HomeMy WebLinkAboutMINUTES - 03291988 - 1.39 / vl •
To- BOARD OF SUPERVISORS
FROM: Phil Batchelor —0 Costa County Administrator, CJIJJlC1
DATE: March 22 , 1988 CO "*
SUBJECT:
Legislation: . Senate Bill 2327 (Kopp)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in opposition to SB 2327 by Senator Kopp which
would require a county to hold harmless and defend any attorney
appointed by the court to represent a person in a civil action.
BACKGROUND.:
Courts occasionally require that. legal defense be provided for
indigent prisoners who are defendants in civil actions and for
indigent defendants in publicly prosecuted paternity actions.
Senator Kopp has introduced SB 2327 which would impose on
counties the duty to 'treat such attorneys as County employees for
the defense of malpractice claims against them arising from such
representation of indigents. However, counties have no means to
direct the conduct of such attorneys and should not be legally
responsible for defending or indemnifying their errors.
County Counsel recommends that the Board oppose SB 2327 and this
office joins in that recommendation.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
&k/&
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
ACTION OF BOARD ON March 29, 1988 A:"PROVED AS RECOMMENDED )< OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT 1 AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Administrator ATTESTED MAR 2 9 1988
County Counsel
PHIL BATCHELOR, CLERK OF THE BOARD OF
Risk ManagerSUPERVISORS AND COUNTY ADMINISTRATOR
Senator Quentin Kopp
Ralph Heim, Jackson/Barish
BY � 'L��i�iGL�%�� ,DEPUTY
M382/7-83 -