HomeMy WebLinkAboutMINUTES - 06242008 - C.83 =SE_L = Contra
TO: BOARD OF SUPERVISORS i -_
FROM: JOHN CULLEN, County Administrator Costci
DATE: JUNE 13, 2008 °°srA OUN ou County
C
SUBJECT: CONTRACT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR PROVISION OF CRIMINAL CONFLICT DEFENSE SERVICES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a two-year
contract with the Contra Costa County Bar Association in an amount not to exceed
$2,675,000 annually to continue to provide mandated criminal conflict defense and other
legal services for the period July 1, 2008 through June 30, 2010.
FISCAL IMPACT
Costs are budgeted for fiscal year 2008/09 in General Fund Budget Unit 0248 — Conflict
Defense Services, administered by the County Administrator. Provision of conflict defense
services by the Bar Association for fiscal year 2009/10 is contingent upon appropriation of
funds in the 2009/10 Final Budget.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
_{RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN A ION OF BOARD COMMITTEE
--'APPROVE OTHER
r
SIGNATURE(S):
Action of Board or. Approved as Recommended Other
V TE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT 1 AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: JUNE 24,2008
CONTACT: Julie Enea(925)335-1077 JOHN CULLEN,CLERK OF THE BOARD OF
SUPE RVI ORS AND COUNTY ADMINISTRATOR
CC: County Administration(Enea)
David Briggs,CCC Bar Association
910 Court Street,Martinez,CA 94553 BY O I ,DEPUTY
Contract with
Contra Costa County Bar Association
Page 2
June 13, 2008
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Since 1983, the County has contracted with the Contra Costa County Bar Association for
the provision of conflict defense services. The original contract was in response to the
escalating cost of conflict defense services under the old system of court-appointed
counsel. Subsequently, in FY 1991/92, the Public Defender created an Alternate
Defender's Office to handle conflict cases. The cases referred to the Bar Association
generally represent multiple co-defendant cases in which the Alternate Defender's Office
can represent only one co-defendant.
The 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. Additionally, the County is required to pay for legal services in juvenile
immigration cases.
Beginning 2008/09, the contract will not provide for representation in juvenile dependency
cases. The Superior Court notified the County in 2007 that it would no longer be referring
juvenile dependency cases to the County for representation.
CONSEQUENCES OF NEGATIVE ACTION:
Payment of criminal conflict attorney services is a mandated County cost. If the
recommended action is not approved, the contract with the Bar Association will terminate
June 30, 2008. 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. The County will continue to be obligated to pay the Bar for cases previously
assigned to the Bar and still in progress.