employment or .other source of income, property, potential borrowing power, and, of course, the seriousness of the accusation. For instance, a person may have sufficient assets to retain counsel for a relatively minor misdemeanor, yet be entitled to appointed counsel when facing a felony of grave magnitude for which he would realistically be unable to retain counsel. Borderline cases are sent to a special "Defendant 's Referral Service, " elsewhere described. Once the attorney is assigned a number of cases from the arraignment calendar, he or she usually retains such cases and follows them through to completion. In certain extremely grave cases the attorney refers them back to the Private Defender Administrator for review, and possibly special assignment.. This is also true if the particular attorney is not sufficiently experienced to handle a particular matter; if he or she obtains too many cases on a given calendar to handle conveniently to -3- conclusinn; if there are multiple parties ; or if a client has other cases pending with a different attorney. These deter-mina- tions are made immediately aster the calendar, since all cases 1 assigned are phoned in to the Private Defender Office by name and number by the attorney and later confirmed through the clerk. Though most cases are received in the above manner, they often come in other ways . For instance, if a suspect is being interrogated or is about to be placed in a line-up, requests counsel and indicates he can 't afford to hire counsel, through a working arrangement with the courts, District Attorney' s Office and the various local police agencies, the Private Defen- der Office is immediately notified, and a panel attorney is designated and dispatched to advise the prospective client. If an accusatory pleading is later filed the initial action, is con- firmed by court appointment. This procedure is also used where inquiries as to suspected welfare frauds are made by District Attorney Citation.. Often the partly questioned will indicate a desire to consult with an attorney, and the District Attorney' s inspectors refer them immediately to the Private Defender Office. Once a case is undertaken the attorney assigned will tempt to deal with outstanding warrants or charges from other juris- dictions short of actually appearing. Often, however, contact is made with parole or other probation departments to clear up holds, arrange for bail or O.R. release. In other words, the service rendered is as complete as can be made short of appear- ing in other counties . However, full cooperation is rendered • with appointed counsel or Public Defenders in other counties who may be of service to the client. f{, Also, from time to time, a witness in a proceeding may be subject to self-incrimination Qr, for whatever reason, request consultation with an attorney. If financially eligible, the court will advise the program, and, again, an attorney will be assigned to advise the witness . Service is also provided tc clients in Juvenile Court at every stage of the proceeding. One full-time staff member of the program covers all detention hearings, and screens all cases, and makes any routine appearances . TIhere it is likely that a contested jurisdictional hearing may arise, the case is imme- diately assigned to one of the participating paneliattorneys. The Private Defender Program also services the mental calen- dar by assigning an attorney to each calendar. Any contested matters are usually discovered in advance so the attorney can - prepare before the appearance. If continuances are needed, they are usually granted. The program handles not only commitment and aDnservatorship matters at the outset, but also writs, requested interim reviews of status and annual renewal petitions as well as any jury trial which a client may request. Through a working arrangement with the court, eligible persons are often consulted in advance to discuss the advisability of pursuing a As of July, 1977, the Program will particular form of action. also become involved representing persons subject to Probate conservatorships and guardianships. -4- The Private Defender Program also handles C needs with respect to appeals from the Municipal Court to the Appel- late Department of the Superinr Court; also writs, be they from the Municipal or Superior Court. It is not financially feasible at this time to attempt direct appeals to the Court of Appeals from, adverse judgments in the Superior Courts . However, the pro- gram has financed writ proceedings to the State Supreme Court and is willing to underwrite applications in the Federal Courts should the occasion. arise. Also the Program is appointed to represent clients in a number of other proceedings. For instance, a panel member may be assigned to represent a child or parent in a proceeding to have the child declared free from parental custody and control; or an attorney may be appointed to represent a respondent in ' a civil contempt case where there is a risk oP a commitment to jail, and the client ty deemed legally indigent. ELIGIBILITY The bar association has established a procedure to determine the financial eligibility of indigent defendants. All applicants rust complete a financial form and submit the same to the court for review. In those cases in which the court has any questions as to eligibility the matter is forwarded to the Private Defender Office. This office will in turn gather additional background and financial information from the applicant with a report to the court as to the recommendation of the bar association. Applicants for court appointed counsel also appear at the office o� the administrator prior to their first appearance in court. On these occasions, again they are required to complete a financial questionnaire and again their financial situation is evaluated and verified. In the event the individual does not appear to be eligible, he is advised of the procedures whereby he may retain private counsel. In the event he appears to be eligible for court appointed counsel, the attorney and the dourt are duly notified.- DEFENDAti1S REFERRA L SERVICE In addition to the duties as court appointed counsel, each attorney on the panel has agreed to provide an additional service referred to as the "Defendant Referral Service. " Simply stated, it is a service for those individuals of limited means who are not eligible for court appointment, but who are unable to pay the normal prevailing attorneys ' fees in criminal cases. The indivi- dual is processed through the bar association; an evaluation is made as to his financial situation and appointments are made for him to see at least two local private practicing attorneys. The understanding is that the situation calls for considera- tion of nominal fees to be paid on a monthly basis. Should an • individual be unable to make a suitable arrangement with a local attorney, then the matter is reported to the court for considera- tion for court appointment of counsel. -5- EXPERT FEES , INVESTIGATION SERVICES , RESEARCH The budget of the San klateo County Bar Association provides funds for expert fees and the utilization of private invest-igaters . The office emuploys four 'Lull-time investigators who are available to any member of the panel who needs such service. The panel members are requested to consult with the administrator before - t - engaging experts or investigative services, to insure that the cost factors stay within reasonable bounds, and to allow the program to be fully advised of whatever outstanding obligations it shall have incurred. In the past law students have been provided to assist in valuable research both for the program generally, and for indi- vidual private attorneys operating on the panel. Utilization of law students has proved to be extremely beneficial in the pre- paration of writs, briefs and with, respect to general legal research . Students from various bay area law schools, most certified under the student practice art, assist panel attorneys and gain valuable practical experience in criminal defense work. ATTORNEY APPLICANTS New members of the bar association or attorneys that are not experienced in criminal law, who desire to join the program, trust make formal application setting forth their past work experience and interests. The applicants must then undergo a period of "apprenticeship" whereby they participate as an, observe-1,- in vari- ous courts throughout the county. Following a period of observa- tion and after having been teamed with experienced counsel, assignments are made to light arraignment calendars and less severe misdemeanor cases. A part of the training program is geared to the needs of the newer members of the program. All members have ready access to the administrator and to experienced trial counsel to assist in any problems at all times . in the� L more serious cases in which experienced attorneys are involved, attempts are occasionally made to have the newer member assist the experienced attorney in the defense. CONTINUING EDUCATION PROGRAM Immediately upon the initiation of the program, plans ans were developed for a continuing education program for the lawyers participating on the Private Defender Panel. Evening meetings are 'scheduled on a regular basis and deal with the practical and procedural aspects of criminal defense or Juvenile court proceedings. Informal presentation by leaders in various fields followed by a general discussion of problems and techniques has been the format for the evening sessions. In the last several years, rather than conduct extensive educational programs, panel members have been encouraged to attend criminal law seminars sponsored by any number of -6- orr=anizations by a partial subsidy procedure. The Private Defender Program reimburses the panel attorney a portion of the registration fee for pertinent seminars actually attended. COMil,N`TICATIONS Monthly communications to all panel members include recent court decisions which affect criminal defense work and bulletins relative to a variety of criminal law topics . The bar associa- tion has established its own mail room operation for immediate communication to all attorneys involved in the program. Lquip _ . ment, including addressograph, mimeograph, and an automatic mailing machine have been purchased and are in operation. All attorneys in the county can be contacted by mail within a very short time. PRIVATE DEF ENDER COMIMIT'Z'TE The San rlateo Countv Bar Association, in order to discharge its responsibilities under the contract, and in order to formu- late a basic policy, has established a standing committee .enti- tled the Private Defender Committee. This committee conssts of attorneys who participate in the panel, other bar association members who do not actively participate in the panel, as well as some members who serve on the Board of Directors as well as on this particular committee. The committee meets monthly, and shares co-administrative responsibility with the Administrator. ATTORNEY FEES The attorneys who are members of the panel of the Private . Defender Program are paid -by the bar association from funds obtained from the county under the contract. The pay-ment is made according to 'a fee schedule which has been developed by the administrator, under the guidance. o.f the Private Defender commit- tee. The fee schedule allows. for certain variables which can increase the fee in a particular case, depending upon the basic demands of the case. In more serious cases, or extremely compli- cated cases, or cases in which unusual demands are made upon the attorney' s time and skill, the attorney is entitled to apply for a special fee in excess of that set forth on the fee schedule . The application for special fees must contain sufficient descrip- tion of the extraordinary services involved. That application is then screened by a Special Fee Committee, which is composed of members of the Private Defender Committee who are, themselves, active participants on the panel. They can approve, or adjust and approve, or deny the application for special fees. The fee schedule, by and large, is quite modest. In effect the panel attorneys in large part subsidize the county and thzeby the taxpayer in performing their services at extremely low rates. In order to insure maintenance of the appropriate level of ser- vice, it is necessary that the Bar Association renegotiate its contract with the county each year in an effort to make some -7- upward adjustment of revenue so as to upgrade the fPe schedule. The Association has estimated that the total cost to .-e county for its services under the contract is about twenty percent • below equivalent costs that would necessarily be expended to maintain a properly staffed pubic defender office_ it is the goal of the Association to reduce this margin, to about ten per- cent to more properly compensate attorneys, yet still achieve substantial savings to the taxpayer. SUMM:11RY In 1969, the Private Defender Program was in its experimen- tal stages. But within a very short time, it received the enthusi- astic support or the courts, and those segments of local govern- ment and the community which were familiar with its function. It has now transcended the experimental stage, and is a viable system whicl, allows the private practitioner to be involved in what so often is the function of a public office, and to do the job at a lower cost. The fixed over-head expenses, on an individual case basis, are passed on and absorbed by the panel members. The client is treated with the same respect and care in the handling of his or her case as is any retained client. The client has the com- forting knowledge that a particular person is responsible for his or her representation. If not in custody, the client will confer with the attorney in the lawyer ' s individual office, as opposed to public offices. The p��ysiological effect of this is S extremely important to mazy clients, instilling in them a sense of dignity which might not otherwise be felt, no matter now com- petent a government operated system might be. Although the income is meager, the attorney has the satis- faction of knowing that he or she is performing an appropriate community service in the highest tradition of the legal pro'Les- sion. The attorney has an opportunity to stay proficient and conversant and interested in a vital and changing area of the law. The cost to the taxpayer is lower than that of an effi- ciently managed Public Defender Office. This is particularly true when one takes into account the enormous number o= conflict of interest cases which must be handled outside a Public Defen- der ' s Office at additional expense to the taxpayer at a signifi- cantly higher cost per case . The San Mateo County Bar Association, thus continues to pro- vide a traditional service in a unique and innovative way. The Private Defender Program is compactly and efficiently staffed to administer and supervise this extensive undertaking, and to con- tinue to engender the enthusiastic cooperation of the individual members of the bar. Because of these factors, the bar associa- tion has fulfilled its stated objective, to provide high quality representation to indigents at a reasonably low cost