TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Douglas Parker, Deputy County Counsel
SUBJECT: Conflict Public Defender Agreement Amendments
RECOMMENDATION
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Approve and authorize six amendments to Conflict Public Defender services agreements. (Fiscal impact: $263,098 Expense; General Fund; Budgeted; Discretionary).
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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). Napa County has provided CPD services for years through a panel of attorneys individually contracted with the County. The panel consists of five CPDs who are primarily devoted to adult defense services and one CPD who is primarily devoted to juvenile defense services.
County staff released a Request for Qualifications on March 12, 2021 based on the assumption that each CPD would be assigned a half-time caseload. In June of 2024 staff conducted a review of the average caseloads for the CPDs and it indicated that each are regularly assigned a full-time caseload when compared to the felony caseloads in the Public Defender’s Office. To provide adequate criminal defense to indigent defendants whose cases are assigned to the CPDs, Staff determined that compensation under the agreements should be adjusted to reflect the full-time caseloads. The base compensation under the Agreements is being increased from $11,870 per month to $15,170 per month for Fiscal Year 2024-2025. For Fiscal Year 2025-2026 the base compensation will increase to $19,187 monthly, which is equal to the salary for an Attorney IV in the Public Defender’s Office.
The Agreement with Lance Hafenstein includes extra compensation for support staff to assist with CPD Coordinator duties. That extra compensation also is being adjusted to reflect a full-time work assignment comparable to the salary for a Legal Secretary II and results in an increase of $6,636 per month for CPD Coordinator compensation.
The hourly rate for investigators has not changed in at least ten years, which is impacting the CPDs’ ability to hire defense investigators. The hourly rate for investigators is being increased from $45 per $65 per hour for Fiscal Year 2024-2025 and $85 per hour in Fiscal Year 2025-2026, which is consistent with the hourly rate paid to defense investigators in neighboring counties.
These agreements were all included in the Fiscal Year 2024-25 budget. However, the increases being approved today were not included in the budget. At the mid-year, staff will review the financial status of the Conflict Public Defender to determine whether a budget amendment may be needed at that time.
The total cost for these agreements in Fiscal Year 2024-2025 is $1,147,834. The budget for the Conflict Public Defender may need to be adjusted to provide representation as part of the recent homicide cases.
Requested Action: Approve and authorize amendments to the following agreements related to Conflict Public Defender Services increasing the maximum compensation and adjusting the hourly rate for investigators for the term of August 1, 2024 through June 30, 2025: Amendments to agreement with Lance Hafenstein for a maximum base compensation amount of $254,134; Amendment to agreement with Rashaan Jones for a maximum base compensation amount of $178,740; Amendment to agreement with Beckman & Chikhani LLP for a maximum base compensation amount of $178,740; Amendment to agreement with Brittany S. Armstrong Whittington for a maximum base compensation amount of $178,740; Amendment to agreement with Michael Keeley for a maximum base compensation amount of $178,740; and Amendment to agreement with Allison Wilensky for a maximum base compensation amount of $178,740.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Conflict Public Defender 13400-00 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The amendments increase compensation for CPDs and allow them to provide criminal defense to indigent defendants at the same level of service that is provided by the Public Defender’s Office. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Funds will be appropriated in future fiscal years, as needed. |
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Consequences if not approved: |
If these amendments are not approved, the Conflict Public Defender panel will have an increasing problem finding attorneys who are willing to carry a full-time caseload for half-time compensation. The County would be unable to carry out its legal duty to furnish criminal defense services to indigents where the Public Defender has a conflict of interest. |
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.