TO: Board of Supervisors
FROM: Sheryl D. 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: $100,000 Expense; General Fund; Not Budgeted; 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 $2,055,808 to date for indigent defense services in fiscal year 2025-26. The current appropriation for legal services is $2,100,000. Due to an increase in the number of mental health diversions, number of complex cases and the cost of psychological evaluations, it is projected that an additional $100,000 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 $2,202,500 for fiscal year 2025-26.
Requested Action:
Approve a budget amendment increasing appropriations by $100,000 for Conflict Public Defender Legal Services (1000-1340000-52140) from $2,100,000 to $2,200,000 offset by the use of General Fund available fund balance.
FISCAL IMPACT
Is there a Fiscal Impact?
Yes
Is it currently budgeted?
No
Is it Mandatory or Discretionary?
Mandatory
Discretionary Justification:
The Court appoints indigent defens...
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