to the tax- payer. -8- National Legal Aid and Defender Association rClara Shortridge Foltz Award Begun as an experiment in public/private partnering in 1969 , the Sar. Mateo County Bar Association Private Defender Program will celebrate twenty years of innovative and effective representation of indigent citizens accused of crime. San Mateo County is a suburban community on the California coast, sandwiched between the Baghdad by the Bay which is San Francisco, and the Silicon Valley of Santa Clara County to the south. San Francisco International Airport is actually located in Sar. Mateo County. In 1969 , the Board of Supervisors conducted a series of hearings to determine what form of indigent criminal defense system would best serve the county ' s needs. The existing system consisted of the appointment, in rotation, cf whatever attorney happened to be next on the judge ' s list. Few, if any, cases were assigned after a consideration of the difficulty of the case or the experience of the attorney next in rotation. Vouchers for payment were submitted to the judge, whose routine approval or cavalier reduction, alternately displeased either county administration or the attorney. Neither objective standards, nor system-wide procedures existed. With costs rising, and no restrictions on accountability, the Supervisors set out to bring order to chaos . At a series of hearings conducted by the Supervisors for the purpose of determining the best system, no dispute arose amongst the participants as to the inadequacy of the ad hoc approach. The Supervisors wanted to install the least expensive,' ` constitutionally adequate, system. The Bar Association wanted a better than adequate system utilizing the private bar. The Bar promised to represent the appointed clients as well as, or better than, an institutional public defender and, to do so at less cost to the Countv. For almost twenty years the Bar has kept its promise. The Private Defender Program enjoys a well deserved reputation for vigorous, ethical , high quality representation of indigents not only within the criminal justice community of San Mateo County but also throughout the State of California. National recognition was conferred several years ago with an Award of Merit from the American Bar Association. The Program has had inquiries from, held consultations with, and, been studied by countless jurisdictions and organizations nationwide. Aside from the recognized high quality of the .representation afforded, the work of the attorneys in this Program is the same 1 arduous task presented to all criminal defense lawyers • everywhere. What sets the Private Defender Program apart is the way the job is done. With the exception of three salaried staff attorneys, whose duties are largely administrative, all of the lawyers who represent appointed clients are in private practice. A number of benefits flow from that circumstance: a. Utilizing private practitioners, who are members of the Bar Association, allows the Program to add more :, attorneys to its panel, at no cost, whenever caseload increases or other factors rec-uire it. b. Since offices, secretaries, library, furniture, and equipment are the responsibility cf the individual lawyer, these costs. are not reflected in the Program budget and thus do not require funding by the County. c. Using a large panel of attorneys in private practice allows the Program to assign separate counsel to any number of co-defendants and to avoid conflicts. Since there are no conflicts, there is no need for a conflicts defense system. This considerable savings allows the County to fund the Program at a higher level than would otherwise be the case, and still save a substantial amount of money. d. A large number of experienced criminal lawyers, in private practice, creates a pool of readily available talent for use by the Courts as pro-tempore judges to preside over criminal trials when needed. The Courts of San Mateo County have utilized this resource countless times in the last several years as criminal filings dramatically increased. e. The attitude of clients about their case, and their lawyer, is favorably influenced by having an attorney who is not overburde�d by a crushing caseload, and, by meeting with their attorney in the pleasant surroundings of a private law office. f. With a panel of approximately 135 private lawyers, and the flexibility to add more attorneysm imediately, the caseload crunch, common to most defender offices, is non- existent. Panel attorneys are not required to handle any minimum number of cases; they know that there are plenty of other panel members to take the cases that any of them cannot take; and they are able to properly schedule their indigent defense work within the framework of their private practice as a whole. This goes a long way towards reducing the "burnout" so customary to indigent defense. The contract between the County o: San Mateo and the Bar Association, with few exceptions, provides funds for all costs associated with the defense of a criminal case. The practical effect of this is that whatever an attorney needs to adequately defend the client is provided by the Private Defender Program. To obtain an investigator, medical expert, polygraph, document examiner, evidence testing, photocopies, transcripts, or any type 2 of expert consultation such as accident reconstruction and juror • profiles, the assigned lawyer simply receives authorization from one of the administrative staff attorneys. This procedure has the following advantages : a. It eliminates the cost of preparing the otherwise required motions and orders, and the attendant court appearances . b. It eliminates the inequities occasioned by different judges ' opinions about defense expenses . c. It eliminates disclosure to the prosecution of the direction of the defense, in most instances. The schedule of fees paid to the attorneys is determined by the attorneys . Neither the County nor the Court has any role in fixing the amount of compensation paid to any attorney for any Program case. Without going into a long description of the numbers and mechanics of the fee schedule, perhaps an abbreviated overview of the Program budget will be helpful . Once budget negotiations with the County have been concluded, and the contract has been approved by the Board of Supervisors, the internal budget process of the Private Defender Program commences. The fixed expenses, including rent, staff salaries, payroll taxes, and professional liability insurance for each of the approximately 135 private practitioners, are budgeted. The variable expenses, other than attorneys ' fees, • such as office supplies, investigation, experts, library, and training are estimated and then budgeted. The fixed and variable expenses are subtracted from the total funds available under the contract, and the remainder is budgeted for attorneys ' fees. For example, the 1987-88 fiscal year contract generated $6 , 400, 000 . 00 . Of that figure, $5, 200 , 000 . 00, or 810, was budgeted for the payment of the attorneys. Because of the uncertainties involved each year in accurately forecasting the variable expenses, it is not always possible to upgrade the schedule of attorneys ' fees annually. However, at the end of the fiscal year, from unexpended funds remaining, an additional fee is paid to each attorney. This fee is based on a percentage of the total amount of compensation received by the attorney during that fiscal year. For example, this year an additional $415, 000 . 00 will be paid out to Program attorneys . Individually, this represents 10% of what each attorney was paid for work performed during the year. The lawyers pay themselves less during the year to make sure that all Program obligations are met; the most important of which is the full and complete representation of the client. Since all recauired or necessary expenses of a client' s case are paid from Program funds as a whole, and not from any attorney' s individual fee, whatever remains at the close of the year rightfully belongs to the lawyers and is paid to them as described above. 3 In an era of chronic revenue shortfalls, the Bar Association Sis particularly proud of its record of cooperation with county government in structuring the contract for indigent defense services. The 1988-89 fiscal year contract negotiations allow the County to withhold approximately $137 , 000 . 00 from advance payments due the Private Defender Program in order to fund two additional deputy district attorney positions in the municipal court. It is expected that these additional positions will enable the district attorney' s office to screen incoming cases more carefully than is presently being done. The result will be fewer cases filed and obvious savings throughout the criminal justice system. If, however, the expected results are not obtained, the County will have to pay the $137 , 000. 00 to the Program plus an additional $100, 000 . 00. for the excess cases. If the caseload is reduced, the contract provides for an alternate funding approach that will allow the County to choose the method which is the least expensive. The hope is that the Program' s caseload will be reduced by at least 10% from last year' s high of 24 , 000 cases. The San Mateo County Bar Association Private Defender Program seeks the recognition which this prestigious award will confer, not just for itself, but for the judges, the County Manager, the Board of Supervisors, and all the attorneys, without whose support and risk-taking creativity and plain hard work this Program could not have survived. 4 PANEL RFOUT F.M" NTS APPLICATION TO THE PANEL Members of the San Mateo County Bar Association may apply for admission to the Private Defender Program. Applications may be obtained from the Private Defender Program office, 333 Bradford Street, 2nd Floor, Redwood City, California 94063 . The written application, with an optional resume setting forth the applicant ' s experience, shall be submitted to the Private Defender Program office. After receipt of the applica- tion, an interview will be arranged. ADMISSION TO THE PANEL The following are requirements for participation in the Private Defender Program: (1) An applicant must be an active member of the San Mateo County Bar Association as defined in the By-Laws of the Association, for at least twelve consecutive months ; (2) The principal office of the applicant must be in San Mateo County; (3) Such criteria as may be established by the Administrator of the Program. Notwithstanding the requirements stated above, any associate member of the San Mateo County Bar Association who is a member of the Private Defender Program panel, in good • r T standing, as of July 1, 1987, and whose office is located outside the County of San Mateo, may continue participation on the panel providing that no significant changes are made in the number, operation or location of the office or offices of such member. The Administrator of the Program has sole discretion to admit applicants to the panel consistent with the professional, contractual, and program obligations and require- ment of the San Mateo County Bar Association and the Private Defender Program. REMOVAL FROM THE PANEL Voluntary resignations from the panel will be accepted upon receiptof a, letter indicating a desire to resign. • No temporary, limited or qualified resignations are permitted. Any attorney who voluntarily resigns may reapply at any time for re-admission to the panel. No special considera- tion will be given based solely on the fact of prior membership on the panel . Voluntary resignation does not entitle any attorney to automatic re-admission to the panel . The Administrator may suspend or remove any attorney from the panel in the best interest of the Private Defender Program. Reasons for such action may include, but are not limited to: (1) Failure to handle assigned cases -in a satisfactory and professional manner; (2) Violating professional ethics; Page 2 r t (3) Failure to maintain membership in the • San Mateo County Bar Association; (4) Failure to comply with the rules, regulations cr policies of the Private Defender Program. An attorney who is suspended or removed from the panel is entitled to meet with the Administrator concerning such decision and is entitled thereafter to appeal to the Private Defender Committee of the San Mateo County Bar Association. LEAVES OF ABSENCE A leave of absence from the panel for a specific period of time may be granted with the written approval of the Administrator. Such leaves may be granted only for good cause • which may include illness or an extended vacation. CONTINUING EDUCA'T'ION Each panel member is required to attend the training seminars and programs scheduled throughout the year by the Private Defender Program. Panel members are encouraged to attend C. P. D.A. , C.A.C.J. , C.E.B. , and other professional programs on subject .matters pertinent to the Private Defender Program. In the event a member is unable to attend a mandatory seminar and program, such attendance may be made up by ' viewing video tapes or listening to audio tapes of the Private Defender Program sponsored programs. • Page 3 I' T NEW PANEL MEMBERS Each newanel attorney, regardless of ex- perience, will be assigned at least two sponsor panel attorneys. The sponsors will be attorneys who are presently practicing in the court or courts to which the new panel member will be assigned. The sponsor will introduce the panel attorney to the judges and members of the District Attorney' s Office and will review all cases with the new panel member prior to pre-trial . Prior to being assigned any cases, the new panel member must, while accompanied by at least one of the two sponsors, observe: (1) a pretrial calendar; (2) an in-custody interview; (3) an arraignment calendar. • The sponsors will continue to review all cases with the new panel me_*:ber until such time as the sponsors and the Administrator, or the Administrator' s designee, agree that such review is no longer necessary. ERRORS AND OMISSION COVERAGE Unless insurance is provided by the Private Defender Program, all attorneys on the Panel are required to maintain errors and omissions (professional liability) coverage in a minimum amount equal to that required for participation with the Lawyers ' Referral Service. All panel members must submit to the Private Defender Program office a copy of the face sheet of a Page 4 Y i current insurance policy which must include the amount of cover- age and the expiration date of the policy. Page 5 i r • CASE APPOINTMENTS MUNICIPAL COURT ARRAIGNMENT CALENDARS Calendar attorneys are members of the panel who are assigned by the Private Defender Program office to handle all assigned calendars . The calendar attorney assigned to an arraignment calendar is expected to retain at least five cases of those in which appointments of the panel are made and handle such cases until conclusion of the case. It is particularly desire- able that a calendar attorney retain more serious felony cases with the exception of homicide case which are assigned from the Private Defender Program office. Less serious felonies and mis- demeanors are generally reassigned to attorneys serving on the