TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Erin Cossen, Legal Office Manager
SUBJECT: Budget Amendment for Conflict Public Defender
RECOMMENDATION
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Approve a Budget Amendment to increase appropriations in the Conflict Public Defender Budget for indigent defense costs. (Fiscal Impact: $600,000 Expense; Not Budgeted; General Fund; Mandatory)
[4/5 vote required]
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BACKGROUND
The Public Defender provides legal representation to persons charged with a criminal offense or certain other offenses involving liberty interests who are financially unable to pay for private legal assistance. When the Public Defender is unable to represent a client due to a conflict of interest, the case is handled by attorneys assigned as Conflict Public Defenders (CPDs). For many years, the County of Napa has provided CPD services through a panel of attorneys individually contracted with the County.
The Conflict Public Defender budget is supported by the General Fund and has paid or encumbered $1,277,849 to date for indigent defense services in fiscal year 2025-26. The current appropriation for legal services is $1,400,000. Due to an increase in the compensation for the Conflict Public Defender contracts, number of complex cases and the cost of psychological evaluations, it is projected that an additional $600,000 will be needed to cover the increase in investigative and court-appointed attorney services. After this request, including all other expenditures, the appropriations for the Conflict Public Defender will total $2,002,500 for fiscal year 2025-26.
Requested Action: Approve a budget amendment increasing appropriations by $600,000 for Conflict Public Defender Legal Services (1000-1340000-52140) from $1,400,000 to $2,000,000 offset by the use of General Fund available fund balance.
FISCAL IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Mandatory |
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Discretionary Justification: |
The Court appoints indigent defense counsel and the County is obligated to pay them. Appropriation authority is needed to cover the cost of services provided. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
This budget increase applies to fiscal year 2025-26 only. Future appropriations will be budgeted accordingly as part of the annual budget process. |
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Consequences if not approved: |
The Conflict Public Defender budget will be unable to pay claims from investigators, experts and attorneys for their services as appointed by Napa Superior Court. |
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Additional Information: |
Strategic Initiative: Build Healthy, Connected Communities |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.