HomeMy WebLinkAboutMINUTES - 10051993 - S.4 TO: BOARD OF SUPERVISORS a Contra
•;f.Y `
FROM: Costa
Introduced September 28, 1993
for Board Action on October 5, 19931. County
DATE:
ACKNOWLEDGE RECEIPT OF PROPOSAL FOR THE REPRESENTATION OF
SUBJECT: INDIGENTS IN CRIMINAL AND DEPENDENCY CASES
SPECIFIC REQUEST(S)OR RECOMMENDATIONIS)i 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: 16,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 9 9 APPROVED AS RECOMMENDED . OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(AS6Ej4.j_ ; 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 ('�NT� U, -i- / 7 r'3
PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: County Administrator
Public Defender SUPERVISORS AND COUNTYADWJNISTRATOR
Criminal Justice Agency
BY ,DEPUTY
M302 110/001 •
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PRESENTED TO:
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The Board of Supervisors of
Contra Costa County,California
PROPOSAL FOR, TliEFl NCRIMINAL AND DEPENDENCY CASES•
REPRESENTATION OF INDIGENTS
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• SUBMITTED BY:
Contra Costa County Bar Association
Ad Hoc Committee for
Private Representation of Indigents
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AUGUST 1993
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JULY1993
PROPOSAL FOR THE REPRESENTATION OF INDIGENTS
IN CRIMINALANUDEPENUENCY CASES
PALL ,
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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
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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).
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JULY1993
PROPOSAL FOR THE REPRESENTATION OF INVIGENTS
IN CRIMINAL ANvDEPENVENCY CASES
PAGE 2
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
• bench." (From SF Banner Daily Journal,Dec. 7, 1987-attach.ment 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
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
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).
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JULY1993
PROPOSAL FOR THE REPRESENTATION Of INDIGENTS
IN CRIMINAL AND DEPENDENCY CASES
PACE 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
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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
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performed to analyze the fiscal consequences of this change (Price Waterhouse
footnote, attachment C). More important, there was no effort made to explore other
models of meeting the county's requirement of providing indigent legal services in
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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
0 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
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0 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'
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• JULY1993
PROPOSAL FOR THE REPRESENTATION OF I NDIGENTS
IN CRIMINAL AND DEPENDENCY CASES
• PACE 4
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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
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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
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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
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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
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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
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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.
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2 See Attachment C. This information was provided by the Public Defenders Office per legal mandate
of the Public Records Disclosures Act.
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0 JULY1993
PROPOSAL FOR THE REPRESENTATION OF I NDIGENTS
IN CRIMINAL AND DEPENDENCY CASES
PAGE 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 520-527-1947 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 k&-p
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.
4-
.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.
1390+Market Street, Suite 914
t^
Mateo Private
an :�.
=� Legal Challenges Are Like,
-����}ef ender Program
Under CityDSI BillingL�ni ue Well Used
By SUSAN KOSTAL people will probably end up papuzg tl bi
By SUSAN KOSTAL either because Lhey will not question tt
A prominent drunken driving defense at- city's authority, or don't have the mmey
Mateo County's Private Defender Pro- torney is vowing to fight San Jose's plan totfight ion it principle."A lot of people wM t
is unique in two ways. One, says John bill those arrested for drunken driving an intimidated into
McInerney,its executive director,"It's differ- average of 5155 for the cost of "emergency "Personally, anytime I'��p�te.
_:`; rti eat than anyone does it fn the United States." response" by police and firefighters. deprived of property or liberty wit2�oat d
And two,after talking with judges,attorneys Santa Clara attorney Randy Moore, who process of law, I'm alarmed,- be S.
z and county officials,everyoneseems to like it has as many as 800 drunken driving cases "Those with competent counsel aM 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 t ve retrcacB;a,—c--
is-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 Do- The new program is allowed under a.law may also be billed. -_
-� fender Ptogram, it's with the county. that went into effect in 1996. None of 11loore's c!ieats have received
Fox, who supports and participated in the Under the city's new emergency response bill yet as far as he knows, but when th.
_=program before becoming district attorney, program, authorities may bill any motorist Start pouring in this holiday seasms, h'.o�
admitted he is a bit jealous the private defend- whose intoxication causes them to violate the has promised to"take a real c}oselookat5i-
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 tine r.
-_. while his criminal department only got 55.8 that necessitates an "emergency response" unless I am convinced it's lawhLAndlda
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
1963 by the county bar association.San Mateo response begins they as turn on their emer Moore's promise to fight the .
has never had a public defender program. gency lights or sirens. sure it will be challenged, he slid
Even though this year's budget is 1540,000 "We welcome those chaIlenge:&.-U tin-,
more than last year, Billed at Hourly Rate are unsettled issues, the courts will nett.
McInerney said,"all parties have agreed the Offenders will be billed at an hourly rate of them for us, and then we'll know.
private program is less expensive"than a pub- about$35 to S38 dollars for each law enforce- "This is a new program, and I'm am
lic defender program, and, he would argue, ment or rescue person involved in the there will be policies changed down the
more efficient. incident. We won't know until the courts say-you
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 wr
and public defenders. two paramedics and three police officers to _ .billing those arrested for Yen-driivia.
the scene,each who work on the case for two "This is not a form of pun -mtrw
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$560 and s600,said But you get real bitter towv-d dr=k
each year to process 22.000 cases. San Mateo Sgt.Charles Blackmore,of the police depart- when go to a crash and see a cne�a2ae dam.
County spends $6.4 million to process 711,000 ment's traffic investigations division. bodies. It makes you Bind of get upndwho
cases. The average bill will probably be approxi- you see it. '-
County officials don't argue with figures like mately $155, Blackmore said. Collections "H.this causes somebody to thk'lac
that. But the program has not always enjoyed from the program will go to the city's gener- about it, (driving while intaxicated) =
al fund. saves someone getting kW.-d or arrested,if i
t "°•-'"` '} ; - "� -~a;' = What irks some attorneys is that the �'h
Y works, by gosh, we've done some good,•
charge is for those arrested. The city has
•,..,.�;�.:.,,�a��.��-,.,,-Y~,��"-.; � ;��_,�:..:�.::...'�'a. g tY said. •;.�:�.�-->-:
determined that conviction or acquittal has Blackmore and area attornevs said this z
nothing to do with it, Blackmore said. one more example where aim+cipaw--S a:.•
It is the position of the city attorney's a
- ',- ,; P� tY Y' finding ways of billing chose they azxsc,t
office that a not guilty'does not negate the try to recover.the cost of police and fir:
response by the police department.The city departments.
services personnel still had to respond. ThisDon Postelle,president of the 50-meinbc
is not tied in with the courts at all," Black- Santa Clara County Attorneys for C rimirz
more said. Justice, said it is unfair to single ad oc
Ci Attorney Joan Gallo has defended the
_ �: �•-
City Y group, those arrested for drunken driving
practice on the basis of the state law. She for such treatment. _
,_,..
notes the law allows a municipality to bill "My feeling is those people t Lice olm
•.;.._-;;.�..• '�' '':t�°• •.� drunken drivers,a civil debt the communitycern) get i to do their job,and if do tfxc
can recover without waiting to see i a person job as they are supposed W, they are na
is convicted. entitled to any more than they are paid- Fr
The bill goes to those arrested, not those pay taxes. That's what taxes are far, b
— -�- x- stopped by an officer, Blackmore noted. said.
K_ _."� --• _ Moore said he was aware of the citv's plans "Some fires are caused by nezhgence,b'
— for the program which he called"pretty out- we don't cha ge them to put it out" he laic
such bills from other municipalities in the advise a client. but said he would bey"more
valley,he said.The bills from San Jose were than willing to take a test case." r
mailed last week. Attorneys whose practices conceacraCe is
._a..s" - �•. . .., -� Of South Ba
. `-
4V Of i.."' ±Y-. ay4� y cities,Palo Alto.Santa Clara, drunken driving cases also said the laws
`' •�: --~
..�.-.s i;,1•r" = �. "•�,�,•. Mor an Hill and Gilroy have similar Poll-
have become stiffer because legislators loo;
-�vr:s:Y..:�`'. " �'•..s l cies, police said. But San Jose is apparently at stricter dru ken driving laws as an easy
„ ': ' _ �•;T; the largest city to have enacted the program, way to please fickle constituents.
i "In the past, my clients just haven't paid :Moore said the move is an example of a
John Mcfnerney the bills, and have met with no corse- "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 wand-rig to make a Ed Kuwatch, an Oakland attorney consid-
members when not everyone thought the pro- drunk driver pay, to deter drunk driving, to ered to be an expert in defending drLrilen
gram would fly. fund the investigation of drink driving driving cases,said legislators just want their
In 1963,a loose system where judges appoint- crimes. But people are entitled not to be names on a bill that says they are against
ed private attorneys to represent indigent cll deprived of their property. ',;lho is going to drunken driving, and sometimes the consti-
ents was becoming an unbearable act as judge and jurj 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 bad any c!ienu
wasn't working that well," Lanam said. innocent until convicted or upon.the eatery 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 tie bLl
perwork. and would sometimes approve ques- should not be used against them to take mon- until the case was settled.
tionable billings from actorreys. "It wasn't a ey or property from chem," Moore said. That may not be easy for those billed b%
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�_-
the scandal stage, but there just wasn't any said, although he acknowledged he has not case is turned over to a collection agenc;'.
control," be said. researched the issue in detail. "I don't see why they are billing just p-,
.After a series of hearings, it appeared the Moore said he won't drop his practice to ple arrested for drunken driving. i ny 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 ha_
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 ne..
best serve the county's indigent. police agencies,and say that rite 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 cinched it for the county,according liuriicipa! Court cases on the issue to the there will deal with Moore's challen;e of the
to William Schumacher, an attorney and coun- Superior Court on appeal. program. "There will be a battle," the attor
ty supervisor. Moore said he was tiisaoPointed that many ney promised. _
Most of the county's bar leaden were at the �.
hearing when the oublic defender began extol- -,
ung the virtues of his departrrient,Schumacher
aid. a y -�
r `He said t5ey had all but eliminated jury �..,+�,�,� yens" -Not Repaying Loans
_ials and was bragging how much money they
saved the county.He was the deciding factor," 7
Schumacher said. The courrr was not iin. Tar" e h 0- f U*S i AttorneyS Of is ,
pressed with just a potential flrancial savings, - Jy
and decided on what it thought was the best --
program available, he added. By JIM LEWIS his office has placed a lien on ythe fedi
Jim Dennis, an attornMcClatchy News Service.ey who spearheaded _ court's payment to one"defiant attorney_'.=.�
the private program, convinced the board to - was appointed to defend an indigent P .