panel who do not handle arraignment calendars. Any case may be assigned or reassigned by the Administrator or the designee of the Administrator. It is almost always in the best interests of clients to close traffic matters and misdemeanor cases where it appears that the client is guilty and may receive credit for time served, especially in those cases where a release on the client ' s own recognizance has been denied. Calendar attorneys may bill for a maximum of five case which are closed on any given calen- dar. Each court conducting an arraignment calendar typically has a supply of Private Defender forms which should be Page 6 filed out by the calendar attorney and given to each client to • inform the client of the telephone number of the Private Defender Program as well as future court dates. The arraignment courts usually have available a Spanish interpreter who is adept in the procedure of providing Spanish speaking clients a form in Spanish. Calendar attorneys should deliver the calendar information to the Private Defender Program office, or telephone the information to the office, as soon as practicable so that all appointed clients can be rapidly assigned an attorney. Addition- ally, the Private Defender office needs to be alerted to unusual problems which need to be referred to the calendar attorney or another panel attorney the following day. • In rare instances when a calendar attorney is unable to appear to handle a calendar, - - the Private Defender office should be notified as soon as possible to allow sufficient time to obtain a replacement. The Private Defender office must approve reassignment of calendars . DURATION OF APPOINTMENTS Generally an attorney' s responsibility for representation of a client ends when a specific proceeding for which the attorney is appointed is concluded, including final judgment or final order. Where a final order or . final judgment is adverse to the client, it is the duty of the attorney to advise the client of any right to appeal or collateral attack. • Page 7 1 Appeals and post-judgment writ proceedings require specific appointment. It can be anticipated that a significant number of our clients will be late to court for proceedings . It is expected that no attorney will move to withdraw as counsel of record on tre first call of the case, but rather ask that the matter be passed and subsequently make every reasonable effort to contact the client to determine the client' s whereabouts. Often attorneys move to withdraw a short time after court has convened and leave the courthouse, only to have the client appear, the Private Defender Program . reappointed, and yet another attorney assigned to the case. This unnecessary procedure is costly to the program, a waste of attorney time, and confusing to the • clients . In the event of withdrawal because the client fails to appear, the Private Defender Program office, upon reappointment, will first attempt to reassign the case to the original attorney. The original attorney should accept the reassignment and bill the program according to the fee schedule. In juvenile proceedings, the appointed counsel must continue to represent minors in 601 and 602 cases until relieved by the court. Thus, at the conclusion of the proceeding for which the attorney is appointed, a motion to be relieved should be made. _ In LPS proceedings, if the attorney is appointed on an initial petition, once the issue to grant or deny the Page 8 petition has been adjudicated, whether by hearing or trial, the • attorney should move the court to be relieved as counsel at that time. Upon an adverse final order of judgment, counsel shall advise the client of the right to appeal . The Private Defender program does not handle appeals from the superior court. .Appeals from municipal court orders or judgments are assigned by the Private Defender Program office. In those rare instances when a client needs an extension of time to pay a fine, an extension, of time to sur- render, where there is a bench warrant surrender, . or . other proceeding after final order or judgment, the attorney assigned should make every effort to calendar the client ' s case and make the appropriate motion or otherwise assist the client. Should • this activity recruired an inordinate amount of time, an administrative fee would be appropriate. The Private Defender Program office, in all cases , will designate the appellate attorney, if one is. appointed. In appeals from the municipal court, the trial attorney should advise the Private Defender Program office whether the attorney wishes to handle the appeal or have it reassigned. REASSIGNMENT When the calendar is reported to the Private Defender Program office, the calendar attorney shall indicate Page 9 1 1 those cases which are closed, those which are retained by the ® calendar attorney, and those which need to be reassigned. The assigned attorney shall be solely responsible for the handling of each assigned case and under no circumstances shall any assigned attorney unilaterally reassign a case to another attorney. This provision does not preclude routine appearances by a member of the panel for another attorney who is in trial, late, or when a case needs to be passed for the arrival of the assigned attorney. In those instances when the assigned attorney cannot be present, a panel attorney should make the appearance and contact the client in court. Obviously, when an attorney accepts an appoint- ment, the attorney enters into an attorney-client relationship exactly as would exist with a retained client. In those rare ® cases where the assigned attorney is unable to complete the assignment, the Private Defender Program office must be notified to reassign the case. The assigned attorney should inform the client of the reasons necessitating the transfer of the case and the client' s consent should be obtained where possible. The attorney accepting the reassignment should contact the original attorney to discuss the case, obtain the file, and take those actions necessary to avoid continuances which may be detrimental to the client. DEFENDANT ' S REFERRAL SERVICE Page 10 occasionally a client will be referred to the Private Defender Program when court appointed counsel is not appropriate. All Private Defender Program members are expected to accept retained referrals from the defendant's referral service. These clients are those of marginal income or assets who are financially ineligible for court appointment, but who are able to make a reasonable but reduced payment for Attorney' s fees often on a monthly basis and which approximate Private Defender Program rates. The designated attorney should quote a minimal retainer, and work out terms for the payment of any remaining fees . This referral service should not be confused with, the Lawyer' s Referral Service which has no fee guidelines. In the event the client is unable to afford the reduced fee, the designated attorney should complete the referral form and return it to the client so that the client may seek to have the court reconsider appointment of counsel at the next court appearance. Page 11 PANELS 1. Misdemeanor Attorneys assigned to represent clients charged with misdemeanors are expected to obtain copies of the police report and to meet with the client prior to the pre-trial conference. It is almost always in the best interests of the client for the assigned attorney to consult with the deputy district attorney prior to the pre-trial conference. Panel attorneys appearing on a given pre-trial calendar should avoid scheduling conflicts wherever possible. In those instances where conflicts cannot be avoided, the clerk of the court should be advised of the attorney ' s temporary absence and another panel attorney asked to pass the matter should it be ® called while the assigned attorney is elsewhere. EverYffort should be made to meet with the client beforehand to advise the client of the absence of the assigned attorney so that the client will not tell the court that the identity or whereabouts -of the assigned attorney are unknown. A decision to accept a plea bargain or to plead to the charge should be made by the client only after the alternatives are objectively set forth by the assigned attorney. The manner in which a case is presented to a client often dictates what decision the client will make. The assigned attorney should avoid assuming the decision-making authority of the client. Often the impact of a conviction to a client, Page 12 whether by plea or verdict, is the same. Trials are encouraged in every appropriate case. 2 . Felonv The preliminary hearing is a substantial right of a client. It should not be waived unless there is a benefit to the client. Each assigned attorney is required to provide a superior court memorandum prior to the superior court appearance for each case certified to the superior court from the municipal court including 1367-68 , 3050-51, and 859a certifications . The form should be completed in detail with particular attention to motions, time estimates, and dates of attorney availability. In most felony appointments, clients will be incarcerated. It is expected that the assigned attorney will meet with the client prior to any meaningful phase of the prosecution. Meeting with the client at the earliest possible time after appointment after appointment is expected. The Private Defender Program will make all arraignment appearances in superior court for assigned counsel except for sentencing on 859a certifications or where a guilty plea is to be entered at arraignment. Assigned attorneys may handle such first appearance if they so desire. Assigned attorneys are expected to be familiar with the rules of court and procedures for filing of all motions. When a matter has been set for receipt of a probation reports and sentencing, it is expected that the Page 13 assigned attorney will assist the client in all stages of the preparation of the probation report, and will contact the probation department to present mitigating evidence and explain the terms of the plea bargain so that the probation department receives a balanced view of the case. 3 . Juvenile Panels There are two panels of attorneys which are administered out of the Private Defender Program office at Hillcrest, 21 Tower Road, Belmont, California 94002 , telephone 573-2127 . (a) The 300 W&7 pane! The Private Defender Program receives ® appointments from the superior court (juvenile) . Attorneys are assigned to represent minors who are the subject of petitions filed by the office of the district attorney because it is alleged that the minor has been abused or neglected pursuant to Section 300 (a) - (e) of the Welfare and Institutions Code. Panel- attorneys anelattorneys are also often assigned to represent the parents of the minor or minors who are the subject of Section 300 (a) - (e) petitions . When a minor is taken into protective custody by Children' s Protective Services (CPS) , the intake social worker notifies the Private Defender Program office of any request for legal representation, either for the minor or the parents . The secretary at the juvenile office then assigns the Page 14 cases to the panel attorneys . Upon making the first appearance in juvenile court, the panel attorney is appointed by the juvenile court judge or referee and remains the attorney of record until relieved by the court. (b) The 602-W&I Pane-1 The Private Defender Program receives appointments from the superior court (juvenile) to represent minors accused of committing crimes and/or of violating proba- tion. The Private Defender Program staff attorney ordinarily makes all first appearances for 602 W&I minors and sets the matters for pre-trial conferences and/or jurisdictional hearings (trials) . Those cases which cannot be handled by the staff attorney are assigned out to panel attorneys who then become the attorney of record until relieved by the court. (c) Private -Defender Procrram Expectations for Client Reoresentation in Juvenile Court 300 Panel : Every attorney is expected to contact the client (minor or parent) prior to the court hearing. If a minor is detained in Shelter Care, the attorney is expected to contact the client there whenever possible. 600 Panel : If a minor is detained in custody in Juvenile Hall, the assigned attorney is expected to contact the minor there. If a minor is not detained, the Private Defender Program juvenile secretary sends a letter to the minor Page 15 advising the minor to contact the assigned attorney. It is ® expected that the attorney will contact the minor prior to the next court hearing. 4 . LPS Panel The LPS Panel is administered by the Private Defender Program staff attorney in the Juvenile office, 21 Tower Road, Belmont, California 94402 , telephone 573-2127 . (a) Calendars LPS calendars are conducted on Fridav mornings at Chope Hospital, 222 West 39th Avenue, San Mateo, California. ® LPS Panel attorneys handle these calendars . The attorney is expected to pick up the files for the calendar on the Wednesday afternoon preceding the Friday calendar. The. attorney is expected to contact each proposed conservatee prior to the Friday calendar. The calendar information is to be. transmitted back to the Private Defender Program juvenile office no later than the following Tuesday. (b) Writs of Habeas Corpus When a client is involuntarily held in a facility and wants to get out, the Private Defender Program staff attorney is notified either by the client or a Patients ' Rights Advocate. The matter is assigned to a panel attorney. The Page 16 expectation is that the assigned attorney will contact the ® patient within 48 hours of the assignment. (c) Establishments The client has the right to demand a jury trial on the issue of the disability giving rise to `the establishment of a conservatorship pursuant to LPS . This right must be carefully explained to the client and should only be waived when the client is, in the opinion of the attorney, capable of waiving this right. (d) Rehearings When a patient requests a rehearing, a questionnaire letter is sent to the patient by the Private Defender Program juvenile secretary. Upon receipt of the Ocompleted questionnaire by the Private Defender Program office, the matter is assigned to a panel attorney. The assigned attorney is expected to contact the patient within 48 hours of receipt of the questionnaire which . is sent to the attorney 'by the Private Defender Program juvenile secretary. (e) Experts When an attorney needs to employ the services of an expert for evaluation and/or testimony, the attorney must first obtain approval for the expert' s services from the staff attorney administering the LPS Panel . (f) Hearinas Reaardinc ECT (Electroconvulsive Theranv) Page 17 i Occasionally an attorney will be assigned to assist a patient upon whom a physician wants to perfo ., ECT. The attorney assigned is expected to contact the patient as soon as possible after the assignment but in no event later than 24 hours after the assignment. 