HomeMy WebLinkAboutMINUTES - 04241990 - 2.1 ~TO.: BOARD OF SUPERVISORS
FROM: George Roemer, DirectorY1 ►^
Justice System Programs : N. Contra
a
•_ _
DATE: April 13, 1990 ; ;S Costa
SUBJECT: CONFLICT DEFENSE SERVICES APPROPRIATION ADJUSTMENT tea,.. ' County
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
1. Accept report from the County Administrator on the status of the Contra Costa
County Bar Association's Conflict Defense Program.
2. Approve transfer of $250,000 from Budget Unit 0325 to Budget Unit 0248 for
conflict defense services provided by contract with the Contra Costa County Bar
Association.
3. Director the County Administrator to pursue additional funding for the program.
FINANCIAL IMPACT:
The $250,000 is already budgeted as part of the Final FY 1989-90 Budget.
REASONS FOR RECOMMENDATION/BACKGROUND:
The purpose of the Conflict Defense Services budget is to provide for the legal
defense of indigents in criminal and related cases that the Public Defender cannot
represent because of a conflict of interest. This defense is required by state
statute and case law. Legal representation of indigents in conflict cases is provided
with appointed private attorneys. Prior to fiscal year 1983-84, such counsel had been
appointed directly by a judge. Since July 1, 1984, appointment of counsel has been
made by the Contra Costa County Bar Association under contract with the County. In
addition selected cases require the appointment of counsel directly by the judges
which also represents a mandated County cost.
Projected total caseload for 1989-90 is 2,700 an increase of approximately 400 cases
over last year. In fiscal year 1988-89 the Bar Association completed 2,313 cases,
which included 1 Class I/Capital case and 9 Class II/Homicide cases. In 9 months of
1989-90 the Bar has completed 2,053 cases, including 1 Class I/Capital case and 7
Class II/Homicide cases. This represents an increase of 18% in new caseload over the
same period last fiscal year. This growth in caseload is due to total growth in the
number of cases handled by the Public Defender's Office. The Public Defender opened
25,582 cases last year and will open an estimated 25,950 this year. This represents
a 1.4 percentage increase over last year, which is compounded by the increase in
co-defendants. Increased caseload increases number of cases conflicted; however, the
percentage of cases conflicted has remained approximately the sam As in fiscal year
1988-89, approximately 9% of total cases opened are bein conflicte in 1989-90.
CONTINUED ON ATTACHMENT: X YES Signature: rc
J/
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s)-
APR 2 4 1990
Action of Board on: Approved as Recommended X Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN_
Absent- Abstain Attested: APR 2 4 1990
cc: County Administrator's Office Phil Batchelor, Clerk of
Justice System Programs the Board of Supervisors
Contra Costa Bar Association and County Administrator
By: �� DEPUTY
Page Two
The increased growth in caseload in the Public Defender's Office is attributed by
attorneys to the dramatic increases in drug cases being tried, particularly in Bay
Court. These drug cases often have many co-defendants and the Public Defender can
only represent one defendant per case.
Historically this budget has been underfunded due to increases in number and magnitude
of cases. The cost of this budget unit is based not only on the number of conflict
and court appointed counsel cases, but also on the type and complexity of a case. The
1989-90 contract payment limit was set at $2,000,000, however only $1,752,090 was
budgeted. The average cost per month has been $202,000. The estimated cost for
fiscal year 1989-90 is $2,400,000. The requested $250,000 transfer will need to be
supplemented with approximately $400,000 to totally fund conflict defense services for
the remainder of 1989-90. The County Administrator's Office is currently working on
ways to address the shortfall.