TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Douglas Parker, Deputy County Counsel
SUBJECT: Conflict Public Defender Agreement
RECOMMENDATION
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Approve and authorize Agreement No. 250045B with Brittany Armstrong Whittington to provide Conflict Public Defender services. (Fiscal impact: $142,440 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). For many years, the Napa County has provided CPD services through a panel of attorneys individually contracted with the County.
The County currently has agreements in place with a panel of six criminal defense attorneys who serve as Conflict Public Defenders (CPDs). This includes five CPDs who are primarily devoted to adult defense services and one CPD who is primarily devoted to juvenile defense services.
One member of the panel, Douglas Skelton, submitted a notice of non-renewal effective June 30, 2024. A Request for Qualifications was issued on May 7, 2024 and Brittany Armstrong Whittington was selected as the result of that process. Ms. Whittington has 8 years’ experience as a prosecutor and criminal defense attorney, has tried more than 50 jury trials, and is well-qualified to represent indigent defendants in Napa County.
Ms. Whittington’s firm has its principal office in Fairfield. She is well-known and well-respected by the bench of the Napa County Superior Court. Ms. Whittington will maintain office space in the City of Napa where clients can meet with her.
Staff requests and recommends that the Board authorize execution of the agreement with Brittany Armstrong Whittington.
Requested Action:
Approve and authorize Agreement No. 250045B with Brittany Armstrong Whittington to provide Conflict Public Defender services for a maximum base compensation of $11,870 per month or $142,440 per year, effective July 1, 2024.
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 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The County has a legal duty to provide criminal defense services to indigents when the Public Defender has a conflict of interest. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Future fiscal impact will be determined annually based on the number of murder cases handled by each Conflict Public Defender, which triggers the need for additional monthly compensation, and will be budgeted accordingly. |
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Consequences if not approved: |
If the agreement is not approved, the County may be unable to carry out its legal duty. |
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.