5 . Civil Contempt Panel The Civil Contempt Panel is administered from the Private Defender Program office in Redwood City. The Private Defender Program receives appoint- ments from the superior court domestic. commissioner to represent alleged contemnors in domestic court. The domestic court clerk notifies the Private Defender Program office in Redwood City of these appointments and the client is directed by the Commissioner ® to contact the Redwood City office. Staff then assigns a panel attorney to represent the client and a letter is sent to the client directing the client to contact the assigned .attorney. 6 . Probate Pane The Probate Panel is administered from the Private Defender Program office in Redwood City. The superior court (probate department) appoints the Private Defender Program to represent probate conservatees, usually when the County Public Guardians 's Office is the conser- vator. These appointments are ordinarily made by the court at the recommendation of the probate investigator who notifies the Page 18 Redwood City Private Defender Program office of the appointment. Upon the receipt of all necessary documents from the probate investigator, the Private Defender Program will assign a panel attorney to represent the client and forward the documents to the attorney. The assigned attorney is expected to contact the probate investigator and the client. Conflicts of Interest - Multiple Defendants Where co-defendants both have appointed counsel , only one panel attorney from any one law office will be appointed to that case. Often there will be routine appearances such as arraignment, plea, or setting of hearings, where one panel attor- ney may appear specially for other attorneys . Attorneys so ® appearing should avoid any conference with the other cc- defen-dants regarding the factual nature of the case, and should limit conversation to advising such co-defendants of the purpose of the hearing and explaining the absence of the other co-counsel . It is the policy of the Private Defender Program that under no circumstances will one panel attorney represent two cc-defendants in anv case. This policy is to avoid the sugges- tion of a possible conflict of interest. Page 19 ATTORNEY RESPONSIBILITY AND DUTIES A. Attorney-Client Relationship Thequality of Private Defender Program represen- tation is expected to be equal to the quality of representation which would occur if the attorney were retained privately at the attorney' s usual fee. The panel attorney is expected to establish contact with every client regardless of the client ' s custody status . Generally when the client is in custody, a conference with the client should occur as soon as possible following the assignment. The initial contact in serious cases should occur within 24 hours of the assignment. Each panel attorney 'is expected to obtain the police reports in each case which is assigned as soon as possible 4 after the assignment. The attorney should review the contents of the report with the client and explore the client ' s defense.. Although it is not required, some attorneys find it helpful to accept collect telephone calls from clients in custody as an adjunct to jail visits. This is a practical means of dealing with some type of client concerns and saves attorney time and cost to the program. However, telephone calls with clients do not eliminate the need for jail visits. While telephone calls can be used to deal with some client concerns and with procedural matters as scheduling, care should be exercised Page 20 to ensure that privileged or sensitive matters are not discussed with clients during telephone calls from the jail .. B. Calendar Conflicts Panel attorneys should exercise care to avoid schedule conflicts in court appearances . If a calendar conflict occurs, it is the respon- sibility of the attorney to resolve the problem promptly. The Private Defender Program office will assist attorneys with calendar conflicts . Arrangements for assistance should be. made before the problem becomes a crisis. Most eleventh-hour requests for a continuance are treated with disfavor by courts unless an emergency is involved. , Attorneys should comply with the provisions of section 1050 penal code in seeking continuances . Informal stipulations with the district attorney regarding continuances must be approved by the court. Panel attorneys who are unable to make scheduled appearance must notify the court directly. An attempt should also be made to notify the client. If the appearance is for an evidentiary hearing the district attorney must also be notified. If a panel attorney seeks a continuance of a matter involving the probation department, that department should be advised of the continuance. If an attorney will be late for an appearance/ the court should be notified. The rules of court provide for Page 21 fines which can be imposed by the court for tardy or missed ® appearance. When such fines are imposed, payment will be the responsibility o the sanctioned attorney. C. Withdrawal from a Case A panel attorney assigned a case is . obligated' to remain on the case unless a substitution is made or the assigned attorney is relieved by the court. Where there is no substitu- tion, the attorney may move the court to permit withdrawal for good cause. Both the Private Defender Program and the client, if possible, should be notified of such a motion. The panel attorney' s responsibility is terminated if: (1) a client initiates a request to proceed in propria persona and the request is granted by the court; (2) retained counsel ' s motion for substitu- tion is granted; (3) the Private Defender Program office reassigns the case to another attorney; (4) the court grants an assigned attorney ' s motion to withdraw following a client' s failure to appear (see section regarding Duration of Appointment) ; (5) the court grants a Marsden motion. Under the Marsden case, an appointed attorney may be removed by the court if the client shows that the case is not being properly handled or that an irreconcilable conflict between the attorney Page 22 and the client has developed. The Private Defender Program ® should be advised of all Marsden motions. Care should be exercised by the attorney at the hearing on the Marsden motion to avoid situations in which the court grants the motion without the proper showing simply because it is expeditious to do so.. It is the policy of the Private Defender Program to resist the appoint- ment of advisory counsel . Panel members are expected to notify the Private Defender Program office when there is a problem with the attorney-client relationship. D. Snecial Aooearances For continuances that have been agreed upon in ® advance 'by all parties, . including the court, an assigned panel attorney may have another panel attorney make a special appearance. The appearance of substitute counsel on a matter involving substantive services is prohibited. E. Trial It is the policy of the Private Defender Program to encourage trials of appropriate cases. Before a decision is made to take a case to trial, the client must be fully informed both of the prosecution and defense evidence, and the possible consequences of winning and losing the trial . often it will be appropriate for the attorney to include in this discussion advice as to whether a trial is a prudent and wise course of action. Page 23 Clients occasionally elect to go to trial. against the advice of ® counsel . The decision as to whether or not a case is tried rests with the client. Attorneys should recognize that their prime responsibility is to ensure that the client ' s decision is an informed one. F. Motions and Writs Practice The assigned attorney is responsible for making motions indicated by the law and the facts of the case. In situations in which a client requests the attorney to make a motion which is not appropriate to the facts or the - law, the matter is to be discussed with an administrator of the Private Defender Program. A copy of every motion filed in a case is to ._ be sent to the Private Defender Program along with the billing on ® the case. Receipt of the copy of the motion by the Private Defender Program office is required if the attorney is to be compensated for making the motion. When an attorney feels that a decision should be reviewed by writ, the attorney should discuss the matter with an administrator of the Private Defender Program and secure approval before taking the writ. The assigned attorney may request that the writ be assigned to another attorney. G. Post-Trial Practice If the matter is referred for a probation report the attorney should arrange to assist the client with preparation Page 24 Clients who are employed and are only marginally indigent may be encouraged to pay a portion of the costs of the support services. Panel attorneys should never take the money for these services directly but instruct the client to pay the Private Defender Program directly. , Payment may be arranged through an administrator of the Private Defender Program. Investigators The program employs full-time investigators . The program also regularly utilizes contract investigators as demands require. 1. Procedure (a) An investigation request form is to be filled out in detail for every case requiring investigation. These forms are available at the Private Defender Program office. The request should be made as soon as possible to allow as much lead time for the investigator to schedule the necessary inves- tigation. The pre-trial date and trial date, or the preliminary hearing date should be clearly noted. (b) The police report and any other documents or information relevant to the investigation are to be attached to the investigation request. The defendant' s current address, even if in custody, should also be provided. (c) Deliver the request form to the chief investigator for assignment of an investigator. Page 27 of the probation questionnaire when such assistance is needed by ® the client or dictated by the nature of the case. Since the probation office will obtain the prosecutor' s file, it is important that contact be made with the probation officer in situations in which the contents of that file do not correctly reflect information concerning the defendant or the facts of the case. Contact by the attorney with the probation officer assigned to prepare the report is beneficial to the client in many situations and is recommended. In suitable cases it is possible to obtain private probation reports for submission to the court. In cases in which such a report appears advisable, the matter should be discussed with an administrator of the Private Defender Program. Upon receiving the probation report, the attorney ® should review it with the client and discuss, if appropriate, the possibility of a sentencing hearing. Errors in the report which reflect unfavorably on the client should always be corrected by the attorney during the sentencing. Sentencing should not be submitted on the report without the client' s approval unless the imposition of the recommended sentence has been agreed to in advance. The attorney's assignment to a case includes both the filing .of a notice of appeal when an appeal is to be taken and cooperation with appellate counsel . Page 25 SUPPORT SERVICES Generallv This section lists and describes a number of attorney services available for Private Defender Program members to use on assigned cases . Some of these require an expenditure of Private Defender Program funds, while others do not. Authori- zation in advance is required of all items involving the expendi- ture of Private Defender Program funds . Authorization for re- testing of chemical test results in driving under the influence cases may be obtained from the secretarial staff. Any other authorization requires approval by an administrator of the Private Defender Program. Billina Procedure for Sur)oort Services The preferred method of handling the payment .for authorized expenses is for the contractor to submit the itemized billing to the attorney who requested the service. The attorney reviews the billing to verify that the services billed were in fact those requested and that they have been satisfactorily ren- dered. The attorney then refers the billing to the Private Defender Program for payment. The attorney may, alternatively, pay the bill. and seek reimbursement from the Private Defender Program. Extensive or ongoing services are to be billed at regular intervals as opposed to a Jump-sum single billing. Page 26 (d) When no further investigation is ® necessary, or the case is closed, the investigator must be notified. 2 . Scientific Analvsis Handwriting, blood, hair, and semen analysis, weapons testing and most other questions of criminalistics should be coordinated through an investigator after the panel attorney has received an authorization for the expenditure of funds from an administrator of the Private Defender Program. 3 . Subpoenas Subpoenas are served by the invesigator only t when such service is combined with interviewing the person to be served, or when a special relationship between, the investigator ® and the witness (such as where the witness is not agreeable to service by anyone else) requires service by the particular investigator assigned to the case. In all other cases, the attorney should coordinate with the investigative staff for. service of subpoenas . 4 . Multiple Defendant Cases Where investigation is required in such cases, it will generally be assigned to contract investigators to avoid any conflict of interest problems for staff investigators. 