HomeMy WebLinkAboutMINUTES - 06271995 - C72 I- -q
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TO: BOARD OF SUPERVISORS
Costa
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PROM: PHIL BATCHELOR �•�o- �;�' County
County Administrator
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DATE: June 13, 1995
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:
1 Authorize the County Administrator or his designee to execute a contract
amendment with the Contra Costa Bar Association, setting a payment limit
of $1,490,000 for fiscal year 1995-96, to provide for continued conflict
defense services during that period.
2 . Direct County Administrator to work with the Conflict Defense Program to
explore more cost effective alternatives of delivering conflict defense
services, particularly in the areas of capital and murder cases and
dependency cases .
FINANCIAL IMPACT:
The costs incurred under this contract in FY 1995-96 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 continue to be used for new cases opened during
FY 1995-96 .
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
Continued on. Attachment:—X— YES Signature: �a - , - ,
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s) :
Action of Board on: Approved as Recommended Other
Vote of Supervisors : I HEREBY CERTIFY THAT THIS IS A TRUE
AND 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 Laj Batchelor, Clerk of
Contra Costa County Bar Association the Board of Supervisors
Presiding Judge, Superior Court and County Administrator
President, Municipal Court Judges Assoc.
Superior Court Administrator By: , DEPUTY
Municipal Court Administrator
Public Defender
Auditor-Controller
i
Amendment to Contract with
Contra Costa County Bar Association
for Provision of Conflict Defense Services
Page 2
June 13, 1995
Defender created an Alternate Defender' s Office in order to handle conflict
cases . This has reduced the annual number of conflict cases referred to the
Bar Association from approximately 2 ,600 to 600 which is a decrease of 77% .
Referrals to the Conflict Defense Program have stabilized at approximately 50
per month or 600 per year.
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. 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 are $1,639 ,000 . This is reflected in the
contract payment limit.
For FY 1994-95, the contract amendment reauthorized the fee schedule for new
cases to be opened in FY 1994-95 that was first implemented in FY 1990-91 .
That fee schedule was also in effect for 1991-92 and 1992-93 . For FY 1993-
94 , the Bar Association voluntarily agreed to go back to the FY 1989-90 fee
schedule, which was approximately a 4 . 5% reduction. The amendment to the
contract for next fiscal year utilizes for new cases the fee schedule that
went into effect July 1, 1990 .
The cost for conflict defense services in dependency cases continues to be
high. For example, for the first ten months of the current fiscal year
$333, 692 were spent on such cases, which represents 26% of the total conflict
defense expenditures for that period. The nature of such cases often means
that a number of attorneys are involved representing the various parties .
The cost for murder and capital cases varies depending on the number of such
cases . Although currently the Conflict Defense Program has a small number of
such cases, these are high cost cases when they occur. Thus, for murder and
capital cases and dependency cases it is important to see if other more cost
efficient ways of providing counsel are available.
CONSEQUENCES OF NEGATIVE ACTION:
If the recommended action is not approved, the contract with the Bar
Association will terminate June 30, 1995 . 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 cont=ract. An estimated 1,500 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.