HomeMy WebLinkAboutMINUTES - 02052008 - C.46 tE--•I'..Off,
TO BOARD OF SUPERVISORS Contra
FROM: JOHN CULLEN, County Administrator -- -
Costa
DATE: JANUARY 22, 2008 Y
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SUBJECT: CONTRACT AMENDMENT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR LEGAL REPRESENTATION OF INDIGENTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment
with the Contra Costa County Bar Association to increase the payment limit by $1,100,000 to a new
payment limit of$3,175,000 to provide mandated legal services for the period July 1, 2007 through June 30,
2008.
FISCAL IMPACT
100% General Fund
BACKGROUND
An increase in the number of homicide cases and the number of multiple defendant homicide cases has
resulted in the need for an increase in the payment limit of this contract in order to remain in compliance
with the State mandate to provide legal services to indigents.
Since 1983, the County has contracted with the Contra Costa County Bar Association for legal
representation of indigents. The original contract was in response to the escalating cost of conflict defense
services under the old system of court-appointed counsel. Subsequently, in FY 1991-92, the Public
Defender created an Alternate Defender's office to handle conflict cases in which the Alternate Defender's
Office can only handle one co-defendant.
CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE:
[RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMME6D TION OF BOARD COMMITTEE
[APPROVEOTHER
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SIGNATURE(S):
ACTION OF 1301!R ON ]jCd2t2,Aj � g��
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
_J,,UNANIMOUS (ABSENT ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES:
SUPERVISORS THE DATE SHOWN.
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ABSENT: ABSTAIN: ATTESTED: J �'�
Contact: JULIE ENEA(925) 335-1077 JOHN CULLEN, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY DMINISTRATOR
cc: CAO (EWELL)
By: `�� Deputy
1
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Contract Amendment with
Contra Costa County Bar Association
Page 2
January 22, 2008
The contract with the Bar Association for conflict defense services includes only the costs associated with
representing criminal and delinquency cases referred to the Bar Association through a written affidavit
conflict by the Public Defender and the Alternate Defender. Additionally, the County has historically paid
for legal services in juvenile immigration, Guardian Ad Litem, probate guardianship, and conservatorship
cases.
The contract does not provide for costs of representation in dependency cases. These cases have been
excluded from the County's contract since the Lockyer-Isenberg Trial Court Funding Act of 1997, which
placed the responsibility for costs associated with such cases with the Court.
CONSEQUENCES OF NEGATIVE ACTION:
Payment of criminal conflict attorney services is a mandated County cost. If the recommended action is
not approved, the originally approved payment limit will be paid in full prior to the contract expiration
date. The appointment and payment of private attorneys for conflict cases that cannot be handled by the
Alternate Defender's Office will revert to the court-appointed method used prior to the Bar Association
contract. All active and new criminal and delinquency conflict cases will be referred to the courts for
appointment of defense counsel.