0 .R. PROGRAM The O.R. Program is located at 303 Bradford Street, Redwood City, California 94063 , telephone 363-4181. Page 28 (1) The O.R. Program prepares reports to ® all municipal and superior courts pertaining to the release of defendants on their own recognizance or conditional release on their own recognizance. (2) The O.R. Program also performs a jail placement function for the Sheriff ' s Office. The Program should be contacted immediately if your client has special problems or needs . Bail - After Hours Bail is normally set by a judge in court or set- by etby an arresting agency according to the bail schedule in after hours situations . If an attorney wants the client released on the client' s own recognizance, or wishes to have a lower bail set, the attorney should call the county jail and ask for the ® O.R. Program person on duty. There is someone from the O.R. Program on duty at all times . The person from the O.R. Program will take whatever information the attorney has and prepare an O.R. report. The person from the O.R. Program can also telephone the judge who is on call, relay the attorney' s comments and indicate that the attorney would like to speak with the judge. Pronerty Bonds When a release on own recognizance is not available and a bail bond cannot be arranged, but relatives or friends of the client are willing to pledge interest in real- property ealproperty to serve as a bond for a client' s release, the attorney should pursue a property bond. Page 29 SERVICE LEAGUE The Service League of San Mateo County, a non- profit corporation, located at 878 Main Street, Redwood City, California 94063 , telephone 364-4664 , provides services to inmates of the San Mateo County Jail including the following: (1) relaying prisoner messages (2) marriage (3) job and spiritual counseling (4) child care and support of inmate families The Service League will also provide clothing to court appearances if contacted by the attorney and given enough lead time. ® A volunteer is in the main jail daily -- Monday through Friday. BLOOD ALCOHOL RETESTING Anv staff member of the Private Defender Program may authorize blood alcohol retests and urine analysis . Expert testimony requires the prior approval of an administrator of the Private Defender Program. TRANSCRIPTS Authorization from an administrator of the Private Defender Program shall be obtained prior to ordering any ,® Page 30 transcripts for which the Private Defender Program will be billed. Please note that there are some situations in which the court is required to pay the cost of the transcript on appropriate motion. POLYGRAPHS Authorization must be obtained from an administration of the Private Defender Program prior to a polygraph. EXPERTS The Private Defender Program, in the discretion of an administrator, will compensate experts in panel cases where expenses are not paid by the court. A, request for authorization should be made prior to hiring any expe-rt. The panel attorney should discuss with the expert the possibility of receiving a reduced fee because of the nature of the Private Defender Program. A notebook of local experts previously used by panel attorneys is kept at the Private Defender Program office. - The CACJ book listing expert witnesses is also at. the Private Defender Program office. RESEARCH ASSISTANCE The Private Defender Program sometimes hires a Page 31 law student, at least part-time, who may be available for ® research for panel attorneys. Page 32 BILLING PROCEDURES General Billing forms are available from the Private Defender Program and are required to be submitted on each case assigned. Each bill must be typed and should reflect all appearances, motion, results obtained, as well as hours spent both in and out of court. To ensure prompt payment, panel members are reauested to submit bills as cases are closed rather than accumulating bills for submission at a particular time of the month. Bills submitted more than 60 days after the case has been closed will not be paid. ® Sunerior Court Memorandum In completing the superior court billing memoran- dum after a case has been certified to the superior court, panel members are reauested to ensure that the defendant ' s name is typed at the top, as well as in the middle of the form since the top portion of the form is separated for internal use in the Private Defender Program office. This form should be submitted immediately after certification to the superior court, even if the panel attorney intends to appear at the arraignment in superior court. Each attorney shall complete and deliver the superior court memorandum to the Private Defender Program office Page 33 r _ prior to the client's appearance in superior court. Particular Oattention should be paid to completing the portion of the memorandum regarding motions and time estimates . Special Certifications to Superior Court When a case originating in the municipal court' is certified to the superior court for further proceedings (e.g. , mental competency, juvenile proceedings) , it should not be billed until : (a) the case is finally disposed of in superior court, or (b) the case is remanded to municipal court and thereafter finally closed. LPS Billing Where the estate possesses sufficient assets from which attorneys may be paid, the assigned counsel should so advise the court. Should the court order payment of fees from the estate, the attorney must notify the Private Defender Program office either directly or by submitting a billing form with a notation that no fee is requested. Special Fees When a panel member closes an extraordinary case, a special fee request is in order. Every special fee request must be accompanied by the case billing form and must . be in I� Page 34 r letter form setting forth those facts which, in the attorney' s opinion, make the case worthy of special fee treatment. An itemized statement of the special services rendered and the time spent for each task, as well as a suggested dollar amount which the attorney believes fairly represents the value of the work performed should be included as well. The fee schedule published by the Private Defender Program sets forth classes of cases which merit special fee consideration. The Private Defender Committee will appoint -a Special Fee committee of at leas'" three members, one of whom will be an administrator of the Private Defender Program, which will, on a monthly basis, review all requests for special fees. The Special Fee Committee shall determine the hourly rate for payment within the range set forth in the fee schedule or, in appropriate cases, award a Jump-sum special fee. Administrative Fees In those cases where the extraordinary fee requested does not exceed the administrative , fee limit as set forth in the fee schedule, the request should be directed by letter to the Assistant Administrator of the Private Defender Program, or Staff Attorney in the case of juvenile or LPS requests, who will determine the fee to be paid. Requests for administrative fees will not be reviewed by the Special Fee committee. Page 35 1992-1993 County Personnel Contact List For Private Defender Program Information 1. WILLIAM SCHUMACHER, Member Board of Supervisors Hall of Justice & Records Redwood City, CA 94063 2 . ANNA ESHOO, Member Board of Supervisors Hall of Justice & Records Redwood City, CA 94063 3 . JOHN MALTBIE County Manager Hall of Justice & Records Redwood City, CA 94063 4 . PAUL SCANNELL Asst. County Manager Hall of Justice & Records Redwood City, CA 94063 5 . HON. PHRASEL SHELTON, Presiding Judge Superior Court Hall of Justice & Records Redwood City, CA 94063 6 . HON. ARAM SERVERIAN, Criminal Presiding Superior Court Hall of Justice & Records Redwood City, CA 94063 7 . HON. MARK FORCUM, Presiding Judge Municipal Court 750 Middlefield Road _ Redwood City, CA 94063 8 . HON. MARGARET KEMP, Juvenile Presiding Superior Court 21 Tower Road San Mateo, CA 94402 9 . JAMES FOX District Attorney Hall of Justice & Records Redwood City, CA 94063 10 . STEPHEN WAGSTAFFE Asst. District Attorney ® Hall of Justice & Records Redwood City, CA 94063 ` 1390 Market Street, Suite 910 . S pari Mateo Private Legal Challenges Are Likel '. _:_ 7 _=•==' 'Defender Program -43 `Unique, Well Used Under City DUI Billing Pla' n ,:Z.,:___. 'rBy SUSAN KOSTAL people will probably end up payg t}; b By SUSAN KOSTAL either because they will not _...:: —–T– e A prominent drunken driving defense at- city's authority, or don't have themac l4fateo County's Private Defender Pro- torney is vowing to fight San Jose's plan to fight it on it principle."A lot wM r-. gram is unique in two ways. One, says John bill those arrested for drunken driving an intimidated into paying - he sd._. i-•.. `� McInerney,its executive director, "It's differ- average of 5155 for the cost of "emergency "personally, anytime I see =:seat than anyone does it in the United States." response" by police and firefighters. deprived of propert r twberty Withoat o,after talking with judges,attorneys Santa Clara attorney Randy Moore, who process of law, I'm ala sa... county officials, everyone seems to like it has as many as 800 dranken driving cases "Those with competent count�,m be a `- -that way.. .. - - ---- - _ -. pending at one time,said he has doubts about vised not to pay it•" -_=- Well,there is one person county officials say the validity of the law and will advise his The city's program is retroactive:.Blas is less than pleased. But District Attorney clients to not pay the fines. more said those arrester earlier this James Fox's gripe is not with the Private De- The new program is allowed under a.law may also be billed. _ = _= fender Program, it's with the county. - that went into effect in 1986. Done of Moore's clients haver eive . _ Fox, who supports and participated in the Under the cin-'s new emergency response bill yet as far as he knows but whey t+.x.--- program before becoming district attorney, program, autaorities may bill any motorist start pouring in this holiday seasoq Maar —_—.admitted he is a bit jealous the private defend- whose intoxication,causes them to violate the has promised to"take a teal closelo&atit er program received $6.4 million this year, vehicle code and be arrested in such a way "I will not advise my cheats to pay tbei . while his criminal department only got $5.8 that necessitates an "emergency response" unless I am convinced+it's lawfuLAnd1d=' million_._.:__.:.... ._ ..,.._ . _ from police, firefighters or paramedics. think it's lawful," he said.. The private defender program was formed in According to San Jose police, emergency Blackmore said he was-not : 1rised 1968 b the coup bar association. San Mateo response begins they as turn on their emer ` _ Y �' po g Moore's promise to fight the program_-_1'< has never had a public defender program. gency lights or sirens, sure it will be challenged," he said,. Even though this year's budget is 5500,000 "We welcome those chaIlenges.-U-tbc more than last year, Billed at Hourly Rate are unsettled issues the cotuU WEI seer= McInerney said,"all parties have agreed the Offenders wiL be billed at an hourly rate of them for us and then we'll lrnvw: =t private program is less expensive"than a pub- about$35 to 538 dollars for each law enforce- "This is a new program, and rim az4 lic defender program, and, he would argue, ment or rescue person involved in the there will be policies changed down the lb= more efficient. incident. We won't know until the eo sayyw If an accident caused by someone accused do it or you can't," he said.'' —- Tenth in a series on Bay Area district attorneys of drunken driving brings three firefighters, Blackmore said he has no prem-.vf and public defenders. two paramedics and three police officers to . .billing those.arrested for drLmkzn-din, the scene,each who work on the case for two "T not a form of imtroe: Compare it to Contra Costa County, he said, hours,the bill that would arrive about a week ly," he said. - _--�- which is of similar size and spends$7.3 million later would range between 5560 and 5000,said "But you get real bitter toward dry each year to process 22,000 cases. San Mateo Sgt.Charles Blackmore,of the police depart- when go to a crash and see a comae dea� County spends $6.4 million to process 24,000 ment's traffic investigations division. bodies. It makes you kind o#getttptret�� cases. The average bill will probably be approxi- you see it. County officials don't argue with figures like mately 5150. Blackmore said. Collections `"If..this causes somebody to t� uric that. But the program has not always enjoyed from the program will go to the city's gener- about it, (driving wbile intmdcatedl moxa al fund. ... . a. ,...... :...:� ;�-..:.:..•_ ..�.....� ,._:. saves ��r ;.• _ .,:_ ,^.;*'.,.m: �:,�;.,,,--T saysomeone getting k�illed or is r What irks some attorneys is that theworks, by gosh, we've done some goodyba �� charge is for those arrested. The city has - ',�;p,: .,. ,��y: ,. tY said. el determined that conviction or acquittal has Blackmore and area attorneys said ibis i` ,,,,,�•�;._ _.. �;� �'-:.�,; nothing to do with it, Blackmore said. one more example where mtm!f�.pajides are "It is the position of the city attorneys finding ways Miag they arrest,tc '��,,_.• - ��-�.�,� .. . g Ys of b' those office that a 'not guiltydoes not negate the rver_the cost of police and fire Po Pa city departments. res ase by the Police department.The services personnel still had to respond.This PoDon Postelle,president of the 5o-membe '"'%=' „- ♦♦__.�a�,,! - ;..s. is not tied in with the courts at all," Black- Saata Clara Coun�v Attorneys for C�imina v.:r•y.r,:_l, t 1" "dAdli,._y. e�:i~,s,: t more said. Justice, said it is unfair to single out aar. City Attorney Joan Gallo has defended the group, those arrested for dr-mken driving practice on the basis of the state law. She for such treatment_ notes the law allows a municipality to bill "My few is those people (police CIS drunken drivers,a civil debt the community po t`I cern) get paid to do their}obs gad if do tfieiz can recover without waiting to see if a person they r-....: .•�-� g Pe job as they are supposed to, are txos is convicted. entitled to any more than trey are paid_ We The bill goes to those arrested, not those pay taxes. That's what to yes arefor," ix mss-. stopped by an officer, Blackmore noted. said. - ._. Moore said he was aware of the city's plans i;ge=e•b� _ ... .:::.•�,� �.._.._. ..;- "Some fires are caused b�ne_=-_ - Y for the program which he called "pretty out- we don't charge them to put it out.•'he said- or id- : . .^ -, for `ne:rage0us.' "It is immoral to charge peoo,e such bills from other municipalities in the advise a client, but said he would be "more valley,he said.The bills from San Jose were than willing to take a test case. t ----r. . ..''` •.. mailed last week. Attorneys whose practices concentrate ir. Of South Bay cities.Palo Alto,Santa Clara, drunken driving cases also said the laws <_� a ,LS... ..{.: .. .y�. • :�:;�:� ;-.t•� Morgan Hill and Gilroy have similar poli- have become stiffer because legislators look F�, �';•, ;; . •.�; 1 cies, police said. But San Jose is apparently at stricter drunken driving laws as an easy the lar;est city to have enacted the program. way to please tickle constituents. : •�f-:�" "In the past, my clients just haven't paid Moore said the move is an example of a ®J John McInerney the bills, and have met with no cone- "real hysteria" sweeping the county. quences. Nobody has had to pay it," Moore such hearty, unanimous support. said. Constitution Taking 'Back Seat" Superior Court Judge William Lanam re- � "I can understand wanting to make a Ed Kuwatch, an Oakland attorney consid- members when not everyone thought the pro- I drunk driver pay, to deter drunk driving, to ered to be an expert in defending r am would t1 � ��'e-• ! y• fund the investigation of drunk driving driving cases,said legislators just want the_ In 1963,a loose system where judges appoint- crimes. But people are entitled not to be names on a bill that says they are agairst ed private attorneys to represent indigent cli- deprived of their proper'y. Who is going to drunken driving, and sometimes the corsti eats was becoming an unbearable act as judge and jury in these proceedings? tutionality of an issue takes a back seat. administrative burden on the judges.'