SACI:UMENTO — Attention, deadbeat law- _I,�
give the bar a six-month trial Lanam said. If all other collection efforts Earl,
"There was some strong opposition. The yens who haven't paid your federal student warned, keep an eye on our
loans: If you see a guy wearing a badge driving P Y Y
court didn't think it would work,but the were "No one should feel comfortable:;that, -
willing to give it a try," Lanam said. "The awn with our car,don't net our nose out of
Y Y 4 .Y n won't go after renl property,"-trLe id
board, and a lot of lawyers, had doubts." joint. ' "We're down to the real deadbeats here;,?
The board put Lanam in charge.He couldn't It will just be a deputy U.S..marshal collect- we want to punish them.What we 5��
offer the staff much job security,but he hired a ing the government's debt collateral. �y is et their attention and we. .
Lawyers are not the only ones who are en- g
secretary and set up shop in an unused confer- :-s- :,,, : .pay up."
ence room in the Hall of Justice. couraged to pay up. — John Gisla, who heads the collectilc
U.S.Attorney David Levi said Thursday that Levi's office ,,
.. .Lanam scrounged up some borrowed furni- , said that-
he has ordered his offices debt-colleclsomunit months 5;375
tore and other cast-offs to-outfit the office. He ,000 in cash:lias�,be�="
used his salary to buy an adding machine for in Sacramento to review all defaulted student- from student:loan reci ients�wh�i
the program so he could stay within his$500,000 loan cases and seize the car of any debtor w�=" default-
the
-
cip en•
is able but unwilling' to make regular
..`We also expect to collector
budget. The program soon moved across the -_ ,.;�;� � {
street to some equally marginal offices, he payments' ....... : delinquent student loans through••
said. fund'offset program that was:inti "
_.... ...
Special Attention _year," Levi said.."A number.of_des _
"There were. tremendous administrative But Levi said attorneys should pay patcu-. dent loan defaulters will be=:v 1
problems," Lanam said. "There was no real lar attention to his office's new policy, which when
attempts at it,but one was doing it the way we they'earn that the IRS has plan we we could use. other counties had made does not apply to state-administered student iact�aie tax refund to khe??e
wanted to do it. We were taking on the whole loans' "''`''^ tdpay amu'defaulted student.
In this community there are four attorneys• _:-;Student loan repayments.-,
how,"
judges were very understanding, and who refuse to honor their commitment to pay.. - 's loan pool,Levi.espiaiue' -
l gI on their loans,"Levi said."One of these attor�, at isnot repaid is not available
erect[herr help as the program struggled to • "
neys 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 be has - �_
received. -- gTotesaranals Turned `Dent .. _..
cases himself when conflicts or a shortage of r�'It,is unfair to the youzig
"All four of these lawyers will be taking the %- have an education because
volunteers presented problems, conn,`+'
bus to court as a result of our renewed determi- pray his ok hes'
But�rithin six months,Lin orahad convinced = ' student refuses to re
nation to make them pay up." ,.l:r_..... __.a�.,�.,•c�°"
See Back Page—PRIVATE Levi would not name the lawyers,but be said
-Vol
Monday, December 7, 1987
• Private Defense in San Mateo f
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
i s si o n er 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 i
:areful to indicate in a tentative ruling it is "They were all just really impressed with the county complains about,"McInerney said.
ed " n the program and the operation. They were Art Bernstein,management services coordi-
p_eoon a" attorney will know immediately no opposition papers having been really sold by that stage," Lanam said. nator,said county officials"continue to be sat-
d"Ders filed did not reach the court. if
Lanam was the program's administrator un- isfied with the program. That's why we
tiliarrington is a graduate of the University of he was appointed to the municipal bench in continue to renew our contract with the bar.
fa rnia and Hastings College of the Law who September 1970. We think it's cost-effective."
He continues to contend the privateprogram "I don't know of anyone who is against the
-ved as deputy county counsel for 17 years gives a high degree of service, and speaks program," he said.
:ore becoming a probate commissioner in 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) prf-,g-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 -
suits, McInerney said. Both were dismissed. Budget 85 Percent Fees---��— —
The Livermore-Amador Valley Bar As- "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: 89-9-0693. 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-
Wednesday, December 9 practical in public defender offices, he said. aicipal 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
�.vi�Hon. Bill Lock er speaking on the When McDonald participated in the pro-
for iacramento Update"at Gallagher's matelydhavedf ur orff five lawyers, McDonald gram, though, `'you couldn't make a living at
.rant, 86 Jack London Square, Oak- said. ..- it," he said.
land. Information: 834-5708. L "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 12512th like that," he said. nothing but private defender work.
St., (12th & Oak Building). Information: "It puts the lawyer in the position of knowing
LennyBecker, Es 782-7450. Mclnerney.has nun the program since Octo-
q• the case from the outset.He or she doesn't have ber 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-
at 8 p.m. at the El Caballo Restaurant in resented by an attorney, not just a system," Since run it, I' be apt to say incredibly
heosa d.
Jack London Square, Oakland. Informa- McDonald said.
tion: Lenny Becker, Esq. 7a2-74.50. 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.
2025 Shattuck Ave., Berkeley. Informa- ily handle a sudden increase in cases,McIner- You need a strong bar,supportive judges who
tion: 5484469. 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.
: art t® pass the February
Bar Exam___ ?
=- Enrollment is limited to 35 students
•
JULY1993
PROPOSAL FOR THE REPRESENTATION OF INDIGENTS
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 REPRESENMTION OF INDI=7TS
IN CRIMINAL A1V'D 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 Neel Hing. Mr. 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 T3odel) . 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
comparison 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 T n
• 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 canpleted on
August 8, 1988. That study made by the county reconanended against
adding another public defender agency like the current ADO M
There are significant risks and drawbacks to the county'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 tura-tiered
• public 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) .
ibis scenario in fact occurred several years ago; it can happen again when
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 aT-0 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 from taking cases.
Additionally, the California law providing for workload conflicts
applies only to public defender offices---not to programs based on
the San r7ateo Nbdel.
Our proposal is backed by the Contra Costa Bar Association
and a significant majority of the private bar. This is an opr�ortunity
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.
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 HINGIS ANALYSIS
5 . SAN MATEO COUNTY
•
•
1 CHARLES H. JAMES
Public Defender, Contra Costa County
2 By: SUZANNE J: CHAPOT , Deputy Public Defender ...
610 Court St.
3 14art;ne!;,. , California 94 99-
4 Telephone: (510) 646-2481
5
6
7
WHOM 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
❑2940 9 IN AND FOR THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
FEL 10
2940 11 THE PEOPLE OF TSTATE OF CALIFORNIA ) N0 922493-7
HE
ve )
MISD 12 RICKIE WAGNER ) CASE TRANSFER TO ALTERNATE
1:12945 ) DEFENDER OFFICE
13 )
Defendant )
602012947
14 Dfdt ) P.D. File No. D92C-0811
15
300 SUZANNE J. CHAPOT states that:
02947 16
The undersigned is a Deputy Public Defender in the County of Contra Costa, State of California; the
SUP.CT. 17
1:12940 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
1:1
2943
20 to employ counsel. The Public Defender's Office accepts representation of the above-named defendant.
CIVIL
❑ 21 For administrative reasons, this case is being transferred to the Contra Costa County Alternate
,946
22 Defender Office.
.APPEL.
El 2943 23 I declare under penalty of perjury that the forgoing is true and correct.
OTHER 24 Dated: September 28 19 92 at Martinez , California.
112940 25
�01 17
26
Branch S i r (Affiant)
27
.28 White - Court
Green - CAO-CJA
Canary - ADO client file
Pink - PD client file P.D. TRANSFER NO. DA-0012 . bs
Gold - PD conflict file NaN office)
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Grand Jur 1020 Ward Street
y tra Martinez,California 94553
Costa
County
.o
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
i•
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 No. 9307
CONTRA COSTA COUNTY
ALTERNATE DEFENDER OFFICE
Approved by the Grand Jury:
Date: r-M4%-/9.3
AAnnemane Gol in
T:�F?
=:in
Grand Jury an
Accepted for Filing:
Date: 19
Richard S. Flier
Judge of the Superior Court
•
SECTION 933 (c) OF THEE CALIFORNIA PENAL CODE
Sec. 933- Findings and recommendations; com-
ment of governing bodies, elective officers,
or agency heads
(c) No later than 90 days after the Band jury submits
a final report on the operations of any public agency
subject to its reviewing authority, the governing body of
the public aztncy 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 as_ncy head for
which the Band 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 pertaining to matters under the control
of that county officer or agency head and any agency or
• agencies which that officer or agency head supervises or
controls. In any city and county, the mayor shall also
comment on the findings and recommendations. All
such commects and retorts shall forthwith be submitted
to the presiding judge of the superior court who impan-
eled the Band jury. A copy of all responses to grand
jury reports shall be placed on file with the cleric of the
public agency and the office 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 curr dy impaneled grand jury, where it shall be
maintained for minimum of five years. (Added by
Scats 1961, c 1284, § 1. Amended by Stars 1963, c 674,
§ I. Srarc 1974, c 393, § 6,• Stam 1974, c 1396, § 3;
Stars 1977, c 107, § 6,- Stan 1977, c 187, § 1. Stars
1980, c 543, § 1: Stats 1981, c 203, § 1: Stam 1982, c
1408, § S; Stars-1985. c 221, § 1; Stars 1987, c 690,
§ 1; Star-,1988, c 1297, § 5.)
