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TO: BOARD OF SUPERVISORS a
FROM: PHIL BATCHELOR Contra
County Administrator Costa
DATE: May 12, 1986 County
SUBJECT: AMENDMENT TO CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR CONFLICT DEFENSE SERVICES
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the County Administrator or his designee to execute a contract amendment with the
Contra Costa County Bar Association for conflict defense services to increase the payment
limit to $990,000 for fiscal year 1985/86.
FINANCIAL IMPACT:
No additional funds need to be appropriated at this time in Budget Unit 0248. Funds are
included in the approved budget for 1985/86 to cover the costs. of the Bar contract and any
remaining orders for attorneys' payment for conflict cases initiated before the first
contract became effective in 1984/85. The 1985/86 approved budget for Budget Unit 0248 is
$1,199,500. Of this, approximately 75 percent ($890,000) was encumbered in the County's
contract with the Bar Association for 1985/86. This percentage was based on an a priori
estimate of the cost split and was developed at the time the budget was adopted.
Projections based on current experience indicate that the Bar Association will require more
than budgeted and the court-appointed payments will require less. According to projections
developed by the Contra Costa County Bar Association staff, the $100,000 augmentation
should be sufficient to meet that program's needs for the rest of the fiscal year.
Estimates based on nine months of court-appointed expenditures indicate that court-approved
payments will be underspent by approximately the same amount.
It should be noted that costs in this budget unit are very volatile and can be greatly
affected by unanticipated payment of one or more complicated cases.
REASONS FOR RECOMMENDATIONS/BACKGROUND:
In 1983, your Board became very concerned about controlling the escalating costs of
court-appointed counsel in conflict cases. As directed by your Board, the County
Administrator's Office organized a task force which recommended that the County contract
with the Contra Costa County Bar Association for conflict defense services. A contract was
executed for 1984/85.
The current contract with the Bar Association is operative until September 30, 1987 and
continues the current fee schedule until that time. The cooperation of the Contra Costa
County Bar Association and its Conflict Program Administrator have been critical to the
County's ability to contain costs where possible, while guaranteeing constitutional
representation of indigents in conflict cases.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: ���
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVIS RS ON THE
^�DATE SHOWN.
CC: CAO ,Justice System Programs ATTESTED v�CJ v
CCC Bar Assoc. I _. ii Batchelor, Clerk of the Board of
Attn: Conflict Program Administrator Supervisors and County Administrator
A
M382/7-83 BY DEPUTY
Amend Contract w/CCC Bar Assoc. Page 2
CONSEQUENCES OF NEGATIVE ACTION:
After the contract payment limit is reached, appointment and payment of private attorneys
for conflict cases will revert to the method used before the 1984 contract and become a
responsibility of the judges again.