`It really "The presumption should be a person is Kuwatch said he hasn't had any clientswasn't working that well." Larram said. I innocent until convicted or upon the entery of who have received a bill yet, but agreed it McIneey said the judges disliked the pa- , a plea of guilty. The mere fact of arrest was foolish to rneven consider paying *se bill perwork, and would sometLmes approve quer- ' should not be used against them w take mon- until the case was settled. tionable billings from attorneys. "It wasn't aey or property from them," Moore said. That may not be easy for those billed 'ov very good system.There was no one in charge, I `If this becomes a general practice. I will San Jose authorities. Blackmore said that the county was losing money.It never reached i do my best to stop the procedure," Moore offenders have 30 days to pay before the:* the scandal stage, but there just wasn't any said, although he acknowledged he has not case is turned over to a collection agency. control," he said. researched the issue in detail. "I don't see why they are billing just pe^s After a series of hearings, it appeared the , Moore said he won't drop his practice to ple arrested for drunken driving. Wh not board of supervisors was leaning toward creat take on the case solo."It won't be 2 cause—I bill bank robbers"' Kuwatch asked. ing a public defender's office. It wasn't just a can't take on the state Legislature.But I can Blackmore said the police department has question of money. It was a question of how to call it to the attention or the court and the sent letters to judges, telling them of the r,e';: best serve the county's indigent. police agencies, and sav that my interpreta- - program. Moore has also promised a letter tion is that what thev are doing is something writing campaign of sorts. . Decision Clinched they can't do," he said. Once county judges have sorted thsouEt A speech by a public defender from San Moore said he would not balk at taking any the correspondence, it seems likely one of Francisco clinched it for the county,according ; Municipal Court cases on the issue to the them will deal with Moore's challenge of Le to William Schumacher,an attorney and coup- I Superior Court on appeal. program. "There will be a battle,"the atter- ty supervisor. Moore said he was disappointed that many ney promised. Most of the county's bar leaders were at the hearing when the oublic defender began extol- �, g the virtues of his department,Schumacher id. ._. r 'He said they had all but eliminated jury Lawyers-Mot Repaying .Loans-t,7". ials and was bragging how much money they F -� ' saved the county.He was the deciding fact Schumacher said. The county was not oL"- Target -o lc(:I pressed with just a potential financial savings, V y s. 0f.. 6_ ,,__,, and decided on what it thought was the best program available, he added. By JIM LEWIS his office haslaced a lien on the fedex-1 Jim Dennis, an attorney who spearheaded McClatchy News Service court's payment one-"defiant attorney'.'.'-_ the private program, convinced the board todbwas appointed to defend an indigent persaa✓. give the bar a six-month trial, Lanam said. SACRAIMENTO —Attention, deaeat law- If all other collection efforts .fail, Lev - "There was some strong opposition. The yens who haven't paid your federal student warned keep an eye on your house_== loans: If you see a guy wearing a badge driving P y court didn't think it would work, but they were away with your car,don't get your nose out of "No one should feel comfortable:;.,tbat¢� willing to give it a try, Lanam said. ` The �; ,.:: won't go after real property,'-,leve board, and a lot of lawyers, had doubts." joint. "We're down to the real deadbeats hes^ .3332, It will just be a deputy U.S..marshal collect- The board put Lanam in charge. He couldn't in the overnments debt collateral. 601 we want to punish them. What we offer the staff much job security,but he hired a Lawyers are not the only ones who are en- may, is get their attention and w#' secretary and set up shop in an unused confer- ' y : couraged to pay up. _ s- pay up. ' 3 ence room in the Hall of Justice. John Gisla, who heads the collects U.S.Attorney David Levi said Thursday that.- Lanam scrounged up some borrowed furni- Levi'se has ordered his office's debt�ollectioaunit 's office, said that-during,-;. ture and other cast-offs to-outfit the office. He months $375,000 in cash has:been .._.: used his salary to buy an adding machine for in Sacramento to review all defaulted student from student:loan reci ients-whai the program so he could stn within his 5500 000 loan cases and seize the car of any debtor who default. P'- P Y is "able but unwilling" to make regular budget. The program soon moved across the g _ "•`We also expect to collect-M street to some equally marginal offices, he Payrn - - :� delinquent-student loans through` said. ^=.-5 ;= fundoffset tro• ..,;.�.._ p gram that was:instrtu�e!� "There were. tremendous administrative Special Attention year,"Levi said.."A number of'dea . problems," Lanam said. "There was no real But Levi said attorneys should pay particu- dent_Ioan defaulters will be':., lar attention to his offices new Inc , which _ plan we could use. Other counties had made po y when they learn that the IRS has sem. attempts at it,but one was doing it the way we does not apply to state-administered student income tax refund to theDepartm . wanted to do it. We were taking on the whole loan' '' ` to:PaY their defaulted student- "In how," In this community there are four attorneys- Student loan repayments..-gol who refuse to honor their commitment to pay,. -- s loan The judges were very understanding, and pool,Levi explaiaed;� - °erect their help as the program struggled to on their loans, Levi said. "One of these attar­ ys no repaid is not available net's drives a Cadillac in defiance of his duty to a feet. Lanam was putting in 12 to 14 hour dent Ioans. days seven days a week, he said, working on repay the society for the benefit he haProtesamoals Turned 'Dea cases himself when conflicts or a shortage of reserved' - .JIICis'unfair to the young volunteers presented problems. All four of these lawyers will be taking the have an education because nation But within six months,Lanam had convinced bus o court as a result of our renewed determi- �ot on to make them pay up." � •student refuses to repay his oarhef See Back Page—PRIVATE Levi would not name the lawyers;but he said: . _TMl Monday, December 7, 1987 � Private Defense in . San Mateo � Continued from Page 1 McInerney said that because the countv is • . ..• county officials it would work. He has a some not dealing with a harried, overworked public ssioner Says what dusty file of supportive letters from defender program, it is probably easier to a judges to proveit. defendant to get a free attorney. "That's what careful to indicate in a tentative ruling it is "They were ail just really impressed with the county complains about,"McInerney said. sed on "no opposition papers having been the program and the operation. They were Art Bernstein,management services coordi- _ed o an o opposition will knows having l n really sold by that stage," Lanam said. nator,said county officials"continue to be sat- td" y Lanam was the program's administrator un- isfied with the program. That's why we Ders filed did not reach the court. til he was appointed to the municipal bench in continue to renew our contract with the bar. Harrington is a graduate of the University ofSeptember 1970. We think it's cost-effective." ,lifornia and Hastings College of the Law who He continues to contend the private program "I don't know of anyone who is against the rved as deputy county counsel for 17 years gives a high degree of service, and speaks program," he said. fore becoming a probate commissioner.in critically of public programs, which are often However, the county is concerned with the 36• forced to hire inexperienced recent graduates ever-increasing cost of provide good defense because of the relatively low pay, he said. . attorneys to the indigent, Bernstein said. "We Alameda County Events "All youget is a bunch of incompentent law- don't see a problem with the (private defend- yens serving the indigent. The private bar er) program, but the rising costs of defense, would have a much higher quality of defense. which is a nationwide problem," he said. Tuesday, December 8 The program has only faced two malpractice suits, McInerney said. Both were dismissed. Budget 85 Percent Fees--- The Livermore-Amador'Valley Bar As- I "We tend to think highly of it,"said Superior McInerney said overhead consumes about 10 sociation holds its 198, Board of Directors Court Judge V. Gene McDonald, who partici- to 15 percent of the annual budget. The rest Meeting.Begins at 5:15 at the law office of pated in the private defender program before goes toward attorney fees. John W.Noonan, 1171 Murrieta Blvd.,Liv I ng named to.the bench. The pay scales vary depending on actions ermore. Information: 829-0693. There are several advantages possible with required for indivival cases, but according to the private defender program that just aren't estimates, attorneys get about 5100 for a mu Wednesday, December 9 practical in public defender offices, he said. nicipal court case, 5150 for a superior court One lawver can handle a defendant's at .. case,with other hearings,motions and disposi- The Alameda County Democratic Law- raignment in municipal court, the preliminary tions paid at a per diem rate. ye- "lub holds a noon luncheon meeting hearing and all superior court matters. Ina When McDonald participated in the pro- w, Hon.Bill Lockyer speaking on the public defender's office, a client might inti- gram, though, "you couldn't make a living at for acramento Update"at Gallagher's mately have four or five lawyers, McDonald it," he said. R .rant, 86 Jack London Square, Oak- said. land. Information: 839-5708. "It is not easy to convince a client they are Now things are different. McInerney said The Inter-City Express holds its Annual getting super service when it is fragmented there are probably some attorneys who do Christmas Partv.Be&,ins at 5:30 at 12512th like that," he said. nothing but private defender work. St., (12th & Oak Building). Information: "It puts the lawyer in the position of knowing McInerney has run the program since Octo- Lenny Becker, Esq. 782-7450. . the case from the outset.He or she doesn't have bete 1980. He said he'll continue as long as the The Lawyers Club of Alameda County to rely on somebody's notes. And it gives a county and bar will have him. "It (-the pro- holds its Annual Christmas Dinner.Begins feeling of continuity.The client feels he is rep- gram)-really does run 'incredibly smoothly. at 8 p.m. at the El Caballo Restaurant in resented by an attorney, not just a system, Since I run it, I'd be apt to say that," he said. Jack London Square, Oakland. Informa- I McDonald said. But McInerney said it could run this well tion: Lenny Becker, Esq. 782-7450. anvwhere. People from around the country 'Super-Qualified' Lawyers come to find out about the program,which was Monday, December 14 McDonald said he has found all the lawyers recognized by the American Bar Association in participating in the program"super-qualified. 1971 for its innovation. The Berkeley-Albany Bar Association 'These are the same attorneys who represent. holds a noon luncheon meeting with Mad- people who can afford a private attorney." But so far,no one else has a program like San eline Kronenberg speaking on the topic Because a pool of 135 attorneys is handling Mateo's, he said. "Law Office Automation and Staff Train- the cases instead of a smaller staff common at "It seems to run well in this county. I don't ing" at the Mandarin Garden Restaurant, public defenders'offices,the program can eas- know why it wouldn't work in a larger county. 2025 Shattuck Ave., Berkeley. Informa- ily handle a sudden increase in cases,McIver- You need a strong bar,supportive judges who tion: 548-8469. ney and McDonald said.A huge increase could agree with the program and an enlightened cripple a public defender's office. Board of Supervisors," he said. . Want to pass the February far Exams- ? Enrollment is limited to 35 students San CanosZeanor's Enaxw Suiimn.weaneWay.ADN It. 19W.8 Public Defender Program cuts out bureaucracy By Mark K.Caaseil ser Mcltiern g 35 lawyers assigned to more complicated. says ey,"is the big difference between Carlos. If you wce crested and'couldn't afford us and a public defender's office.You just. Pomeroy enjoys going to trial and sins his high•profile taus. an attaracy,who would you want—an over. don': have the ability to just say 'no'in a other cases(civil and probate) rarely go to Attorney's with less experience are assign- worked, government-employed, public public defenders office." trial,he's grateful that 80 percent of his trial ed less complex cases,said McInerney. defender or a private attorney who controls Mcinerney's commitment to reducing u- time comes from the Private Defender A final beneficiary of the program,ironical- his or her own rase load?"asked Belmont at- cess bureacracy for the client further Program. ly,is the county itself. torney Parker Kelly. distinguishes the public from the private He also said clients often believe an attorney The answer is what makes San Mateo defenders officer. is more committed to a case if the lawyer is "We've lived up to our commitment of County's Bar Assocation Private Defender "McInerney has done an excellent job compensated. cos ng IU percent less then a public defenders Program unique:San Mateo County criminal eliminating an ineffecient bureaucracy,"said "You take a company like Morrison 8 office every year since we started in 1969," defendants,judged as indigent or too poor to Kelly. Foaster,with 150-plus attorneys,who pride said McInerney. afford counsel,receive a private practitioner The reason for it,according to McInerney themselves on pro bono work.Well,give me to represent them. is simple:clients already humiliated and scared a break,those guys are pulling in 590,000 and The S6.9 million annual budget,the pro- It is the only program of its kind in the en• by the judicial process,benefit from reduc- can afford to be so generous. gram receives from the county,covers:x,000 tire country. ing the red tape. "If.you've got a guy looking at 10 years, cases and is far less expensive then what a In the highly-publicized Sanchez kidnapp- public defender program would cost,accor- ing cue three weeks ago the two defendants ding to McInerney. indicted by the District Attorney's Office were assigned two private defenders,Garry Mer- t�'Ou Ud[ don't have the ability [O its[ 88 V �O til fl ublie "Since costs such as office space and sup• ritt and Steve Grier. ) y ) P Pon naffs are born by the individual anorney, Kelly also defended Joseph Hunt,the defen-- defenders office.' ---'- -" -- - the Private Defender Program saves the mun- dant in the Billionaire Boys Club murder trial, --. " ty revenue,"said McInerney. a case so publicized it was dramatized for Since clients, lawyers, and the county television.He was assigned to Hunt under The Most of the people we represent are poor, he's going to question the commitmeat of an benefit from the program,one wonders why Private Defender Program. mostly indigent. Most of them have been attorney not being compensated for his it is the only program of its kind in the U.S. Although not typical of private defender handed off throughout their fife," said work,"said Pomeroy. - cases,the two represent an important advan. McInerney. "like any entrenched bureaucratic system. tage of the program. _ --The rogram anal McInerney says,however,he does not want D p assigns one attorney to a client--. le to think first _ Beauties in public defender offices Q are no: ."The Sanchez and Hunt cases would have throughhis entire it ProR Y�actam�car on't- to see the hurwucracy cut out,"ser d gal�cocs;ss-Clienrsare----representing murder•suspees,---- - - a difficult time being handled by a public then counseled in Lhe attorney's private office. After a client isassigned ed ne�y sadly' ___ gn by the judge to the. - _ defender,"said Kelly,"because of the time program,the case is evaluated and assigned Mcinerney gave a similar answer.He said and costs involved." This gives clients a unique sense of resper. to attorneys based on case type and atucrney the counry's experiment 21 years ago paid oil. The biggest advantage of the county's and trust,said Mcinerney."The client doesn't experience._ . Other counties are simply too tangled in private defense program,according to Kelly, feel like they're just being handed off like- Kelly said he was ane of an elite group of bureaucracies,he said. is attorneys decide whether they can handle another piece of meat it. an impersonal, a case or not. liroieum-tloorea government office." said If you're a public defender with a full cue McInerney. load and your supervisor glues you five more . .A client should never•have-to-talk to-more cases,there's nothing you can do. then two people-the receptionist and the at- "But,"says Kelly,"if they ask you at the torney,"he said. Private Defenders,you just say'no."' In addition to serving the client more effec- . � �M Jack McInerney, head of the Private lively,the program also benefu attTorneys. 