Former § 933. added by Stats.1982, c 1=0Q. § 6, amended by
Stats.1985.e"l.§ 2,operative Jan. 1. 1989,was reps-Jed by Stam 1987,
c. 690, §
Formc- § 9:3. added by Stars-1959. c 501. § 2, was repealed by
• Stats.1959. c. 1511, § 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 systeah mast 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.
l
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.
0 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 r
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 $452.17.
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 pf
an ADO program like Contra Costa County's.
6. On April 1, 1993, Presiding Judge Richard L. Patsey r-ded 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 resources, 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 kteC ,
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.
•
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PRIVATE DEFENDER PROGRAM MATERIALS
lie 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 seg. , 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. "Type 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. 50 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,
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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
3011 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
• 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 follow-ing:
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 Program.
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 Money 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 339,72 250,000 400,000 150,000 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
s
Private Defender Total Caseload
30
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Year
• Private Defender Budcet
20
$7.4
18
w
16 $7.2 $7.1
U 14
$6.9 pri/
12 Defend
Budget
10
•� 8 Total
Cases
E 6
4 S6.2
2
0
1988/89 1989/90 1990/91 1091/9'_ 1992/93
Private Defender
Cost per case
5350 $327 $315
300 5293
S_54
S25G
250 t ........ .
V
ti
20
O
150
100
50
0
1988/89 1989/90 1990/91 1991/92 1992/93
•
265
CRIMINAL JUSTICE
PRIVATE DEFENDER (4030)
,r 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 57,415,000. In FY 1992-93, the contract is capped at 37,150,000. 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 Actual 1990-91 Estimated 1991-92 Projected 1992-93
ADULT.'
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 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 23,167 2ZI90
266
Criminal Justice
Private Defender (40.30)
General Fund
lrulieatom Ac ua11990-91 Erdmated 1991-92 Projected 1992-93
PD/Appointments/Municipal 5950 54% 51%
Court Filings
Number of Special Fee Crises 82 75 75
Special Fees S 7 063,000 S z 100,000 S1,8001000
The number of cases brought to the court for prosecution and the eligibility 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 filed and counted
in Municipal Court.
Objectives and Performance Measures
Estimated FY 1991-92 Proiected 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
REVENUE 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
Xrsdieators Actual 1990-91 Estr"rr:uted 1991-92 Projected 1992-93
TOTAL COLLECTIONS $259,843 $358,000 $4404000
267
Criminal Justice
Private Defender (4030)
General Fund
r
Objectives and Performance Measures
Estimated FY 1991.92 Proiected 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)
General Fund
SUMMARY OF CHANGE5 REPORT Polcition 'Aanwrixtim taxis-Fund Rcwcaues Net County
Traersfor Coot
A. FY 1991-92 BUDGET AND ADJUSTMENTS;
1. FY 1991-9172 Adopted Budget 7,556,517 250,000 7,106417
2.Mid-Year Adjustments
FY 1991-93 Adjusted Budget 7,556.517 250,000 7_106,517
B.FY 1993-93 CURRENT LEVEL BUDGET:
SERVICES&SUPPLIES 263,097} 263,097)
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. The 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 colica 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 casts.
REVENUE 150,000 M,000)
Actual collections for FY 1991-922 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== 400,000 6,8WX25
C FY 1992-93 RECOMMENDED BUDGET:
Subtotal Recommended Changes 0 0 0
FY 1997-93 RECOMMENDED BUDGET 7,280,325 400,000 61890=
269
SAN MATEO COUNTY Brut ASSOCIATION
PRIVATE DEFENDER PROGRAM
FEE SCHEDULE
(Rev. October 1, 1990)
• ********IMPORTANT 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 apnearance, no bill shall be
submitted for pa_naent 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 CONTERENCES
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 chambers 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. (other 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 - JUVENILE COURT
I. 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 two
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
AND/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 "FORMAT" . 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 AVD/OR
ITEMIZED.
Tvtie B. These are the extremely serious, difficult, complex and
lengthy cases handled by panel members. Cases determined by the
coramittee 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-$05-$60-$50-$40
C.\DOC\SAECF"cc.RUL
(REVISED 5/1/91)
SPECIAL FEE RATE GUIDELINES
The Special Fee Comsiittee has established the following guidelines
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.
I. $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:\DCC\SPECFEE.RTS
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 the fees allowed by the fee schedule, shall be
submitted in letter form. This letter will contain
a detailed itemization of time s_nent 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:\DGC\SPECFEE.F.4T
(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 CHARGES
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:\DOC\S?ECFEE.REO
RESUME OF PRIVATE -iEr E.,DER PROGRAM
HISTORY
In preparing the budget for the 1957-68 fiscal year, the
administration of the county of San Mateo was considering the
establishment of a Public Defender ' s Office. 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 t-1-1e attor-
ney ' s skill and experience to the seriousness of a given 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
ndigentdefendants from its own ranks, and administrating the entire
program. This was to be done under a contract with the countv, .
and with certain controls with respect to cost as well as qual-
ity of representation set forth in the contract. 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 har
association to provide the specific attorneys and to administer
the program fully.
In Decemioer of 1968, the county of San Mateo and 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 for 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 wit:; 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 association retained a full-time Executive
Director as administrator of what came to be known as the "Private
Defender Program, " in January of 1909. 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 reeds 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 Progra7 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 of 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 participating
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 changes or developments, free continuing education
4�1programs on a regular basis, assistance in obtaining qualified
-2-
experts, assistance with investigation and legal research, cen-
tral indexing of legal memoranda--all those functions are part
of the service to aid the work of the private practitioner in
the handling of court appointed cases.
The office of the administrator 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.
More detailed description of the ooeration of the ProgramL
and range of services are set forLh 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,
and qualifies for such counsel. - Depending on the preference of
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 prQgram
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
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, " elsewhe're* 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-
conclusion; if there are multiple parties ; or if a client has
other cases pending with a different attorney. These �?etermina-
tions are made immediately aster the calendar, since all cases
�1 assigned a.re phoned in to the Private Defender Ofice by name
t
and number by the atorney 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 Eieading 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 party, questioned will indicate a
desire to consult with an attorney, and the District Attorney' s
inspectors refer them imr-nediately to the Private Defender Office.
Once a case is undertaken the attorney assigned will tempt
to deal with, outstanding warrants or charges fret;, other juris-
dictions s��ort 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, gull 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 cr, 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 to 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 . Where 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 conservatorship 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
particular form of action. As of July, 1977, the - Program will
also become involved representing persons subject to Probate
conservatorships and guardianships .
-4-
The Private Defender Program also handles clients ' 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 of a
commitment to jail, and the client jty deemed legally indigent.
ELIGIBILITY
The bar association has established a procedure to determine
the financial eligibility of indigent defendants. All applicants
must 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 w411 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 of the administrator prior to their First appearance in
court. On these occasions, again they are required to complete
a financial questionnaire and again their fin an.cial 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 Court
are duly notified.-
DEFENDALLS 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.
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EXPERT FEES , I�\rESTIGATION SERVICES , RESEARCH
The budget- of the San Mateo County Ear Association provides
• funds for expert fees and the utilization of private investigators .
The office employs four full-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
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 APPLICA_NTS
New members of the bar association or attorneys that are not
experienced in criminal law, who desire to join: the program, must
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 observer 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, t5e
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.
COriTINUING EDUCATION PROGRAM
Immediately upon the initiation of the program, plans 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
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or-anizatiors by a partial subsidL, procedure. The Private
Defender Program reimburses the panel attorney a portion of the
registration fee for pertinent seminars actually attended.
COMMUNTICAT IONS
.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 :imminediate
communication to all attorneys involved in the program. Equip-
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 DEFENDER CO"°UMIl^Ei
The San Mateo County Dar 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 consists
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 attornevs 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 payment is
made according to 'a fee schedule which has been developed by the
administrator, under the guidance. o.£ 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 thseby
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 fee schedule.
The Association has estimated that the total cost to t^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 public 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.
SUriMM SPY
In 1969, the Private Defender Program was in its experimen-
tal stages. But within a very short tire, it received the enthusi-
astic support of 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 which 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 physiological effect of this is
extremely important to mazy clients, instilling in them a sense
of dignity which might not otherwise be felt, no matter how 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 appro- t—
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 of 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.
ax-
payer.
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National Legal Aid and Defender Association
• Clara Shortridge Foltz Award
Begun as an experiment in public/private partnering in 1969 ,
the San Mateo Countv 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 San Mateo County.
In 1969 , the Board cf 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, of 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 Associaion wanted a
t
better than adecruate 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
LO the County.
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 recuire it.
b. Since offices, secretaries, library, furniture,
and equipment are the responsibility of 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 overburder�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 attorneys immediately,
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 of 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 processional 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
recruired 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
t
F T E
PANEL REQUIREMENTS
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
•
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 PANE
Voluntary resignations from the panel will be
accepted upon receipt of a, letter indicating a desire to resign.
No tempo.rary, 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
(3) Failure to maintain membership in the
San Mateo County Bar Association;
(4) Failure to comply with the rules,
regulations or 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 EDUCATION
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
1' T
NEW PANEL MEMBERS
• Each new panel 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 member 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 COVEP.AGE
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
M
current insurance policy which must include the amount of cover-
age and the expiration date of the policy.
