TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Erin Cossen, Legal Office Manager
SUBJECT: Approve Budget Amendment
RECOMMENDATION
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Approve a Budget Amendment to increase appropriations in the Conflict Public Defender Budget for indigent defense costs. (Fiscal Impact: $150,000 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 has paid or encumbered $1,231,095 to date for indigent defense services in Fiscal Year 2025-26. The budget for legal services totals $1,250,000. Due to an increase in the number of complex cases and the cost of psychological evaluations, it is projected that an additional $150,000 will be needed to cover the increase in investigative and court-appointed attorney services. Appropriations in Fiscal Year 2025-26 will total $1,400,000.
The General Fund Available Fund Balance is estimated at $10.4 million and will be reduced by $150,000.
Requested Action: Approve budget amendment increasing appropriations by $150,000 for Conflict Public Defender Legal Services (1000-1340000-52140) from $1,250,000 to $1,400,000 from available fund balance.
FISCAL IMPACT
Is there a Fiscal Impact?
Yes
Is it currently budgeted?
No
Where is it budgeted?
Conflict Public Defender (1000-1340000-52140)
Is it Mandatory or Discretionary?
Discretionary
Discretionary Justification:
The Court appoints indigent defense counsel and the County is obligated to pay them...
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