HomeMy WebLinkAboutMINUTES - 06231992 - 1.64 t
TO: BOARD OF .SUPERVISORS
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FROM: PHIL BATCHELORContra'
County Administrator
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DATE: June 17, 1992
County
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SUBJECT: AMENDMENT TO CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR CONFLICT DEFENSE SERVICES THROUGH JUNE 30, 1993
Specific Request(s) or Recommendation(s) & Background & Justification
RECOMMENDATIONS:
Authorize the County Administrator or his designee to execute a contract
amendment with the Contra Costa County Bar Association for mandated conflict
defense services, setting the payment limit at $3 ,050,000 for fiscal year
1992-93 .
FINANCIAL IMPACT:
Funds are budgeted in the currently approved Proposed Budget for FY 1992-93 .
The contract amendment provides for setting a payment limit of $3 ,050, 000 for
fiscal year 1992-93 as budgeted in the Proposed Budget. The current fee
schedule will remain in effect. It is the same fee schedule that went into
effect on July 1, 1990 . FY 1992-93 would be the third year of no change in
this fee schedule.
REASONS FOR RECOMMENDATION/BACKGROUND:
FY 1991-92 represents the last year of the County' s multi-year contract with
the Bar Association. Service beyond June 30, 1992 requires Board approval of
the above recommendation. In accordance with the direction of your Board to
explore ways of reducing the costs for conflict defense, the County
Administrator' s Office has authorized the Public Defender to proceed with an
alternate defense unit within the Office. Recent changes in caselaw have
altered what is considered a conflict case. This has allowed the Public
Defender to establish an alternative defense unit which is now handling those
conflict dependency cases (W&I Code 300) which formerly were referred to the
Bar Association' s conflict program, as well as certain juvenile delinquency
cases (W&I Code 602) . As these and other types of conflict cases are
increasingly handled within the Public Defender' s Office, the number of cases
referred to outside attorneys will decrease along with the greater associated
cost. However, in order to maintain the alternate fens it on a sound
Continued on Attachment: YES Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s) :
Action of Board on: �9 Approved as Recommended- -Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
XAND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: ) BOARD OF SUPERVISORS ON DATE SHOWN.
Attested: gyz, a, a 3 99 2'
cc: CAO-Justice System Programs P41 Batchelor, Clerk of
C.C.C. Bar Association the Board of Supervisors
(Conflict Program) and County Administrator
Auditor-Controller
By:
DEPUTY
Bar Association Contract Amendment
Page 2
June 17, 1992
fiscal and legal basis, it is important to move in an orderly manner in
handling increasing numbers and types of cases. Thus, the amount of first
year cost reduction will be limited. Although cases referred to the Bar
Association should decrease as the Public Defender' s alternate defense unit
handles an increasing number of cases, the Bar Association still is incurring
costs to represent previously referred cases. These cases must be closed out
before significant cost savings will occur.
CONSEQUENCES OF NEGATIVE ACTION:
If the recommended action is not approved, payments to the Bar Association
cannot be made in 1992-93 . The appointment and payment of private attorneys
for conflict cases will revert to the court-appointed method used prior to
the Bar Association contract. The 4,200 plus active cases and all new cases
will be referred to the courts for appointment of defense counsel, at
probably increased costs to the County.