Page 5
• 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
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 the 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
g
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, r . 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 required 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
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 cf the case and
the client ' s consent should be obtained where possible. The
attornev 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 an 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
PANELS
I. 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 attorneyis elsewhere. Ever effort
Y
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&I Panel
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 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 ccurt, 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 Panel
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 Proaram Exnec-ltat ions
for Client Reoresentation in-Juvenile-Cou-rt
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 Cornus
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
• completed 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) Hearings Rectard i ng ECT
(Electroconvulsive Therany)
•
Page 17
Occasionally an attorney will be assigned to
• assist a patient upon whom a physician wants to perform 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 Panel
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 13
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 co-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. Attornev-Client Relationship
The quality 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 atthe
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
after the as S4 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
i
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
.i
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. Special 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.
i
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
o _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 "Chat-
the
hatthe 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
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
Generall
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 Suionort 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
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 informiation 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
(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 investigator only
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.
O .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 a.-
needs .
rneeds .
Bail - After Hours
Bail is normally set by a judge in court or set
by 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,
ailset, 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.
Property 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 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
Any 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 expert. 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 requested 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.
• Sumerior Court Memorandum
In completing the superior court billing memoran-
dum after a case has been certified to the superior court, panel
members are recruested 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 cmtzrt, 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
prior to the client's appearance in superior court. Particular
attention should be paid to completing the portion of the
memorandum regarding motions and time estimates .
Smecial Certifications to Superior Court
When a case originating in the municipal courtIis
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.
Snecial 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
Page 34
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 Corumittee of at least 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 lump-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
•
an Mateo Private
--=r- Legal Challenges Are Lik' '
~Defender Program
r ==`I T ique, Well Used Under City DUI BiIlingply
- B SUSAN KOSTAL _ •-+ .-~_:-=�` ~: .
y' people will probably end up paymg the bU.
y^' By SUSAN KOSTAL either because they will not
- A prominent drunken driving defense at- city's authority, or don't haveL�
}San Mateo Countv's Private Defender Pro- torney is vowing to fight Sar. Jose's plan to fight it on it principle."A lot of wM I..
"4�gram bill those arrested for drunken driving an
is unique in two ways. One, says John intimidated into paying," be sof ,
McInerney,its executive director, "It's differ- average of Si55 for the cost of "emergency {personally, an-,-time I see
=rent than anyone does it in the united States." response" by police and firefighters. deprived of property or liberty
twthoat
o,after talking with judges,attorneys Santa Clara attornev Randy Moore, who process of law,eI'm alarm�'� m,
county official, everyone seems to like it has as many as Boo drunken driving cases ••Those with competent coup w1 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 retroacdv Blas
'is less than pleased. But District Attorney clients to not pay the fines. more said those arre<ted earlier this ye,�
_ 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 198&. None of Moore's clients have r�eived
_ Fox, who supports and participated in the tinder the city's new- emergency response bill yet as far as he knows but whey ;ty
program before becoming district attorney, progra �, soli orit:es may bill any motorist start pouring in tills hoLda
_ aarnitted he is a bit jealous the private defend- whose intoxication causes them to violate the has promised to"take areal closelookaMt�
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 tij,
--' • that necessitates an "emergency response" unless I am convinced'it's lawful.Andldw
while his criminal department only got 55.8
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
1963 by the coup bar association. San Mateo response begins they as turn on their emer
_ �' po � Moore's promise to fight the pzng2'am_-:.S'�
;i has never had a public defender program. gency lights or sirens. sure it will be challenged," be
Even though this year's budget is 5500,000 "We welcome those cbaIlengm.-U-thc
more than last year, Billed at Houriv Rate are unsettled issues, the casts wM sett=
McInerney said,"all parties have agreed the Offenders will be billed at an hourly rate of them for us and then we'll know.-.--
private program is less expensive"than a pub- about S35 to$38 dollars for each law enforce- "Tis a new program, and I'mTsm
lic defender program, and, he would argue, meat or rescue person involved in the there will be policies charged down the
more efficient, incident. We won't know until the courts sayyim a:
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 problem--wit
and public defenders. two paramedics and three police officers to . .billing those.arrested for drtm en-dam€
the scene,each who work on the case for two "This is not a form of ptmishmeat,Vtrae_1
Compare it to Contra Costa County, he said, hours,the biL that would arrive about a week ly," he said. - •-
which is of similar size and spends$7.3 million later would range between$560 and 5600,said "But you get real bitter tow=ed 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 eou* de.
County spends $6.4 million to process 24,000 ment's traffic investigations division. bodies. It makes you kind of Setupset-wtimcases. The average bill will probably be approxi- you see it.
Countv officials don't argue with figures like mately 5155, Blackmore said. Collection ..this causes somebody to tbh*-rte
that. But the program has not always enjoyed from the program will go to the city's gener- about it. (driving wbile intmdcated)
al fund.;...: . ..,. .:�' �':_� ,,�^�:• . ne geming kill.-d or arrested,if i
What irks some attorneys is that the works bgosh, we done some m� e
.. is for those are % '�b
--- charge arrested. The city has said.
...^f.•„i';;y�•,r• .A" .. K+'�.:�'.:a ,.••;,,.�.�,�3;.� .'.�._:.
i
..-.sem`:• w<,.'°'.4f•�'f:� ...._ ....e... __ .
':.._ .�,, ��-.. . r.,...:T_.•Wiz.__«:. �"'�:�.b:,,: dere.-mined that conviction or acquittal has Blackmore and area attorneys said i}ui><
nothing to do with it, Blackmore said.
•,.;." :-:�; - ;.,•-��..:.,... ..V.�;�. -_. g one more example wheremmlyT2
It is the position of the city attorneys finding Rays of billing those they arrest,tr
g
'
office that a not guilty' does not negate the
: .'`,.�'""'= .,P.•;. e o try t0 recover-the etlSt of police and fay
response by the police department. The city departments. _ --==i=-
"� - pe Po Don Posteli president of the 50 neiabe
..�:.. services personnel still had to respond. This
is not tied in with the courts at all," Black- Santa Clara County Attorneys for Crimina:
more said. Justice, said it is unfair to single oaf oof..
City Attornev Joan Gallo has defended the group, those arrested for drunken driving
practice on the basis of the state law. She sM-
P for such treatment. _
notes the law allows a municipality to bill "ltifv few is those people (police o15
,x ,.r drunken drivers.a civil debt the communi cern) et
t`! g psi to do their joc.and if do tfiess
. '.3 can recover wit lout waiting to see if a person job as they are supposed Dosed to, they are not
is convicted.
entitled to anv more than they are paid WE
•.w-„ The bill goes to those arrested, not those pay taxes. That's what taxes are for," h,
stopped by an officer. Blackmore noted. said. .
` . Moore said he was aware of the city's olans "Some fares are caused by re-';g. b%t::
for the program which he called••pretty out- we don't rho oe them to put it our' he said
-- a+ rageous. ,o
- It is immoral to charge peo,.i.. for tire:-
g
such bills from other municipalities in the advise a client, but said he would be "mora
• - �` ! valley,he said.The bills from San Jose were than willing to take a test case." t
mailed last week.
Attorneys whose practices concentrate it
Of South Bay cities.Palo Alto,Santa Clara. drunken driving cases also said the !a '
.y. a -,i.y +•.. ..{y .~ I
I cies,
Hill
and Gilroy have similar poli- have become stiffer because legislators iooMorg
:t
..►;,r.r.,•�=.��..:. ,���.,:�•..- policesaid. But San Jose is apparently at stricter drunken driving laws as an easy
the largest city to have enacted the program. way to please fickle constituents.
the past, my clients lients 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 riot everyone thought the pro- drunk driver pay, to deter drunk driving, to ered to be an expert in defending d=r<en
gram would fly. fund the investigation of drunk driving driving cases,said legislators just want their
In 1963,a loose system where judges appoint- crimes. But peopie are entitled not to be names on a bill that says they are agai:st
ed private attorneys to represent indigent c+i deprived of their property. Who is going to drunken driving, and sometimes the corsti-
ents was becoming an unbearable act as judge and juryin these procee=gs? 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 cliencs
wasn't working that well." Lamm said. innocent until convicted or upon the eatery of who have received a bill yet, but agre°+d it
Mcierney said the judges disliked the pa- a lea of guilty. The :Here fact of arrest b 1
P 5 y was foolish to eves consider paying tre amu.
perwork. and would sometimes approve ques- I should not be used against thein to take man- until the case was settled.
tionable billings from attorneys. "It wasn't a ey or property from them," Moore said. That may not be pa-sy for those billed 'av
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 :hei-
the scandal stage, but there just wasn't any said. although he acknowledged he has not case is turned over to a collection agencv.
control," he said. I 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 ple arrested for drunken driving. ',i ny 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 or the court and the
sent letters to judges, telling them of the new
best serve the county s indigent. police a encies, and say that my into reta- - ro tte
g rip p gram. Moore has also promised a le
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 throu-z^
A speech by a public defender from San Moore said he would not ballk at taking any the correspondence, it seems likely one or
Francisco clinched it for the county,according j Municipal Court cases on the issue to the them will deal with Moore's challenge of the
to WLWam Schumacher,an attorney and coun- Superior Court on appeal.
program. There will be a battle,"the atter-
ty supervisor. Moore said he was disappointed that many Hey promised. _
Most of the county's bar leaden were at the
hearing when the public defender began extoi-
g the virtues of his department,Schumache- '`:.
