HomeMy WebLinkAboutMINUTES - 05241994 - 1.62 Contra
TO: BOARD OF SUPERVISORS g+ 's Costa
FROM: PHIL BATCHELOR County�a...• ~��
County Administrator Tr"`•""
DATE: May 24, 1994
SUBJECT: AMENDMENT TO CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR PROVISION OF CONFLICT DEFENSE SERVICES
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 Bar Association for conflict defense services
extending the contract through June 30, 1998, and setting a payment limit of
$1,750, 000 for fiscal year 1994-95.
FINANCIAL IMPACT:
The costs incurred under this contract in FY 94-95 are anticipated to be
appropriated in the Final Budget. Provision of conflict defense services by
the Bar Association in each year of the contract is contingent upon
appropriation of funds in the Final Budget of each fiscal year. The contract
amendment provides that the fee schedule utilized in FY 1990-91 for new cases
opened that fiscal year will be used for new cases opened during FY 1994-95 .
REASONS FOR RECOMMENDATION/BACKGROUND:
Since 1983 the County has had a contract with the Contra Costa County Bar
Association for the provision of conflict defense services . This contract
was in response to the escalating cost for conflict defense services under
the old system of court-appointed counsel . In FY 1991/92, the Public
Defender created an Alternate Defender's Office in order to handle conflict
cases . This has reduced the annual number of conflict cases r red to the
Bar Association from approximately 2,600 to 600, wh' h is a ecr ase of 77% .
Continued on Attachment:—X— YES Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s) :
L'M
Action of Board on: — Approved as Recommended Other
Vote7AND
of Supervisors : I HEREBY CERTIFY THAT THIS IS A TRUE
CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes : Noes : ) BOARD OF SUPERVISORS ON DATE SHOWN.
Contact: G. Roemer (646-4855) Attested:
cc : CAO-Justice System Programs P 1 Batchelor, Clerk of
Contra Costa County Bar Association the Board of Supervisors
Presiding Judge, Superior Court l Cou Administrator
President, Municipal Court Judges As o
Superior Court Administrator By: , DEPUTY
Municipal Court Administrator
Public Defender
Auditor-Controller
Amendment to Contract with
Contra Costa County Bar Association
Page 2
May 24, 1994
The cases referred to the Bar Association generally represent multiple co-
defendant cases in which the Alternate Defender's Office can only handle one
co-defendant. At the beginning of the current fiscal year, there were 2,585
active conflict cases being handled by the Bar Association. At the end of
March, this number had decreased to 1,495, or a reduction of 43% . Current
year referrals, as mentioned above, to the Bar Association are approximately
50 per month. It is anticipated that many of these active cases will be
closed out next fiscal year so that the total number of active cases will be
further reduced. Actual expenditures under the Bar Association's conflict
defense contract for FY 1992/93 were $3,617, 054 . For the current fiscal
year, estimated expenditures will be $1,900,000. A further reduction is
expected next fiscal year in estimated expenditures . Currently the conflict
program has 5 active capital cases . These are by far the most complex and
costly type of case. When these cases go to trial, it can significantly
affect total program expenditures .
For FY 1994/95, the contract amendment reauthorizes the fee schedule for new
cases to be opened in FY 94/95 that was first implemented in FY 90/91 . That
fee schedule was also in effect for 91/92 and 92/93. For FY 93/94, the Bar
Association voluntarily agreed to go back to the FY 89/90 fee schedule, which
was approximately a 4 .5% reduction. Thus, the amendment to the contract for
next fiscal year utilizes for new cases the fee schedule that went into
effect July 1, 1990 .
CONSEQUENCES OF NEGATIVE ACTION:
If the recommended action is not approved, the contract with the Bar
Association will terminate June 30, 1994 . 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. An estimated 1,400 active cases and approximately
600 new cases per year will be referred to the courts for appointment of
defense counsel . Payment of conflict attorney services is a mandated County
cost.