HomeMy WebLinkAboutMINUTES - 06032008 - C.78 7�
TO: BOARD OF SUPERVISORS Contra,;`•_•=�-; `'�=�__�`:,.
FROM: JOHN CULLEN, County Administrator Costa
DATE: JUNE 3"r 2008
' = County
SUBJECT: CONTRACT AMENDMENT WITH CONTRA COSTA COUNTY BAR ASSOCIATION
FOR LEGAL REPRESENTATION OF INDIGENTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with the
Contra Costa County Bar Association to increase the payment limit by$550,000 to a new payment limit of S3,725,000
to provide mandated legal services for the period July 1, 2007 through June 30, 2008.
FISCAL IMPACT
100°% General Fund
BACKGROUND
The continued increase in the number of homicide and multiple defendant homicide cases has resulted in the need for
a second contract amendment increasing the payment limit of this contract to remain in compliance with the State
mandate to provide legal services to indigents. The aggregate payment limit increase frorn the two contract
amendments will be$1,650,000 above the original-contract payment limit of$2,075,000.
Since 1983, the County has contracted with the Contra Costa County Bar Association for legal representation of
indigents. 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 in which the Alternate Defender's Office can only handle one co-defend nt.
CONTINUED ON ATTACHMENT: N YES SIGNATURE:
® RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION/OF BOARD COMMITTEE
® APPROVE OTHER
SIGNATURE(S):
ACTION OF BO R ON �-pO
APPROVED AS ECOMMENDED AOTHER ❑
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
n �( CORRECT COPY OF AN ACTION TAKEN AND
X UNANIMOUS (ABSENT `l/�� ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: "
Contact: TIM EWELL(5-1036) JOHN CULLEN, CLERK OF THE BOARD OF
SUPERVIS RS AND COUNTY ADMINISTRATOR
cc: CAO(DRISCOLL, ENEA, EWELL)
AUDITOR-CONTROLLER BY tY
Page 2'
Contract Amendment with
Contra Costa County Bar Association
Page 2
June 3'd, 2008
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 has historically paid
for legal services in juvenile immigration, Guardian Ad Liteni, probate. guardianship, and conservatorship
cases.
The contract does not. provide for costs of representation in dependency cases. These cases have been
excluded from the County's contract since the Lockyer-Isenberg Trial Court Funding Act of 1997, which
placed the responsibility for costs associated with such cases with the Court.
CONSEQUENCES OF NEGATIVE ACTION:
Payment of criminal conflict attorney services is a mandated County cost. If the recommended action is
not approved, the originally approved payment limit will be paid in full prior to the contract expiration
date. 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.