id. �'
I `He said they had all but eliminated jury Lawyers-blot Repaying .Loar's7_ials and was bragging how much money they -
saved the county.He was the deciding factor," - -
Schumacher said. The county was not im- T a rget oU.S.U Attorney s .O f f lC
pressed with just a potential financial savings, _
and decided on what it thought was the best
program available, he added. By JIM LEWIS his office has laced a lien on the feder�
Jim Dennis, an attorney who spearheaded McClatchy News Service P Y"
the private program,. convinced the board to - court's payment to one-"defiant attorme _-
P P � SACR��fEti"I0 —Attention, deadbeat law- was appointed to defend an indigent persr�-
give the bar a six-month trial, Lanam said. =Lei
vers who haven't aid our federal student If all other collection efforts -fail;`
- There was some strong opposition. The P your warned, keep an eye on our house.= "`
court didn't think it would work, but the were loans: If;you see a guy wearing a badge driving P Y Y
y away with your car,don't ge tyour nose out of "No one should feel comfortable;..that¢.
willing to and'
it a try,' Lanam said. he �; won't go after real property,"=}LV-
board, and a lot of lawyers, had doubts." joint. "We're down to the real deadbeats here
It will "ust be a deputy U.S..marshal collect-
The board put Lanam in charge. He couldn't ing the governments debt collateral. we want to punish them. What we5�
offer the staff much job security,but he hired a Lawyers are not the only ores who are en- really, is get their attention and we..
secretary and se-up shop in an unused confer .i_.,�: pay up." ,��
couraged to pay up.
ence room in the Hall of Justice. John Gisla, who heads the�collectiu4
U.S.Attorney David Levi said Thursday that Levi's Lanam scrounged up some borrowed furni- he has ordered his office's debt-collectioa.unit ' �s office, said that•_during-t�
ture and other cast-offs to"outfit the office. He months $375,000 in cash has;beef
used his salaryy g in Sacramento to review all defaulted student.
to buy an adding machine for loan cases and seize the car of any debtor who tr0m student: loan recipients�w
the program so he could stay within his$500,000default,
is able but unwilling" to make regular Y, •-
budget. The program soon moved across the `We also expect to collect-mm
street to some equally marginal offices, he Payor ' r delinquent-student loans through
fund•offset program that was Inst .
said.
Special Attention '
"There were tremendous administrative P yam', Levi said.."A number ofdea .
But Levi said attorneys should pay particu .
problems," Lanam said. "There was no real deat:Ioa.n defaulters will be�:',
lar attention to his office's new lit , which _
plan we could use. Other counties had made P° Y when they learn that the IRS has seflt.
t
l
t appy o state-administered student
attempts at it,but one was doing it the way we does no , .-.:. ihcometax refund to the De
wanted to do it. We were taking on the whole 1oa totpay their defaulted student--
how
tudent•
how, , In this community there are four attorneys- .:.Student loan repayments-90,
who refuse to honor their commitment to pap..
The judges were very understanding, and 's loan pool,Levi explained; -
r on their loan,' Levi said. "One of these att°r�
ered their help as the program struggled to C is-not repaid is not available
Heys drives a Cadillac in defiance of his duty to
.� feet. Lamm was putting in ]2 to 14 hour ..dent Ioans:,�_;:,:._.=,- t:-._� • ' ,
days seven days a week, he said, working on repay the society for the benefit he has ; '• _-
cases himself when conflicts or a shortage of received. �'It�n�nfair to ..
volunteers resented problems. All four of these lawyers will be taking the Y
P . P :cannothave an education because
But within six months,Lanam had convinced bus to court as a result of our renewed determi
nation to make them pay up." : 'student refuses to repay his or herb
See Back Page—PRIVATE Levi would not name the lawyers,but he said: F `•"
rel Monday, December 7, 1987
Private Defense insSan Mateo
Continued from Page I McInerney said that because the county is f
county officials it would work. He has a some- not dealing with a harried, overworked public s
issioner 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
"They were all just really impressed with the county complains about," McInerney said.
careful to indicate in a tentative ruling it is the program and the operation. They were Art Bernstein,management services coordi-
sed on "no opposition papers having been really sold by that stage," Lanam said. nator,said county officials"continue to be sat-
:d"so an attorney will know immediately if Lanam was the program's administrator un- isfied with the program. That's why we
nets 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 of September 19 0. We think it's cost-effective."
difornia and Hastings College of the Law who He continues to contend the privateprogram "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 I 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-
I 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 i The program has only faced two malpractice
__ suis, McInerney said. Both were dismissed. Budget 85 Percent Fees--
The Livermore-Amador Valley Bar As- I "We tend to think highiv 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: 829-0693. i There are several advantages possible with required for indivival cases, but according to
I the private defender program that just aren't estimates, attorneys get about s100 for a mu
Wednesday, December 9I pracscal in public defender offices, he said. nicipal court case, $150 for a superior court
One lawver can handle a defendant's ar case,with other hearings,motions and disponi
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. In a When McDonald participated in the w, pro-
Hon,Bill Lockyer speaking on the public defender's office, a client might ulti- p
for acramento 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 Sauare, Oak- said. it," he 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 Party.Be&ins at 5:30 at 12512th I like that," he said. nothing but private defender work.
St., (12th & Oak Building). Information: I "It puts the lawyer in the position of knowing McInerney has run the program since Octo-
Lenny Becker, Esq. 782-7450. - I the case from the outset.He or she doesn't have ber 1980. He said he'll continue as long as the
The Lawyers Club of Alameda County I 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 I 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. anywhere. 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 is 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.
2o2s Shattuck Ave., Berkeley. Informa- ily handle a sudden increase in cases,McIner- You need a strong bar,supportive Judges who
tion: &!&W9. nev and McDonald said.A huge increase could agree with the program and an enlightened
cripple a public defender's office. Board of Supertizsors," he said.
Fant to pass
the February
� a� Exam--- ?
Enrollment is limited to 35 students
San C-10P8amonr.&nu„w Buueun•Waanasnay.Apn1 17. [990 8
Public Defender Program cuts out bureaucracy
BY Mark K.Cassell says McInerney,"is the big difference between Carlos. 35 lawyers assigned to more complicated.
"if you were arrested and•couldn't afford us and a public defender's office.You just Pomeroy enjoys going to[tial and since tis hign•prorac rases.
an anorney,who would you want—an over. don't have the ability to just say 'no'in a other ries(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 tnal ed less complex cases,said McInerney.
defender or a private attorney who controls McInerney's commitment to reducing ex. time comes from the Private Defender A final beneficiary of the program,ironical-
his or her own ase 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 ur enu often believe an attorney
The answer is what makes San Marco defenders office. is more committed to a rase if the lawyer is "We've lived up to our commitment of
County's Bar Association Pnvate Defender "McInerney has done an excellent job compensated. costing 10 percent less then a public defenders
Program unique:San Mateo County r iminal eliminating an ineffec ent bureaucracy"said "You take a company like Morrison 8
defendants,judged as indigent or too poor to KellForster,with 150 Ito attorneys,who ride office every year since we started n I%9,"
y� P Ys, p 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 supple:clients already humiliated and s-cared 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,coven 24,D00
tire country. ing the red tape. `•If,you've got a guy looking at 10 ye-us, cases and is Car less expensive then what a
In the highly-publicized Sanchez kidnapp. public defender program would cost,accor-
ing rase three weeks ago,the two defendants
ding to McInerney.indicted by the DistAnorney's Office were
rict
assigned two private defenders,Garry Mer- c r '--" ^-• ••Since costs such as office space and sup.
'You just dont have the ability to just say "no iia a public rat and Steve Grier. P part staffs are born by the individual attorney,
Kelly also defended Joseph Hunt,the clef=-- defenders office.' the Private Defender Program saves t to coun-
dant m the Billionaire Boys Cluo murder trial, _ _ Ey revenue.-said McInerney. . .
a ase to publicized it was dramatized for Since clients, lawyer-s, 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 commitment of an benefit from the program,one wonders why
Private Defender Programs. 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 life," said work,"said Pomeroy. "Like any entrenched bureaucratic syste^.
cases,the two represent an important advan• McInerney. McInerney says,however,he does not want deputies in public defender offices are riot
[age of the program. - -.The program assigns one attorney to a client-- people to think fern year attorneys are out about co sr_tree bureaucracy cut out,"s d
-"The Sanchez and Hunt cases would have thiough bis entire legal-prtu-•< Clients are___represeating murder•suspees.---- -
a difficult time being handled by a public then counse!ed in the attomey'_s private office._ After.a client is assigned by the judge to the. Deily sadly.
defender,"said Kelly."because of the time program,the rase is evaluated and assigned McInerney gave a similar'answer.He said
and costs involved." This gives clients a unique sense of respect to attorneys based on ase type and attorney the counry's experiment 21 years ago paid of;.
The biggest advantage of the county's and tr"t,said.Mcinmey."The client doesn't experience._ . Other counties are simply too tangled :r
private defense program,according to Kelly, feel like they're just being handed off like Kelly said he was one or an elite group or bureaucracies, he said.
is attorneys decide whether they can handle another piece of meat in an impersonal,
a ase or not. linoleum-floored government office," said
"if you're a public defender with a Cull case McInerney.
load and you:supervisor gives you five more "A client should never have-m-talk to-more -
cases,there's nothing you can do. then two people-the erreptionist 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-
tively, Need
lack McInerney. head of the Private program — 1 ll ~
,the P gram also benefits attorneys. T
• Defender's office.said the 135 attorneys on Although earring slightly less then average MONEY _
tx panel,give the progrmt a tremendous pool attorney fees•lawyers benefit from valuable for of resources to all on. trial experence. =• - d �Y J
"`I want an attorney to tell me he can't "This isn't pro bono work. We are paid - _ CARS RVs VACATIONS
enha
in-the client)because,if he can't h.A - alright." says F-d Pomeroy, a participating ''�'- . . Take a
dle the mm,the client loses Out.And that," pane,attorney since 985.who lives in San
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Ju Oat., U's
_T It N'F,AR No.6 ,Ale eL NEWSPAPER MONCIA) JANUARY It,1989
7j hopp Files Bill
ft Cel
_A
II
To Liiino
S.
