HomeMy WebLinkAboutMINUTES - 05211996 - C59 9
........... Contra
TO: BOARD OF SUPERVISORS
Costa
FROM: PHIL BATCHELOR �`�., ;•��` County
County Administrator °rr;•�.�ri
r
DATE: May 21, 1996
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 number 3 with the Contra Costa Bar Association, setting a payment
limit not to exceed $1,490, 000 for fiscal year 1996-97, to provide for
continued conflict defense services during that period.
FINANCIAL IMPACT:
The costs incurred under this contract in FY 1996-97 are anticipated to be
appropriated in the Final Budget and are included in the County
Administrator' s Proposed 1996-97 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 1996-97 .
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 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.
Continued on Attachment: X YES Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s) :
Action of Board on: o Approved as Recommended—XOther
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: 222941__ �24 j 1794
cc: CAO-Justice System Programs Phil atchelor, 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
Amendment to Contract with
Contra Costa County Bar Association
for Provision of Conflict Defense Services
Page 2
May 21, 1996
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 $1,490,000. This is reflected in the
contract payment limit. For FY 1995-96, the contract amendment provided that
the fee schedule utilized in FY 1990-91 for new cases opened in that fiscal
year would continue to be used for new cases opened in FY 1995-96 . Amendment
number 3 to the contract for FY 1996-97 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 nine months of the current fiscal year
$318,667 were spent on such cases, which represents 30% 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, 1996 . 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 1,500 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.