1 \eed Defender's office,said the 135 attorneys on Although earning slightly less then average MONEY Tr �� • the panel.give the program a tremendous pool attorney fees,lawyers benefit from valuabie for f�f.�-`. •,� of resources to tail on. trial ezperence. �• - 8 Ci s "'I want an attorney to cell me he can't "This isn't pro bono work.We are paid _- • CARS RVs (�'J� Take (represent the client)because,if he can't han- alright." says Fd Pomeroy, a participating --- ( . Take a dle the ase,the client loses out_And that," panel attorney since 1985,who lives in San TAXES MOMS IMPROVEMENT OTHER ATLASook at Bay View. Heatrng and Veil,,!at:ng Co..Co 'L'Ice �.0 Your warm Friend"since 1908and t�ii` loans AUTO HOME EOUrrY 25 West 25th Ave., San Mateo are our Specialties. SPRING SEASON SALE! 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We haul your old .\S� k branch or 1-800-BAYVIEW furnace awes Does not include eruct work or - gravity replacements. 2121 So.EI Camino Real,San Mateo.574-77Z9- 145.000 74-7722145.000 BTU OUTPUT-INSTALLED $1567 370 Grand Avenue,So.San Francisco.583-7151 70,000 BTU OUTPUT-INSTALLED S1600 Please Don't Pay 475 El Camino Real,Millbrae.697-1500 190,000 BTU OUTPUT-INSTALLED 51633i41e Now.r, 1301 Burlingame Avenue,Burlingame.579-1181 910 Ralston Avenue,Belmont.591.5326 Sale runs Feb.T,1990 fora April 27,1990 NO PAYMENTS UNTIL JANUARY 1991 BAY VIEW ,FEDERAL BANK FREE r�//��C ^^ Q ESTIMATE: 345'5-588 ""�"`UvWS&-K Eaux!Houscac LnCe:^_ MemberStPP.` Car, arms Llcensie#2195 eCci S:rA for eocrnrerflow furnaces '` =r -------- 7. Q,yo"M 0YD� is �cj Aiaul3w OJLX—JU vuor :ullv tl,120t.y JfLt Oa gTn Urs I-I YE A0.N o6 (,Ile1-73TIU Inv L NEWSPAPER MONOA),JANUARY It.1988 e �ijIMT +�;:; r KI hopp Files Bill j-, !4 3� I14--r...... To Lift Ceilinq I r On Fee Awards RA.IIEN rA a- A v SACRs\ii-NTn A hill it- -"Cie.,, . -t - .11-neya fee' Ill Thal ca:, hr r1111CCICII uo Case, relulling -d Caj,;Ici, d-r- ac", h, pub I, .-C- It,, W- U.-h 50! i 1. me-re,SO 173 .-, "-I-_d To Zt 7 11h,hill--le,'a-Hit:ct- '- 511),(VAI. .......tj,or C,,I,Src!--i Flit) it-,011 ar, ,A!- h) 1-,; and w., -TI,c Carrell,hor,I 1­til 51,51y, ha" h,,,to in 1,1:rcc It,, I vc... and I-I!r.a ieuinnr r.P-. K"Pp p,cr-d --c "Th,, -41 in ci,cd,nplc Ih- I-.f1eq­r,I,,,,an,Ilial pa- Art h.,beith'_ ,� Ct ,af in pmv Inc caprictritq action by a public entity m- officcr cannot recover the 3cival costs of his n'her legal rep,estew'..."- JOHN K.McINERNEY:-Nn prep-exactly like this,"he says or the San Mahn Couniv rriv.ke Defender Protimim. D-ei F,,cdI,.dtc.An aid,In K.P1'in Sacramento. said the measure-.aid.1 feet uses brought ap3insi Public agencies S that .Jm ittinninimm-cly plain. Pie-Private P-D ill(%and ate,c later found To have 3.cd,- -arbiiraril, or capriciously" in denving San Mateo's 1969 Experiment Survives as Unique Urban Program the action. .He said the existing code section cites handles.case load that has uri-an I" Group a r"W"Ch firm cases Such Its an ind,ViduaJ's u-croplo.- VCHARD P.HINE 'By average or 10 perccrit annual))' for the SaDZendf in We 'roja n SI Newlon.Mass.that spe merit insurance richtt or a teachers r1 hl a I,-11-411FIt Past 6v,'W's- cial'Fes in swdying Indigent defense in t-,pay on the basis of a-cnmu,.c- `,1 h.11 heron r-1k 10 �- ago 1-u .vasa. a pan,, of 135 Pat. pmc-s. .At-iocencru." an unit,at e'r-rhe" h, Ih, San at I ne P"I... -Irc.111h. -There .1,0" isms I ...thing like The prop-.sed Chance would -PrI.1- In sla¢e Cantil, 8.1 p- ro ed -C than 2,1 MI cases, said John It.' he said.adding that c1cCpI for$a. All-c and local drniriur-c agencies 'id:-m-il d,fch,,in, hd.rt-ha, K hiciecmc% executive direr-of ehe Xia,-c-.m count, in C.lito,. that In,civil actions Filed after the apcn- ac,cif,-d h,chl, encruvc p,h- enunt III......"I"n and .ri d .- ;I I- n, h­,public dcfc,,f,,!ofrCt c, manes. - uic,on he Fdiand, aid ,-0o,),.I,'l-to"'d It,,nerd fh,A I-If the P,opr- L-C,, in :he S- Kim- program }:ort „'as un-ail.hIc to, comment cr-, 0,Nit: tcfcnder 1%it, an acct,---- t.rr of 13. Ft! Synan no., neer! for capital Fri..,, And F-di-de,-as unaware of , A. a time when enunt, p-crom-ts includ,tic three attrii-ne,-and an annual caro,which Is...ic S&O an, cry smcirc ca,cs that Prompicil the bill. !, I. A 1F:creducing their erg a, ,vice, htnfrt! of Sh A -11- raid by the In Inc other large-ro:Cs"ou,said. -ihc m-lti�u Came us one day and :.! ,c.u,, of dZ-0-p r,,,. .......tt-, bovil of if i, p6- lawyer'-Ic�,arc contracted handle said let's Per an amendment lin the Crlcl San Nlaicn't Pr-it, 0cferocr hi-cd In he the t3qq would� program of case, :hal r"c -'ell . conflict of be �usc this Is P,iCdi,no,l I"he r,in no, ell, p-iott, all he In- 115 type in the .i,l R.hcr. I— inicres;for the pithierelctcrticr.such as said "I'm not sure hcthcr it came out if,rc" fi,ric-......h in the crime, if Sp,,oFcrbc,g.exetuact d,c-c-of The SEE PRIVATE PO,PACE 6 or his nun"mm"ct,as,trial attorney SEE KOPP.PAGE 7 Transferred Defendants Inside CALIFORNIA DAILY OPINION Suffering, Counsel Claim Supreme Court Preview SERVICE begin ,Co.,with Mail of J-ice,11-m- aid. -c,rtingtrq, I-m a challenge In a CA'"'0 KFA t AY PETER ARVIS 7h, chta-A tack on ctcrcmIum rights In 4 COURTS OF APPEAL at--c, and he cher, who cn dc"t.o.or the 1-in regard •It-- F-- 1'a, . Ar,ir- hI at,� -ver in emotional I1,111- In 1-111-1 Crnrn in it- -.1, "J, in rie t him !-ra 1,-......... _V h, Lite Po.�C'nrncrl I I,�"m A Commentary Cht-ung dct-h.,be ome mart in San Frar-- c- All'. dc.cnw In,, Firlhictu. Phnm:., f,",a--Arden<xuI nn h-0, nmricx an, .,C- 1"",a wide ranee If=.... of .;.,I a, dIt M chcri,he cla-cd-rc hvist;domed of i-C Coop-,has ci- 0'.4-1 1 1., -'e Hall of J--on 11-.ni NI-i.the U-S, �-Ii Amcndmcri right to effcci-r d Inc aillimev"Crnpitor,in the KIN'.i;i,,"I' Nfa-hak sc,-t h;.. .......C-d fcdval of -h,,l ,,,I he,, Filth Pat,Del. Collcc,mn 11-.kc, Act. U.S :.1 ,, I., A,,cI,dmcni ri I..ifut" COURT 01 APPEALS ri-r-ncr, :,i �cntcrc- me,,n Ij- a--k,,hert J. M,,hh,dcp,,t,d,rcc- 7 IIIIII-c in, I. stir of he N......;d 0-the, L- I n, -p he p,;,nncr, :,,r. I S Dwrict 1-F, Center in 11-ion, 11" .rpt I _11, San i"' �\dhat, H, F...ci, clu-1 ,, giant a 'j hl Sit P,Z'C'. 1,.R,J 01'INIONIS Itf)OK IN�Illr,. LI ami 51 n1t:h-C 4r, I-r-w� 'c", agiti- Ilx� Brown to Head Club tic,I"'I't, ,,I a,I C, nal Idws,l v- I,r IhC Ii:0cr:d g-crnivicri, That •III h.-III........I it,"art.1 ic,1- San Cm' S It I I h, 1- c; cd linipt. 11-4 H-hm Irkc, "'c' or, ,rat ,,,.,n,,, -4 111, San Us, C;,Iil,, C Gorrectirtfit sad chem. arra.I"'Miru'l-,,I the Ca"batt been"'It. rrsi,., in, s a-ce.1-o Pic Iran,. "Th, fine Fch,aarv. -ninth Club, 11.)rt 7 lir of Ca- Iran! he "a" S'.,th -c of'o-0 if Ith:client can't ull,Fit San Frarc,se,�detc-C C 11-Irt I-( AI'Mal 1-1 ether On"I"Cl., 'a"I Ac:,nV F,dc,;.l 110he Dc N' Lada, chairmannf the ! .cdcrUl ArTORNEY SCRVI CPS.............23 app+If,, 1h.covit, IR""'tic, Ic ,,If;-,J.Fitton,; P-m LicI rdcr P,nPanel, art. I III CLASSiFiCn: 11.................23 ,we'll, tocnnfiM III,(e,j III Ihc Mon,, tjcl-&- m Ir-hai W"ral 1,-om- In., (tic dear, )-.•e" ;K- Cr.)AINIFNTARI..................... y 9 .....a D, i"a,tith.til ,,mice I-- cr-h,cd rt,avP,-I,d Cm. I-, anti r�:,n.ail is 01. T h, !,.,c, A,, Nat A, ge, 5rU,a'la, Fit- 11;,.(I'll. "I, "" , If,` ,r,cscltiil I-- of MECTI-Ir".NOTICES .......---2 Art,..,, If-, 1 ­0 da, trip h-1 al"I 11-1, anti h 11 A. I ient - h, 'ai". --y-, iiholi.y In Five NIILT VOLICZER........................2 10-1- ki,c-&, wr"Y'doni h:-thr I tc-mc, mca-PI'll"i-rc h, ,he!Jur,to g"in F`UItLIC NOTICES... I trial I r, mak, 0, erupt.. .......... ri-flt a, pic"I ruil, I,r-Icd The Pit- S.F.DISMISSAL NOTICES nr it. s.1 r OrIc.1)(Afs,PAGE . 1' '` 'Iw kr covury•Mn„u,,.1,+u,a,! .ua s Private PD Program Is Working Well CON TINVCD l4O+a ra�(4 rervrr,enl,nr c+•-.rlcndan uhn n,a, Criminal defenac solo p C1I(.n.C1 <s.t, aje,r. ome, Artrnda»l,. Such David hl. Gtsldstctn, who ha. par• _ mf,ct .,.k Iv ennlrarrcn u; m Aar ucmave4 ,n the prngnm since f9T 1, .+, pr...1 lawvrr g.rup, San Diego: Example of How nieces."It works—11 because it ha,the a,enr'a'nna coon,+n r.... unh hal Support nt Sit eftmema Of the Count n hantttr at InJlgrnt Some Programs Can Go Awry be 19ige,.Aar a,aucutign. <r,9nr i deieh.:!hat ihr,r arr armi, p„pu!a,eJ vnlvad.'he,aid rural rnunue, won a anal Burro, Ito While man,Iawvers praise San i.fl enorneys in bur offices work• • (hh"Ptyarr program,have not unit. Ilii,_-t n 0- 5511 i.xl Io S70,110(1, lsia,en's unvaie defender program, ing raeiu.<ively no these u<n. ed"...sc of 1.1,admmnlrapnn,super- ' saki Spangcnl e,c. coma point In a similar effnn in San . The eounrv's milia"compcd,iv< vrv..and training,ifaid WOW.. Uesrnr v and b Cast Diegn as an eaample of lin+tot to bidding policy wu the problem, "h could .,;,kin San Francisco. but L,ud ihr San hi:un•p-,,r ha, work. prnridc mdleew legal cervices. Landis.Said. its . hard rn,gram toadm.nmcr.'- he ed.nh,r•„tt sa).hcan,r of an Unusual "It ons n fuyeu Juwn(here.” "if you don't he,,a flour,people said."You have one of the bestadmim.- r»mmnagon.f F­1adnnmvrauon and said Sun Frandsen pulite Detehder, who don't understand what they are visors IMcinerneyl in ins Is. business a,,per,'tsmn, and supi-ot Irnm the bar, Jefr Brown, getting in,.will not allocate enough running that rrnpram. It would M hard d+' mons, he churn, Imaid .1 Super- 1.1993.Community Defenders mn oey.•'he Said."We have proof Io dup{,catr him." 'tean um ct ioi n ..1rr ",,CC. Inc.,a nnnprof t pinup in San Diego Irhat during that period)no InvCSliga•' Tne San Mateo pingo was a useful ids pc'I g aR�a.hr star, 1.Co., that handics a large number of in. two or hardly an,invttjjlmh n was mtdcl in setting up San Francisco's con- "I cu,• ❑orrice. I roe%, a d+e<nl barren that digent delense aces,sued the coun• being done,and hardly am'canes nicb panel — a group of private at- nnto,"Wine,Or•,•card n over a program in which blocks '+'Cir going in trial." _ mmeps u'hn accept Indigent delensc ca,es The prnpram aanrd In tuqu atter the of CA—wee awarded nn the basis Heavy turnover was another, inn P'.Co.s conflict of interest for the suprr,nhrs de:id,d n , p.n,ng Inn of COmPetiti,e Fids to frrtes and result of competitive bidding.said puhhC defender. nisch Iter.Pon", manapCd n i h"r, other grnup,.1 attorneys, criminal justier cis%uftant Robert L. But public systems have a big advan• tern I which tach cove, udre, In cf. Cnm,noom'Defender,Was in- Spansenherg,who evaluated the San fare.said tlihwn,in providing a Cnre of ICI. wnu!d admmrte, lin or her own cep etd h,the svVion.alleging that 11 Diego Comrae prhgram. Career people-including spcc,.hms in an prnpram created a C,"nic,Of interest h-,. "When we looked at it in 19X4- mcrra,inpl' c vmpicc field of lata who Mmrnr,<in .cttcd in rndptnl dc(cnt 'be L_ "inv r,,in making 9s.ba,icall,,.'list had happened havr con,a9ent a%Ignmcnis and are,uh. ..", w odd ha%'c In alp. up with each tonne,and it,,client's ability to pet Was that vinuaih no contractors icer to close supervision and aeenumahili. cuI ed,cIcrk The lad Cr uhuhl assign the ad,ouarr I-resentatinn. Were still around Who had stoned I).I)m.'»said. C.% and Into r,Icy and approve t," Bruit"mrt ssipa,inn,counseling the r-r<ar,"he said."The, '•Fl, taampit, it a client complains pen%c voucher, ,uhmmCd M the aI and namr lee,were deducted from would nm rebid on the basis Itul' show a lawyer,that Inwver n in my Or- mmr,,. the Iawa.ers's'nmmcriwio..fire thee Could nn make a living no it." Free and he's talking to his surervi,ur." "The enume felt no nor had a handle cuuni%u'as prmidinp an incentive Also.the count found that Corm-. sa,d Bmum "lMernernic l vies to do nn lr" hicinerne,sans "fn rhe emir,, for tire la„Pers to reduce the pctitl.c bidding did not work that as much n hr can” Of Inc heaving,,the lb,ad hf Nimc,vtnr, amnuee nt of time and mnne,'spent on hause•*lauve"Wert getting "I suspeor surervfvan i, hover in a received a pis:pnvl I,—the I—asocthese•cn'ltes.said AIC.Lnndnmg n, cther and talking atu it their Public defender s office" ackn.Wledred '.no Thep dR,ded In p,vr II a vs ececui,,direcior at Community bids,"Spanpentlerg said. Mciutrocv, '-Howe,e,, one adv...gc 1h, etncroncnl he, hccome a f iurc Ddcndrrs. "All of o sudden,bids"me in we have here.if a NAv is n<,I doing a mat rCCt,, high marks. even from In a 1986 settlement Of file slot, withm a few dollars of each other," gond Job.1 hnr Shout it.I hwr about it puhl•r dile.Jen. the count'agreed to pav for theu he said. • '. hum the judge, the DA's off". the "I thin"mc) have S slrnop program." urvices upara'el-,he Said. , . "The main lessors the court,.'has client, other panel members. or all said San Frone ch Puhl¢ Defender Jeff "For the time bring,serious learned is[hat unless the office is..7 four.•' B,nn "if rom &f nor of till few pgra , orty Coors are paid on an hourly properly funded and tufted,You=- In additinn, Staff attorneys Barbara J. like Lha IML has mam,ained a tradition or hasis.nor,-serious ecus ore paid a--' are going to have problems,"Lan-- '-- Maifaeh and Gcrard F, Hilliard are fre- h,ph rennin:p..tnrrnancc'" tat rate per case-and out-af-porJeet„ don said."In the loo rum,you end queni0y In court. keeping an eye on the of rrrre<enrafmn g ie e<. costa are paid separattl+,"said " - up paving for it.- - --' assnmtrs, Ile incl,' hlrh. and in,. ua% true When i Landon.whose nrltamuGon los 79 R/CIi.1R0 P.1{hYL' "Ova the Sart. we have removed waa.a pmaru.m.­sa+d Paula!Sent chi •• - - ---- -- _ - '•: o.- - .. some attorneys from the panel, but it's a coin Praarunner In Rcdwmd Ciry and a done politely and quialy," Mefner„cy rnr.,er San Match County deputy disrs+c, gm a.—, et percent of he ca<es.