I On Fee Awards
11Ha.1 11 14
1;ACIt.N1II7NTn A 1,11 1,- a-C.",
t" -11-0 in [at N to II"o,
a0,u, and-1-6-', ad-1117
Set, U-co K,Irr
rill
1�11, c cl
IL III,hill wmtld rant it,,-r-,51.5ti(I
Sitiji(XI aroj�.r 47� n1ter,
A
C,,wl,Sccl� Flat 1,.."do arri,
hie it, 'Con., h, 1-0 uql u."
current limn, lec,r,I
Sl yf" a" I-- in PUCC f- 17, scare
and t<nit n+mrrr A fig-."Kopp
-it; a a prepared n.......C- "Thi,ew
I" I'll"freq-tak ojcjo<that
h
.lin .,hecri'uccc,<fuu a
{ tnC Gamic mut action tNa'a r- -c emus'
"Ity"o,
offlcl.calln,"Co"e,the actual C.11a of
his ,,he,legal rco,e otau*-
JOHN K_McINERNEY: p,.gm.e-ctiy I;k,this,"he says of the S,a hlaitvt CountV Private are 0-fender ProR-m. Woref Friedlander.an aide to Kopp in
S.C-Cm., id he 'earlon,.0.1d at-
feet ca%cs brought against public Agencies
thin Pdod donini,tra-ely Against plain.
The-private I s.---:-. i lift,and -c,c later found lo have riald
rar,, or c2pr,ciously in deriving
San Mateo!s 1969 Experiment Survives as Unique Urban Program the action. .
-
He Said the C.is,utr code section cites
handler.a case load that has q p.., p,o.n An Sdwo,,ubGrouA ni,<Ca,ch firm ,
By RICHARD P.NINE cats such as an individual's clacrofti-y'
o,cragt of 10 percent aonuall% for the h",ii in Wcv Ne-cm.Mass.that spy meet insurance helat or a teachers right
P.,,f 6v, s. cialfres in tiadving indigent defensie :P"113 nay CAP the basis of acmU,.c-
Io iietdy In 'ca" aFn 3, 1-. a P-11 or 135 par- programs. ui)c"wernent.
.In 11 ',,,A! ermllrall, h, thr San liciMfing Pl"-"-nolor-were 411,Cn, "There Irrov isn't aii.th,ng like The t,,.pntd change would apply In
klau,t"C,1-111r EW M-An"to
- cd -c than 24.M)cans. aid John
, It."
he said.
id.Adding that c1cerl I.,San .11 Laa,And local admuuwt,ac wpcnca,s
*ate--na;d,f,."for in,fict_I- K hicloc-c". of the M-0,C,el ina'o,county in Califon- the,I—civil ac,ion filed after the Are-
-cl,ped ,, .. fi,ehl, eIj,, ,o_ coon,, bar -oo.-n- And acimmiu ria h,,a puhhc deft,rde,t nfrcc. c,wic,on the ormuct.Friedlander said
-0,:u h.,cluum-d the need in,. for,,[the pllplo L-CrS Min h" c'c.in the S;m Ni- pro,Cram Kopp 25 -un - -available for comment
cou- rito'lic dc!c.nocr 1%ah - it tiff of 13. P" S50 r for capital F,ma,�and Fdide, vl.-.re of
:
A A ' '[:me .'o-court, p-cm-ni., rclti,fin,!nice oil An annual which D,c S&O in. c,r,,daces in. r,n.plcd he bill.
A" V"C"r their ""-' "'vice, of Sha .01m. paid by the In the Care,lA,pl counties. he said. "The tcmzmr jai,o came in per day And
Nat-
tccwu,, of duoOhmp ,,t coarl+-, Ud of if i, p6- m c lac�5 are cr,ra,aved .handle %;6d let's get An amendment 110'he CmJcl
rn-C,. SA,, a,en� Private I)cf,rdcr h,;a,vtj to h, the program or ca�ct that woaid rnc.ca connict or htca this ix P r ildlance,
an. only run,u1sr, all the In- ns lyix in Ihr M.-nn, .i,l R.t-,n L, iracrcs%for the puluic defenrlcr,such as said "I'm not %urc whether it came out
d,pemrep-c-mui in If, Pon,,, it Sp-rc.,berp, direct.,of The SEE PRIVATE PD.PAGE 6 of his-e,pe.enec as A 1,,31 attorney
SEE KOPP.PAGE 7
Ili Tnia,,'s Transferred Defendants Inside
CALIFORNIA
DAILY OPINION Suffering, Counsel Claim Supreme Court Preview
SERVICE J."'Ce,Ila,ur oral aq-,con,with
MM of Ju,c.N-1•'
n"id. ca,c, ..g,np In-a cfl:.:Icms!c it,
CA IFORara Th-, larkac,A la, lf I-.be t-,11K, Imniunnn, in netc,calurn npluw 10
COURTS Or APPEAL and I, client. who Afreody -, el-id-I o f oc 1-m mr-I
AS I`- F-, I- , It tf� fi,le,'i Crum to S.m an,-e-�zrjmact�K+ I to cartur.1.1 d"tir.ww,
A.,!.,,, r.. ,an the .,me F-c-cia 1h,a I, . I Comr,""ury Page J
I'cA P,7,ra
eq., -m_1 f.-S,
'a Z_ n1jC11C11_ 11,11 1"InhIcro. p-mart CnhctS,og rict-h.,become rim-
In Sao F,an',cn, ..it,.I—detente
to)uricfi10 a ......n,ml no hChair r,,mplcw and uh,cci ,,A�idc .are
metric. ,, _P"! licc:'." ofai;- the of I�cm,he c4,,,ned-Cle�herig denied nf Mral"C''ince C'mIcre"has ei-
14.01 of J--no; an, III,U.S ul- Sixth Amendment richt to effe-i-c noted the alturnev ewe famn in the
KIMTH CIRCUIT Ma"hal, sccc h:., ledc"I l!"aacc of emm"I and Ifucn, Fifth Far, Debt CnllccfiP. Act,
U'S COURT or APPEALS pri-ricr, am vam, trial it scow"Cm, 11 A,;,co0-C a I ig'a n,due f"me,,of la. sin,k,,hcM J. Mi,hh,,deputy dirce.
(1--.1 "'a"mc.."'chc",P, P ), 1"n(n-1 ... ,,,a(the Nvan-1 0-unn:, I.,A.
I�0 , ,I the r,,,.n,,, :ac f-. 9701.10. U.S 1),,,,icf J.Upr ccrue,m O",an.,
li--d 124 ride,-111,of Sam W,I I I I...ick cl-cd p,an. a Pirg,4
(II-INIONS IU 41k INIM)r, in C,.Iu,;,C ......1 51 art,S-n,I. 'C" -`F 'c grown to Head Club
417 1
--ld I—-p-rm"I t1a,mm,lc,.1(C';I San Francisco Sur-P, cou".
Gorrertiott -u con it,, San F,arv,� lailur 114 Is w. take, n_1 -
.art chem. un""Y' aid. 11,- 11- ;,a-i,he CaC has hCC.-n- r tell 11! Ih, Calil-lin Clio,
Irani.
"Th, In,11,•or hn, a,d,,' mun.calfh Club.
jan �a,m0c At-,, ,,,it; .......at "........... in, rch-1, jC"n)d Page 7
mr n ca- It- in, "all S f if lht-cli'm C:..,(talk p, Sun Francisci,ilcfcn%C allornry
Al,m:,l I-, Z""h, caul
Ac,mF FCd,,:.!Nihim Ile- hi-Ladv. of the Federal AT70IMEYSEIRVICES..............23
1'r I, Uc rider P., CI, prices -illi CLAssincri .............�.23
-,t- In, RC111111r, I- Sc—C,Star-) I'll—an
U, "I 1� er of 10al
vart, :,, I,rn al I'llralP.rnmin., the 64<taiu,. hr.-cen at- COAMUENTARN ..................4
"
' 't,'Or are rrn_cl,C,I h,af,P,,mIcij C_"
ul lornry Anti rl,rna ii iakirc its'urfl. (:01.191 CALENDARS.................a
:t,
-
The tarn,tvunr,AreI"
Phi, wrcu,v, it a a .0. h.- ,, Affect lrpar,couuma of AtEETINCI,NOTICES_,__.........I
Aph-. !lair, d,-." "Y"11, ahili.y to give AUIT 11.111IR.........................
PUPLIC NOTICrLe�.............. 20
In, In-1 do,,"ha-or, nen no-mirfal 6rt,.1-,1P-hc,hc,10 P'.in
:- I"akc In, 1-,h, -uh ,, Inal r1ca,I guill, I,envied Thr puvw S.F.DISMISSAL NOTICES....,.....to-1
I of"It.orns,Pact
' f" ' '1,o stir ow r•Alio«,,., la+h�•M, ,t, cess
Private PIS Program. Is Working Well
co"TINVCB f T.ra GF i
rerrewmmr a e.••nrteotsant vhf+ n Cr ural defense sal. r wweoer
."W, ata+ U
id artrntsam, Such .. Uid M, G.ldslein, who has
ear
moms, v ns n trmuartco hw n bar unpued I'
he rwFram ,in ]071,
r- �.«�r.4,n:nen:r.arrl.u.,trtrn. : San Diego: Example of How aF""."It"wnrk. btr.uu`it"' I.Sen naif cnunhr,e".rrari wait hat pp""
of an etements of the corm,
attrn, 1r hrnrflt .,it leis,., Same Programs Can Go Awry the uIlfec.har as—mucin.cve cior t
drlrn.+' bra me„ are Jsrnit, p,y,utaicd -)ted,-be said
jai a with . vat hudr<Is for Whil<ma nv lawyers praise San sta(I attorneys in I..,ofriecs work• Ud,cr pnvare proprama have not vers.
rh„ _-I I'ar.,wl $ttrniarr In S70.4XXt, Ataren's unvme defender program, ing...lusivelr no these cases, to because of revs ndnun,t,a.n,super.
cud Sp.mgt,ohe,g come point to a similar effort in Son The cnanq,initial compe,hiveno and rraim.g.r,,d lrrw..
