Loading...
HomeMy WebLinkAboutMINUTES - 05061997 - C80 sE..t Contra Costa TO: BOARD OF SUPERVISORS FROM: PHIL BATCHELOR �"� ,.•�,�"'4 County County Administrator DATE: May 6 , 1997 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 4 with the Contra Costa Bar Association, extending the contract through June 30, 1998, and setting a payment limit not to exceed $1,490,000 for fiscal year 1997-98, to provide for continued mandated conflict defense services during that period. FINANCIAL IMPACT: The costs incurred under this contract in FY 1997-98 are anticipated to be appropriated in the Final Budget and will be included in the County Administrator' s Proposed 1997-98 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 1996-97 for new cases opened that fiscal year will continue to be used for new cases opened during FY 1997-98 . 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 ata roximately 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: 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 (335-1055) Attested.- cc: ttested:cc: CAO-Justice System Programs Phil B tche or, Clerk of Contra Costa County Bar Association the Board of Supervisors Presiding Judge, Coordinated and County. Administrator Trial Courts ` Executive Officer, Coordinated By: , DEPUTY Trial Courts Public Defender Auditor-Controller O,go Amendment to Contract with Contra Costa County Bar Association for Provision of Conflict Defense Services Page 2 May 6, 1997 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. Amendment number 4 continues that fee schedule for FY 1997-98 . 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 $379,733 were spent on such cases, which represents 37% 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, 1997 . 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 criminal and delinquency cases per year will be referred to the courts for appointment of defense counsel . Payment of conflict attorney services is a mandated County cost.