•• We ve got 2a,(f11J eases. !35 law- said al'nrnc) McI n,m,y said.'"hthre retemly its been vers,and a mhnrhi) payroll nt Show half The San Mateo protect conducts about %Sac hel+Cvc we Savc tam.vu<money sltghp,over 60 pr,ctnt. a million dhilars.And we do it all man- half a dotert mandatory evening training kc.,,c ve're not anon. a municipal Each n.dpc has the d,<crcuhn to decide uav,." hicineme, said, -'Auinmatihn sesslom of ah.., three hours "ch. If burcaucru, w.d' crt+ena tyr fringe wh,ch dcicndants arc cliphlc for asci%- -ill kern espen<es down Ito the Wert we lawyers cannot attend, the) must see a h-Crus. tach a,pin„oa,aOd paid holt- uncC based upon financial inforshoion won"r have to hire additional clerical videotape of il. efays. >aui San hla!eh Churn bar pini. prnJiJed u,Inc c.un s-air. Aho.each panieipam is given a SIM dear Gordon P Ba.dct. **There is no rosCie formula.'*he said. •'There is no program esutl, like annual account scamsi which he or she Cnunr, official, e:vmatc the program Ahllnugh defendant pav no fee in the [lin," he continued, noting that In San can draw' In cover costs of educational ens,,anon Rt peceem it,oft pere[n of bar.the,can he rttdcfcd to Contribute a I)iegp Count,' a nonprofit CmrpmnttmO enures conducted by miher bar groups. what a ruhhr ortendcr's department share of the costs of reprc,emafino if the handlet a laree numn[r of I4C mdi;cm -Training is not a ma+nr prOF.i[m v,tdd rt said Outage Rtleg, director coon determines lhe,have wfndent re- criminal defense cases With Iawvers nn because there j, Ino' turnover on the of the Chun.,, communis%' scmices of- sources.Oni,'about S96.(X)O comes from .gaff.But San Diego,which hit hccn hat. IXwvCr panel, sod even a moderate lice uh'Ch m'Cr%ce,compact Prngra t. thcsc convihuhnns, representing about Cored h,enmrnvert'in rccc.l,cars Over waiting Int.Mclncrnc,said Ant;tire Niva+;DC:C ndrr Program ha% 1,$percent of the ru,cram',huiget. its handling of me%C ca,cs. also has a Many memhcrs of the IX-,Cr, panel Int aih'an arr of cmrcadmC w,e, v,c, a In addnrtm.n Iclph,.and nn,demcanor public defender'%office and Other group, are former proaeeu'o Said Sehiiehmr. fairy nan,bc, of ittoi-nr vs. noted cases, manxlnaunc i.,,rt,handle,other that contract an the churn, Who was a dapun district anomer .m Sao Sch"Cheer.who he J,a bar committee no I atter. u here court. reuutrc 'core- "The holy u ,'in make i .pork is to Mateo Count'Irnm 1915 In 1993, the nr.gra 'emaunn for mdigcnn,including ears in have all the proplr who impact the I— "The, leave the pro,rCUto's nffee "Thr ia•,',rrt Ann.1 ret 1 situaunh Iu,'enrlc. prnharc and fannlr I:,u, and I<m in<nm<eon of ag:ttment or Cnnsen. and work an the panel a n adjunct m of rcmp a Sandaled ht Wnrs: a, I a iv"m mcnt,for menial d,o,dcr, ,. Melocrne,' said. "You need ca,ing into pri,'ate practice•' she sail. fold ton tb,n in rubllt Jc(c-dC,*, oL The wing w%r load ha,put prc,tnre strong liar as<ocmuih.a a;ppgnry rud! "Otherssea%- on the Panel WS.-- tx• fcc, ',.,, d no me dsu ental rf c,an. an enlmhmnW board of surer- cellent Opportunity to unity do vw' trial nrk." fun Inc Pintr—doe,Ines a hca,v and T„Ca,_,Omc of in,,rim,turc. he bar ,tors, an itutiheenl count- manager's A mtiakc some pri,ate defender pro- p+. „cave load.our I,-m"ca Cd ern, nlan v, amnmare the saemncaf nd nffre. which annufli,' rr,aeW% c,hcn. pram, make h to Ceteeortac law,¢,%h, scdn.� and the moist Cnun,a„tgmhehr i dcrende: ca,e, :, torn nr a dnu'es, and a bunch of noun;taw, s, da,<C> and Pav' different fcc, to sash ve u necaps: VtrJelk Kt u+mputet prmcet u,he Installed If, I hail that cnmbmaunn cleu'he,c.I clap%of lawve c,htclnerne,'.said. sign o-mgr,ratan.Ihr prnpram tor„ca, don why it Wuuidn I wort. c had 1.111.felon, cm d la,,Year. in!i9,(vaI m„demcannrs, If I Pa,d t:w- �, - -._Cn.” sass, marc man na„ �.a n G,c+�a o z i m[r. f. n nunh,•:,IrnniCvhginmp a,r I.,Ln caps,. 80 YearS ASO -ti Io- t•ull r! int ca,c It L ( yea 1 4• After a nai'ff r r lin Cnm-idu.,r )n add no I,,th,cr nmrnrvs, wh.,in laamg n•'rr r,in the ,cod,Sur n m ,<tmnvi W nl, the 1 ,grnm Cn in<of San Franc'< s ch-,lit Pr... ',,ah, a.lK I.v[rtiarlC,,a Co.,. .f ,eCnllm,i Ihr Ca,r,til aL'rfl .nlie:.tN anti voice inve"'Co " _ lnrnh Eppined,JI a and "lac Prnv,de mvtthpntnn on n r Cn,t "Nino vear:(: dQ0 irmr Herman EPP,err,and James .,leers the Southey reuucsi, it."° vm1 •:,.�•: Derilu is %,el nlgcd viii nItt,vin. Mcincrnc,. *'t( it an't ht do by : a5S1GnaientS COrflnleted{.< ins mor„•,unJer tnhc rrctemn naff mrea'pans, we ham hall a drive,, I'v[t IrnBlly IpunCl file be':... in amnccit",with .he Sal Ihr cnnvac,in,cstigaq n,-' mcni mit u'bCa,sitar, And none nl five chi,int InvC,ugwu+„ PrOrpnrV. f"m s(teking with F'ga ryrr come,rap of the apnrney,lee,air.",a. perprtuntcJ tar,hc tl to Stott,, Intim'' ,.a+rcarrda%InrcCd In oak Ihr o m:u led w r+I:uvsuu chancnetng me San K,31h)•TarlCly di<mi<ad of the indicfinems Uiecn p-v.I.defender program. ugain%t live lour inch, The San Mateo project alis pnv, Ihr ' This rcgo"t was made I,,Judge tralrr cline insurance for all P.nldpaunp Karn lam Lawlor hr Anisiant Dm,iCi AI• lawyers. Y dY,fu•aVif/o:" 'Otovy O•Gara upon behalf of the •'Because we are members of the Na- The lnfoEssen(tal Serres worltI Lep.1 Aid Def ober Association, proun and was Framed on the Wr pcI reduced rate, on mturance,•• 1�..wQld rn)CP.s;CP.C1sNt1e gncund char all evidence in the Mciocrnc said Thr annual mum i, Ib wrnd nrneesstno" 4 t' ,I n su+!n rxnr (, r IouG.C:Ci v+n,,, Sea bad hcen dcwnrved in the }• 4 5 t' 7 (4 }u r 6 i O prwl fire of April.19tIM1, about W0.IX711 Ihr coverage of SaSU.IXa, .- —lis..tt.19eR Per,nciden'.and 15tXt.{star aggrcgatr per year io g �• 3 2 M O n m D_ r - b fD n n n c c w -• -1 -n 7 v1 -• -, b y -7 a n > to > > > s 7 7 P p > z - a - p o > f7 c N n 2 N n x V1 n x O 7 Q b N n S f7 •+ b �•C � r7 T b O T (1).. b 1 rp �•b m T A J + O N 3 ^ N 3 7 N 3 7 N n n P fn N 3 7 O 7 7 3 t07 �• N r CCC- Tn .� drn O N CCCC^• .0 ^ � �_J 3 y 7 7 O 7 4 7 b d N fD CL < O -+ -� > -• b W^ O r O ^ O P O ^ O O N � J •+ O A ?e A N •+ :A O O •+ N 0•+ .� N N z 0 S O fA •+ �• •+ N ^v T > b N O_ _ b O fD J n O O O_ _ O < r n O + 7 A > N N N H W N N N N fD ••+ O v N v 0 �. � T O N - C > m O n m m A o m A 11 a •O -+ VI VI N N + -+ a C 2 V 0 0 O w w r v N1 N V d V II O O a a d + V V w 1+1 O N W .'�O d A O O r 0 P O V O O - V -+ + d K m A I O O 11 O I N W + + > LA N W _ a C C > VJ 4i a r N N W t N P a V a d O 2 2 II P P 1, t11aP O W + d advPt/1 u.NaP NN AOtnOrPO W000 Co m n n I + N W > O N 11 O a P + P to N N t.1 a fD T II W P N d N W N P P + P G T _ N ii V1 a O P vl �+ P P V P a 0 0 v1 N+ d w W V• O P O Vl V1 + N V O o d a n 1 d O II V _ P -• � O 10 (= II G d V -+ N O - + N P _ a n z' NI V V 1 W V V P G N1 V W t.4 r N tJ1 V Co '+ 11 V N -1 -1 O V - d a N N W A d P V1 N A P W P O 0 0 0 d N II II u a IIII dW a ON I.A vr1i cc r1i + O r,j _� _ _ _Vt N N N d G r G O z d < 11 V O O W t1 C2 atn Ga (D co -- Ca 01 - (21 W Otn NO W ONN + 0 CD d • II 11 + 11 N IIII W O V�I N N N f•D --*d O W .0 a, ON C20 If G a IrON O Vaw+ dPPO + POdaW ONtA00 It II � 0 • 11 a O N + A + 11 W d 2 V r d A N Vf- V1 P V W N N d A -14 d J tl O to OIP W W O P NN W N � V1N +O + N 1.'Ia +tea 00 V10 W cm co a • u II � II d d P N . t O W O u d WN V PN C" Oa tnd r +a a P dQ II N N OOa -+ dd all �1r0dW00ar dW0 + � 0aa + NdNO a • It r + x II d N W -� + _ 11 N a N N kp W N _ V N C. 11 O d 1-n 'jii wVa OP O CD -4 d0 WOd0 VwwwbON ? If II > II a - N to -+ _+ r 11 a d N N N P O W O N a N a 11 a d r W W 0 N CD 'A PN P dN V r` V + CO 11 W W O V+ A + V r A A V 1 %.n W+ -.w V l+ N a ^. 11 _ I N II N N N cm N x II t t A W N N P d ^I W N N a 11 N V W r d r W V1 t N V O O P -� W a W d .O 11 a P + Na ad r V dL` O C3 1_q r00P -40. V OaAPO V1O + 0 II r I II N + L I 1^ G r W W tf1 W %n O P A W V 0 11 O V W V1 N N + W V1 +-+V1 P N ++ O W w V1 N V O A a (D I I f 1 I I N O O II a, N N d A W N + n 1 II VI f N N C) P N V1 t O W a _ b b It P tfi O 'c d O P N N W +V1 V1 N A O V1 N N W W If o W d P o a o + t V+ d a a P a + W V O P W P + N . Ii + (O P PRIVATE DEFENDER PROGRAM CASES COUNTS I, • FOR THE YEAR ENDED JUNE 30, 1990 July Aug. Sept. Oct. Nov. Dec. Jan. Feb. March April May June Grand 1989 1989 1989 1989 1989 1989 1990 1990 1990 1990 1990 1990 Totals "A" CASES * Adoption 8 0 1 2 3 2 4 3 0 2 2 1 28 Appeals 2 0 1 0 0 1 2 2 3 0 0 0 11 Arraignments 71 78 77 68 61 56 69 85 95 51 104 87 902 * Contemots 4 0 0 0 3 0 0 1 1 0 2 0 11 * Paternity 1 1 1 0 1 1 0 0 0 1 1 0 7 * Probate 4 4 3 5 5 7 11 4 6 8 5 3 65 Returns(9u,PT,RBS) 23 27 35 29 34 29 27 21 22 24 22 30 323 * Military Civil Relief Act 0 0 0 0 0 0 0 0 0 0 0 0 0 859a 99 124 97 102 136 105 124 107 116 105 124 83 1322 writs 0 1 0 2 0 0 0 1 1 0 0 0 5 ' 366.26 WIC 14 14 • Other 8 1 1 3 2 5 0 3 3 1 8 3 38 Monthly Totals 220 236 216 211 245 206 237 227 247 192 268 221 2726 Cumulative Totals 220 456 672 883 1128 1334 1571 1798 2045 2237 2505 2726 2726 "8" CASES Line ups 3 2 3 5 5 1 7 5 4 2 5 3 45 Probation violations(Sup.Ct.) 50 69 49 49 32 50 65 46 63 42 55 61 631 Witness representation 1 0 2 4 1 0 0 0 1 3. 0 0 12 1367-68 P.C.(Sup.Ct.) 1 5 2 1 0 3 0 0 5 1 4 3 25 Muni Ct. felonies 289 307 278 253 241 243 285 244 245 239 209 264 3097 Muni Ct. misdemeanors 1362 1379 1112 1281 1320 1276 1534 1321 1496 1502 1383 1290 16256 Other(See stat sheet) 4 2 1 1 0 8 Monthly Totals 1706 1762 1446 1593 1599 1573 1895 1616 1816 1790 1657 1621 20074 Cumulative Totals 1706 3468 4914 6507 8106 9679 11574 13190 15006 16796 18453 20074 20074 "C" CASES-LPS LPS-REGULAR 46 46 67 53 40 68 51 50 77 63 62 79 702 \, LPS-WRITS 15 18 18 24 20 12 20 21 21 16' 15 18 218 RIESE HEARINGS 0 0 1 7 3 6 8 4 7 3 13 7 59 PETITIONS FOR REHEARING 1 2 3 6 3 3 2 3 1 2 2 3 31 Monthly Totals 62 66 89 90 66 89 81 78 106. 84 92 107 1010 CumuLative Totals 62 128 217 307 373 462 543 621 727 811 903 1010 1010 "D" CASES-Child appt.(300's) Monthly Totals 18 29 53 42 20 23 16 23 33 23 36 39 355 Cumulative Totals 18 47 100 142 162 185 201 224 257 280 316 355 355 "E" CASES Regular appts.(602's) 177 227 205 200 251 175 191 196 196 176 177 179 2350 * Parent appts.(3001s) 47 43 61 52 29 34 26 40 31 27 28 57 475 - Monthly Totats 224 270 266 252 280 209 217 236 227 203 205 236 2825 Cumulative Totals 224 494 760 1012 1292 1501 1718 1954 2181 2384 2589 2825 2825 MONTHLY GRAND TOTALS 2230 2363 2070 2188 2210 2100 2446 2180 2429 . 2292 2258 2224 26990 26990 CUMULATIVE GRAND TOTALS 2230 4593 6663 8851 11061 13161 15607 17787 20216 22508 24766 26990 26990 * _ "A" & "E" Type Civil Cases ALL "C" and "0" Cases are civil cases Revised 8-16-90 • �• PRIVAiE OEFENOER PROGRAM CASES COUNTS .-CR THE YEAR ENOEO .:UNE 30, 1991 July Aug. Sect. Cc,. Nov. Oec. Jan. =eb. Marc, Acr;l may Jure „rarer 1990 1990 i990 1990 1990 1990 ;991 1591 1,991 1S9i 1591 1991 iotaLs "A" CASES ' Adoo.Cicn 0 0 0 1 C 0 0 0 0 Acoeals 0 1 i 1 0 1 3 0 0 1 i 2 Arraic.nen Cs 95 6� 57 82 ;Cu 35 26 60' 65 is 76 82 9=2 Ccntemcs 1 1 1 1 1 0 1 ; 0 3 2 3 i5 ' PacerniCy i 0 0 0 0 0 0 2 1 0 3 4 i1 ' Prccace 3 7 7 3 ; 3 4 7 3 6 0 0 c; ' Military Civil Relief ac; 0 0 0 0 0 0 0 1 0 0 0 0 1 859a 74 100 100 77 1102 5v' 112 71 78 70 1C9 59 1017 Vries 0 0 2 1 0 1 0 0 1 0 0 1 6 Other1,3u,?T,R3S, etc.) 17 21 0 7 ;1 6 9 a 15 14 11 . 10 130 Mon:,Ly Tocais 191 200 163 17-) 215 155 215 159 163 163 203 163 217 Cunulacive iotais 191 391 "59 732 947 102 1317 1475 1635 ;8C7 2010 217; 2173 "3" G:ScS L i r,e ucs 8 3 4 5 9 7 5 2 5 4 7 4 63 rro:a;icn vial_tior.s(Suo.Ct.) 49 53 67 54 56 36 49 56 46 43 43 54 516 1Ji:ress rePresencacion 1 0 1 0 0 0 1 1 1 1 1 7 1367-63 P.0 (Suc.Ct.) 0 1 3 2 1 0 1 1 4 3 4 3 23 Muni Ct. ,_Lcn?es 205 234 215 253 209 211 235 2CC 216 263 223 18.6 2502 Muni C:. misr:emeanors 1331 1475 1187 ;25. 1170 10(;7 1243116-0 1236 1257 117-D 1GS2 ;4731 Cz`er(See S:3_ S'eer) 3 0 0 0 0 0 .3 C 1 0 0 0 Mcr.t,Ly Tocals 1647 17:6 1477 1570 14_5 135' 157-1 1427 153i 1X33 ;453 134' C:zm—,LaCive locals 1647 3413 4390 64.60 7S05 9256 10787 12207 13765 15353 16316 18156 13;56 "C" CASES-L?S • L?S-RE:,JLAR 63 62 45 43 51 4; 45 43 48 55 60 46 609 LPS-WRITS 12 20 20 25 it 14 11 15 16 21 17 19 2:1 RIESE HEARINGS 5 7 6 9 6 8 4 11 3 9 7 7 37 PE-iTICNS FCR R-EHEARING 6 5 5 3 7 4 7 4 7 5 3 3 49 Mcn:hLy locals 36 94 76 32 7C 57 67 73 74 90 87 75 ;/_6 CLmL ative iotais 36 180 256 338 Mpg 475 547_ 6212 6;4 734 871 946 946 "0" CASES-Child a=t.(3001s) Child acct.(3001s) SO ?; 41 5232 25 33 33 35 55 30 23 432 366.25 'a IC 5 1.0 2 2 7 0 7 17 10 17 13 i7 T 0 7 Mont,ly ictals 55 33 43 54 3; 75 40 50 45 72 43 40 339 Cumulative Tccals 5: 38 131 185 724 249 239 339 384 456 499 539 3; "Em CASES . Regular accts.(602's) 269 139 118 Z:8 158 143 193 188 229 236 234 222 2367 * Parent acccs.(3001s) 43 31 44 46 23 33 37 39 39 65 32 34 470 Mcnchly Totals 314 170 162 284 181 173 2300 22- 253 301 266 256 2837 Cumulacive Totals 314 484 646 930 1111 1239 1,519 1746 2014 2315 7531 7337 7'37 MONTHLY GRANO TOTALS 2293 2263 1926 2163 1950 1776 7783 1934 7108 2219 2062 1874 74651 _ _ __ 24651 CUMULATIVE GRANO TOTALS 2293 4556 6432 8645 105;5 12.371 14454 16.3888 18496 20715 22777 24051 24,531 : = "A" „g" 3 "Ell Type Civil Cases All "C" and 110" Cases are civil cases r PRIVATE DEFENDER PROGRAM CASES COUNTS FOR THE YEAR ENDED JUNE 30, 1992 July Aug. Sept. Oct. Nov. Dec. Jan. Feb. March April May June Grand 1991 1991 1991 1991 1991 1991 1992 1992 1992 1992 1992 1992 Totals "A" CASES Appeals 6 3 2 3 1 1 1 2 19 * Contempts 1 4 2 1 3 1 1 2 15 * Adoption 3 3 Arraignments 81 61 85 83 74 99 76 68 113 79 106 83 1008 Other(BW,PT,R&S, etc.) 22 16 13 17 16 6 7 6 17 9 6 8 143 * Paternity 5 3 1 2 5 3 6 4 10 3 42 * Probate 7 5 3 5 2 6 6 2 7 2 45 * Military Civil Relief Act 0 859a 59 93 63 95 67 62 90 72 87 94 80 82 944 Writs 1 1 1 1 4 Monthly Totals 184 182 167 206 161 172 185 153 232 189 210 182 2223 Cumulative Totals 184 366 533 739 900 1072 1257 1410 1642 1831 2041 2223 2223 "B" CASES Line ups 6 2 7 4 1 7 7 11 9 4 7 5 70 Other 1 1 2 Probation violations(Sup.Ct.) 43 46 38 55 44 61 49 54 58 55 38 44 585 Witness representation 2 1 1 1 1 5 11 1367-68 P.C.(Sup.Ct.) 2 4 5 3 2 2 1 19 Muni Ct. misdemeanors 1164 1080 997 1084 1010 1020 1226 955 1185 1124 1070 1070 12985 Muni Ct. felonies 233 229 216 240 248 178 242 192 261 247 209 276 2771 Monthly Totals 1451 1361 1264 1384 1307 1266 1526 1212 1513 1433 1326 1400 16443 Cumulative Totals 1451 2812 4076 5460 6767 8033 9559 10771 12284 13717 15043 16443 16443 "C" CASES-LPS LPS-REGULAR 53 66 43 43 53 40 61 47 35 45 49 41 576 • LPS-WRITS 16 17 23 18 11 23 13 10 11 12 7 19 180 RIESE HEARINGS 7 7 5 10 5 6 15 3 3 4 6 12 83 PETITIONS FOR REHEARING 5 4 5 5 7 9 6 4 3 2 3 6 59 Monthly Totals 81 94 76 76 76 78 95 64 52 63 65 78 898 Cumulative Totals 81 175 251 327 403 481 576 640 692 755 820 898 898 "D" CASES-Child appt.(300's) Child appt.(300's) 36 25 29 60 23 46 49 35 50 17 36 49 455 366.26 WIC 4 3 7 25 22 2 12 10 22 13 10 11 141 Monthly Totals 40 28 36 85 45 48 61 45 72 30 46 60 596 Cumulative Totals 40 68 104 189 234 282 343 388 460 490 536 596 596 "E" CASES Regular appts.(602's) 193 196 139 230 195 229 196 216 286 270 191 281 2622 * Parent appts.(300's) 39 31 28 39 35 39 42 41 45 25 32 38 434 - Monthly Totals 232 227 167 269 230 268 238 257 331 295 223 319 3056 Cumulative Totals 232 459 626 895 1125 1393 1631 1888 2219 2514 2737 3056 3056 MONTHLY GRAND TOTALS 1988 1892 1710 2020 1819 1832 2105 1731 2200 2010 1870 2039 23216 23216 CUMULATIVE GRAND TOTALS 1988 3880 5590 7610 9429 11261 13366 15097 17297 19307 21177 23216 23216 * _ "A", "8", & "E" Type Civil Cases All "C" and "D" Cases are civil cases