Inst+ur +, sen and a ovmi„g case Dreg"as an esAmpir of his.hot to bidding policy was the problem. ,'h wild wArk ,n San Fr.oci... but
load. Ihr San A amu r"r,nm has u ori. provide+rdlecnf!,Kai services. land..said. 1,-,, a hard rrnrram 10 adm,n,,tcr." he
Hnh,c",,s sa,,bc-,,r of an unusual "l was n Baser,down there." "if you don't hall a floor,people said. You have one of the bis,admim,
rnm!,mm,nn n( r11adI ratio amt said Sun Franosco Public Defender who don't 4odmifiroS,what they art varcus lMelnernyl m me lav h"s cess
,,,otr,r«on, and supj• Irnm the bar. Jeff ll,nwn, pelting into will not allocate enough rummip in., pinpoint h would to hard
.be rm:ns. ihr Cost.,., Itrard .1 N.M. In 1993,Cnmmunily Dc(rnders money.'•he said."We have proof Io dupheale him."
rs and Ihr ran r, n,an.rrr%office. Ine.,a n..it,o it pinup in San Diego Ithat during that perind)no invtstiga- The San Match program was a useful
1.,s'tl's hkt Cenmg ail ehr tear, I.
Co., treat handles a JRrpr number of rn- uon or hardlyart,investigalinn was mr>alcl in setting car San Francisco's ecu,•
n car ncc I r„a,s it d,vc"I barren that diFent de!ensc cases,rued the wort- bung dont,and hardfy anyla
eaes flicu panel - a group of privait at.
ant.."Akhmrrn,y.a.ed It,over a program i"which blocks were going to trial." inmey%whit accept indigent defense Cates
Thr rrnrram uancd to I-',4 viler the of u,c were its,aided on the basis HeavY turnover was another Inasrresent a conflict of interest for the
superes.wry decided n , I tog too of conhpetiti,e hill,sit fir7tu and retch nr Competiti ve bidding,said pub ltc defender.
much .in-I" m o.j.,d:>d heir's- other rrnvpc ni attorneys. criminal iusnce eoo,uitam Robert L. But public ,vucros have a big advan-
ter" to whtrh each ,r,r wa
rat cadge m cf- Cnmm^nity Oe(,uders s in- 5p.omrscrg,who evaluated the San OF,.sari tl n h,in pmvidmp a erre of
teci. -ould la n.muc, fin ter her oven crnstd h,the svuem.alleging that It Diego tom riles program. C...C,pcnpic,iocludmg speCralrsr,in an
grogram I smiled a Conflict of interest between "When we looked at if in 19x4• ,.crc mgly c.mpie, field of law who
Ahnrnrv,ir"fe"ed rr+morel.+deftosr { lila fav%cg's mortem•in making $5,bo,iaally-11.1 had happened Kaye c"n%tatenl azeignrnems and are huh.
-11. a
ryw d -'t
d have In «Cit car d, eacl, i mnnr,and nor client's ability to pet v as if,.,virtually no a"n".C'nrs lea m dost,uptrvrsrnn and aecnumahili-
tudre s clef( Thr aider.;,kilo assign Inc soil^.carr repm,entalmn, wem still"round who had,caned I).IV—said.
c s,<s ano men rc,Iev and arprpve e- Brcau,c tm ectiF^tion,munscling the firs;year,"he said."Tnry - agar -,more, if a client complains
rcn,c ve,;hers suhmmnCd by me at- and other fee,were deducted from would not rebid on the basis that' about R lawver.Its., lawver is..mm'of-
nrn,,,. the I.—C."" the Ihr.•could.".make.ii'mr on it." fico and hers,.N,og to his supe ran,"
"l he;num, fell n., or find a handle countywase prmiding an incentive Also.the counn'found that wm- ,aid Urnwn, '•lMcinerneyj Ines to do
,:
I n n." Asclncrne ,a,rl in the course (oth
r e L wyer m redur<the retuive bidding did not whet Ihat ail muco as hr can"
W cats hcaoor, the 11-ml of N.pe..vtsnrs amount of time and montes'%nen,on hm.... *law yer,were petting "I su,pem sure-mon i, belle, in a
mccrvcd a r,nrnsal not mr bar assoera- tt these,<niccs,said Alca La ndnm, r"gefher and calking ahuul their pubbc defcode,'s offiet" acknr-dodged
uon TI c daaded to ch„<it a tiscocci ive director rat Community bidet,”Snarteentorg said. Meloemer "HowC„er, one advahugc
Thr C,rcnnem ha, hecrmr a Astute Deftfelt "All of a sudden,bid%tame in we have here, if ans,bodv Is n,i doing a
in" recto cr high marks. even calm In a 1096,ctticmeni of the suis, within a fey.do/arsof tach.,heq” Food Job.t hear about It.I bear about it
ruhbr dNrndera the county agreed t.pav for these he said. from the Judge. the DA's office. the .
"J duoi rhe, have a,onng prmlemm." atrviCes seraratCIy,he wide - -'The main lesson the munry has client, other pant members. or all
said San Francncn Public Ileiende+ Jeff "For Urc time Ixmg,serious learned is that unions the office is, four"
he—. "ts< nod of if,, fe. program, felony tet.s arc paid on on hourly mnperty funded and staffed,fou-- r 1. addition, staff apom<vs Barbara J.
like int that has mamtamed a tradition or hairs•ne,n-tariont u,es ore paid a--' are going is have problems;•Ian-_- Madach and Gcnrd F. Hilliard arc fm<
htg»cosh,;rcrfnhnance.' set rate per else.and oufof-poCI(ts,: don said."In the long run,you end quend, m court, 'keeping an eve on the
:•• rat rcnrre unnn is es• costs arc paid«parateh,"wid up paving for it.-' - anomevs.
lrtrcml, htrn,`and In,: war Cave when 1 landnn,whose^Xaniaatmon Isar 39 - -R!C!fAR!)P.H1.vF" "Over the via rt. w: have ramnved
was a nm,ccmnr. sa+d Paula Schllchior, """ - - -__-""-- - - -' ^ ionto n+.revs from the Panel. bur it's
a win gran�I—in Redwond Cin'and a done politely and yuletl)'," McInerney
farmer San Mate,County denote district Fen ao u, at percent ofs»e etas." ..We er gm 24,0K%t eases. 135 law- said
airnrnn, Mclnernry said."Mor,meendv it%Men vers.and a month]) payroll of Rhout half The San Mateo project conducts abort
")6<hchcv<we save taxnavtr,m.<g shp cal,1—60 Preccnt." a mitran dollars.And we do it all mar. half a doren mandatory evening training
fecauc; wart nut rrrndmt amumerpal Fact, ,,dr:he,the intro ran in decide uaih." Mcl nen.<, lard, "Aut.mat inn ,c Ioos of ahu"+ three hours tach. if
hur<a ceras) wonc,nil thy, fringe which d<Ic"dams arc chrihk for is«a .;If Leto,,pen,c,down Ill In,earn we lavvtrs cannot auend, Int}' must see a
htncfit$ such.,M, In, and paid huh- once ha,td ufno finanetal inforouloon won, have to hire additional clerical vtdmrape of m.
day%.' said San Match Counn bar presr rindidtd if,Inc court. sufr Also.each paniapam it piy a S3W
den,Gorden r Bardet -'There is n"matte tnrmvia."he sand. "There n no program ezacih, like annual account aeamst which he or the
m
Cm, v officiak eeumaic the program Although dcfchd:mt%pay no fee to thelli,," he continued, noting mat in San can dra- to cover costs of educational
cos,ohms its petCCm it,utJ pcmCm of bar, Ill,,can he ordered to CoriaIyitgn Crwnty a nnrtrrofd torisftratmn ehur%Cs conducted by other bar groups
u hal a ruhh, drlcndcr, dcpanmcot share of the costs of repretemation if the handle, a larct miner of the mdiccot -rramine is not a marnr (opium
Pubo cr sa,d GeavCc Riley. dues"r court dacrmpes thev have %uf6elcI re. criminal defense cases wnh latvers�no IICCAUSC mere is Inv turnover on the
rat me croon's rommumi% %cmices of- sources,Omv shout$9b,U(K)comes Irom stall.But San Dmgo,which ha%been ban lawver panel. and even a moderate
Dees ulr<h nee[,<e%eentfael engrams these conlrib"ltnnt, rerm,cnlrrr ahnul iered by c"mhverty in recent tear,over wailing It«.Mclnerneo said
Ant.'ehr Priem:Uetc note I'rneram has I,5 merccru of me program s budrrt. I, handling of hc,c caws. also hat a Many memhR, of the la-.vers pall
the aov,n,a,r If tnrcadmg case% over a It add mnn to lelon, and ntl%demeanorpunhc defender's.flee and other pinups RIC
former proteeul Ms, said Schhchier.
larrr numher of a ..epos ranted coma. parru 31,-c lawyer,h.die Inner mmma m
h" t cowith In,coum,, who was a demo)district attorney San
SCci,te:.who Heads a bar enmm lcc on miner, w here ;nuns Co..,,rCo..,, ICVIC. "I he not, v ,In make it wort i,to Mateo Chums'
Irom 1975 m 1983.
n
me orngram ,"la"In ter mdigcmt,including cast%in have al
I the Monte-no
tmpaCt the Sy,- -Th,, fesye the rroseemnr', office
'Thr la-'yrr% on'I rel to a ,114anrn m Crul,, proha.c ail (an"ly law• and 11.1 in Mme_w of agreement or Cmn,tn• and work on the panel at an adlunet m
n!hc,otar unuarrd h, _sok a.%i an, a,mmumcosal Mnt,,I",mendr.rrders wr%" eirncsaid. "1 ou need a <a,mr role private practice." %Ile said.
nth! w, d-, puhlrc detender'e of. The gra• inie cast load h..,put ple....C crone bar as«wtahon,a surponivc rude. "Other, aa,' on the rand. b'o`as es- .
