Agenda

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C.124

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	June 16, 2015

Contra

Costa

County

Subject:

AMENDMENT TO CONTRACT WITH CONTRA COSTA BAR FOR CRIMINAL CONFLICT DEFENSE SERVICES

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/16/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Federal D. Glover, District V Supervisor

Contact:

Timothy Ewell, 925-335-1036

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: June 16, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

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 $120,000 to a new payment limit of $3,770,000 for the continued provision of criminal conflict defense services with no change to the term July 1, 2014 through June 30, 2015.

FISCAL IMPACT:

100% County General Fund.

BACKGROUND:

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.

BACKGROUND: (CONT'D)

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 of conflict by the Public Defender and the Alternate Defender. In prior years, the contract also provided for legal representation in juvenile dependency cases. County-provided juvenile dependency services were terminated by the Superior Court in July 2008.

The current contract with the Bar Association covers the two-year period of July 1, 2013 through June 30, 2015 with payment limits of $3,500,000 for each fiscal year 2013/14 and 2014/15. The proposed contract amendment will increase the payment limit by an additional $120,000 to reflect costs associated with increased attorney caseloads referred by the Public Defender or Alternate Defender for the fiscal year 2014/15 contract period only. The Board previously approved an amendment increasing the payment limit by $150,000 bringing the total contract amount for FY 2014/15 to $3,770,000.

CONSEQUENCE 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 the County will remain obligated to pay the Bar for cases assigned and still in progress. The appointment and payment of private attorneys for new 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 with the County fiscal responsible for all costs involved.

CHILDREN'S IMPACT STATEMENT:

No impact.