HomeMy WebLinkAboutMINUTES - 05152001 - C.52 TO: BOARD OF SUPERVISORS Contra
o ` ._ < Costa
FROM: JOHN SWEENTEN County
Administrator ,
DATE: May 15, 2001
SUBJECT: CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR PROVISION OF CRIMINAL CONFLICT DEFENSE SERVICES
Specific Request(s)or Recommendation(s) & Background &Justification
RECOMMENDATIONS:
APPROVE the County Administrator, or designee,to execute a contract with the Contra Costa County
Bar Association, for the period July 1, 2001 through June 30, 2002, and setting a payment limit not to
exceed $1,050,000, to provide for continued mandated criminal conflict defense services.
FINANCIAL IMPACT:
The costs incurred under this contract in FY 2001-2002 are anticipated to be appropriated in the Final
Budget and will be included in.the County Administrator's Proposed 2001-2002 Budget. Provision of
criminal conflict defense services by the Bar Association is contingent upon appropriation of funds in the
Final Budget.
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.
Continued on Attachment: — X — YES Signature:
— Recommendation of County Administrator
— Recommendation of Board Committee
Approve Other
Signature(s):
Action of Bo on: O I Approved as Recommended X, 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:/ CPO 0
cc:CAO-Justice System Programs Joh Sweeten, Clerk of
Contra Costa County Bar Association the Board of Supervisors
Presiding Judge, Superior Court and County Administrator
Executive Officer, Superior Court
Public Defender By: , DEPUTY
Auditor-Controller
Amendment to Contract with
Contra Costa County Bar Association
for Provision of Conflict Defense Services
Page 2
May 15, 2001
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 was $3,617,054. For the current fiscal year,
estimated expenditures are $1,050,000.
It should be noted that for FY 2001/2002, the County's contract with the Bar Association for conflict
defense services includes only the costs associated with representing criminal and delinquency cases
referred to the Bar Association through a written affidavit conflict by the Public Defender and the
Alternate Defender. It does not include provision for costs of representation of dependency cases.
These cases have been excluded from the County's contracts because the Lockyer-Isenberg Trial Court
Funding Act of 1997 places the responsibility for payment of costs associated with such cases within the
Courts' State Trial Court Funding budget. It is no longer a County financial obligation.
CONSEQUENCES OF NEGATIVE ACTION:
If the recommended action is not approved, the contract with the Bar Association will terminate June 30,
2001. 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. All active and new criminal and delinquency conflict cases will be referred to the courts for
appointment of defense counsel. Payment of criminal conflict attorney services is a mandated County
cost.