&cr+`tn<satd nn me tlrncal stiff van. an enlrchmcnrd board of sunt, cellon,n .nun",•In
I"!,me nc•am o rp d0 teal-nrk." .
pe rc,tare a heav% and To ca,t some•of this sm%,ure.the har yn s. an udcliteem count, manager, A mistake.toms private defender pro-
pri.,• ,.came Incdn nt
u<Irrea,C0 rn•. elan• , mate the atrnnhem Rod IM,C. hick ...ilk ev',rrvtest+•.• grams make is Ioat
eeportzc lawvers h,
scena
ll.,n, nd incomr
r , conn,a,+tgmnc Iras,� to htdc+Cndcr ca%c, ;, pen If a dotrres. and a hunch.f-tiling la- ers cb,,C, and pay d,iicrem fee, .n each
.more talc, %JIX).laal t oipuicl protect In he installed If r t,had Thai co,"hination ckc,shcm.I cla%,of lawver,AIClncrncv said.
i.,tnr„-mnc sear,"Yihr Program int.se r. deet too-.wh,a w".idh'i woof.,.. ")k'c had 1,1(XI(cion, caws batt year.
an,! IRIYki m,%drmcannr,, If I pard I;--
6 �'••� ' raw:n_n, case, mnrc man hnr,c t`
IC?Dt",2 tr, t m: t' n
6 n•tn,.r� rr,nlrYIto me 1, 1.11at cane,.
$0 Dears Ago ':.' lost hal, .f in,,ca,c
1 e ,t i i t• .i r ass r ]n addmm"u.mrcc moornc,%, who In
A cape a er rtir tee, ,, I ro
I......r n r Pyr vc n came ^stl,au nnnwuauvc work. he urogram
ca,nrtc of San F,;uu i.co.the,pr„ hr ss it,7A—m,ar co-.a cl
.t J %tentimh in the Ca+e,rat acrd 'I
!C,. ebur m s,s Vaur
-. latt•h Frvoti:cr.Just a amnt "%Vc pr do ov og:mu no
y cute
U
"Nine VQ3fS/; 401.)Inmp Hermno Eppomrr i o l lama -no,, the aoloncv rtnutu, it^' label
f" cmming%,elafged with nbuin- Aiclnernc,. "If a cant he dere by a
t dSS:GnrstentS ComDJt?teCl inc otn_,,.hinder lot%;rmtehses staffrnye%ugauo, u•c have hall n Ju%cu
I'vf'hni)Ily Ipu^.CI{rte k7^71... in c"nncc,iu"with line cal the amus.invrstig.mt roma
Pr6SerV I^A Stickina With h.+<t p,gamic whoa,'tial,PT• A none nI On,CoIno tna•c+ti C2ann
perpmurucd cat de United Storrs, tone,rm,rt the aurrncs"fee,an ts,m-
Ingrrd' - m'ectrrda,lnrecd IIt ask for a Inn,led u,a Iaysuil challc.••mp the %:cat
Kathy'7ancy do 6, ,I 111 the indictments UICCn pirate defender is Foam,
nit file In.,men, TIB San Males protea ako pav% ler
uFat matrracice insurance for all participating
This request vias made It,Judge
Kaley Ianov,cu•auino% Lawlor he Assistant Dku0Ct At. bvv cc
M
tnrney O'Gara uprm behalf rat rat 'llcaolsc we arc mem ,n of Uta Na•
The tntoe,senha(Ser,espeople and was granmd.on the rional Lepal Aid Defender Astoconihn.
v�r gel reduced rates no Inwra.cc."
" vo)rCk rer)Cp. iia Uutf3f3 ground]sal act tvt,c ed in the McInerneyd.The annual rcom+m n
10 wpro rtneesclna" res •t n lint r t.a ......CICU-+Cast case Jud.ren drarnvrd in the )� r
d r,}.,t5 7 6n.Sha t6 1 0 0 1 peal fire of April,14116. about U0.nf%t for coverage of S250,(s91
.. -inn.It.MR per netdens.-1 SS{ltl.(%Xt aggreFatr per
scar
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(o A
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
* Contempts 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(BU,PT,R&S) 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 33
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
"B" 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 2007
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
1� 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.(300's) 47 43 61 52 29 34 26 40 31 27 28 57 475 -
Monthly Totals 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 "D" Cases are civil cases
Revised 8-16-90
?RIVAiE OE=ENOER PROGRAM CASES COUNTS
.OR THE YEAR ENOED JUNE 30, 1991
July Aug. Sect. Cc:. Nov. Oec. Jan. e6,. 4aran Acr;L may Jure .,r arc
1990 1990 i990 1990 1990 1990 1991 i991 1991 1991 1991 1991 Tccais
"A" CASES
' Adccticn 0 0 0 1 0 0 0 0 0 2 i 2
Acoeais 0 1 1 1 0 1 3 0 0
Arraigrme.n.cs 95 64 57 22 iCu 85 86 _AZ 65 is 76 82 9:2
Ccncerucs 1 1 1 1 1 0 1 It 0 3 2 3 15
' Paternity 1 0 0 0 0 0 0 2 i 0 3 4 i1
' Probate 3 7 7 3 i 3 4 7 3 6 0 0 4.
' Military Civil .Relief Ac: 0 0 0 0 0 0 0 1 0 0 0 0 1
859a 74 106 100 7 iC2 59" 112 71, 73 70 1C9 59 1017
writs 0 0 2 1 0 1 0 0 1 .3 0 1 6
Ot,her(3u,PT,RLS, etc.) 17 21 0 7 11 6 9 9 15 14 11 10 130
Mont^Ly Totals 191 200 163 173 215 155 215 159 163 163 203 163 2173
Cunulacive Totals 191 391 559 732 94.71102 1317 1476 1639 1807 2010 2173 2?I)
"5" CASc'S
Lire ups 8 3 4 5 9 7 5 2 5 4 7 4 53
PrCba:icn vioiacions(Suo.C:.) 49 53 67 54 56 36 49 56 46 43 43 54 616
uitress rePresenzaticri 1 0 1 0 0 0 1 1 0 1 1 1 7
1367-64 ?.C.(Su?.C:.) 0 1 3 2 1 0 1 1 4 3 4 3 23
Muni C:. ,_.Cnies 205 23 215 253 209 211 235 2C0 216 255 223 186 2662
Muni C:. rise rear.ers 1381 1475 1187 125. 1170 1097 1241 1160 i296 1257 1,75 1092 1473;
Ct„_r(See s:at S.,—e-:) 3 0 0 0 0 0 0 0 0 0
Mcr.c�%ly Totals 164 7 17:0 1=77 1570 4_5 135' 1531 1,20 154Z 1-38 1463 1340 ;0''S6
Cur;uLative ictais 1647 3413 1.890 5460 7905 9256 10737 1.220' 13765 153:3 16316 18156 131-,i
"C" CASES-LPS
LPS-REGL;.AR 63 62 45 45 51 41 45 (.3 48 53 60 46 6119
• LPS-L;RITS 12 20 2. 25 it 14 11 15 16 21 17 19 2:1
RIESE HEARfNGS 5 7 6 9 6 3 4 11 3 9 7 7 37
n—i mCNS FOR :REHEARING 6 5 5 3 2 7 4 2 5 3 3 49
Mont-Ly ictais 36 94 76 82 70 67 67 73 74 90 87 75 ;46
CLrulative Totals 86 180 256 332 408 47-) 542 527 694 734 871 946 946
110" CASES-Child amt.(3001s)
C.*,ild acet.(3001s) 50 2i 4i 52 32 25 33 33 35 55 30 23 432
366.26 ulC 5 10 2 2 7 0 7 17 10 17 13 i7 107
Monthly Totals 55 33 43 54 39 25 40 50 45 72 43 40 539
Cumulative locals 55 38 131 185 224 249 299 339 384 456 499 539 5399
"E"' CASES .
Regular accts.(602ls) 269 139 118 238 158 143 193 188 229 236 234 222 2367
* Parent accts.(3001s) 43 31 4.4 46 73 35 37 39 39 65 32 34 4.70
Mcnt:4ty Totals 314 170 162 294 181 ?73 2300 72' 260 301 266 756 7937
CLmL azive Totals 314 4,84. 646 930 1111 1299 1519 1746 2014 2315 7531 2937 2237
MONTHLY GRANO iOTALS 2293 2753 1926 2163 1950 1776 2083 1934 2108 2719 7062 1874 7!651
_ _ _ _ _ 24651
CUMULATIVE GRANO TOTALS 2293 4556 6482 8645 10595 12.371 14.'54 16380 18496 20715 22777 24651 24651
* _ "A"l "S", b "E" Type Civil Cases
All "C" and "0" Cases are civil cases
i
PRIVATE DEFENDER PROGRAM CASES COUNTS
1 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,RBS, 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
"8" 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
"B", ° "E" Type Civil Cases
All "C" and "D" Cases are civil cases