Action 7.
Regular Board of Supervisors Meeting
Indigent Defense
- Meeting Date:
- 10/25/2022
- Title:
- Approve Compensation Fee Increase for Contract Defense Attorneys
- Submitted By:
- Stephanie DeCastro, Indigent Defense
- Department:
- Indigent Defense
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Sharon Gilman
TITLE
of PRESENTER:
of PRESENTER:
Deputy County Administrator
Mandated Function?:
Local Mandate or Policy
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Admin Order No. 2022-018
Docket Number (If applicable):
Information
Agenda Item Text:
Approve the compensation schedule fee increase for contract defense attorneys through the Indigent Defense Coordinator, effective October 1, 2022.
Background:
The Indigent Defense Coordinator (IDC) sets forth compensation fees for contract defense attorneys performing indigent defense services for Cochise County.
The compensation schedule fee increases would be effective October 1, 2022, for certain types of cases contracted through IDC. IDC believes that a professional services fee increase is appropriate to attract more counsel to contract through Cochise County and stay competitive in the current market. The current rates do not attract enough attorneys due to surrounding counties offering higher compensation rates.
The IDC department currently has a sufficient budget to cover this fee increase. There is a potential for a budget amendment later in the fiscal year should serious felony case assignments with trial expenses rise beyond projections.
The compensation schedule fee increases would be effective October 1, 2022, for certain types of cases contracted through IDC. IDC believes that a professional services fee increase is appropriate to attract more counsel to contract through Cochise County and stay competitive in the current market. The current rates do not attract enough attorneys due to surrounding counties offering higher compensation rates.
The IDC department currently has a sufficient budget to cover this fee increase. There is a potential for a budget amendment later in the fiscal year should serious felony case assignments with trial expenses rise beyond projections.
Department's Next Steps (if approved):
If approved, IDC will provide the new rates to current and future attorneys in accordance with the contract compensation schedule as of October 1, 2022.
Impact of NOT Approving/Alternatives:
If not approved, IDC will reimburse attorneys for time and expenses based on the current compensation schedule. Contract attorneys will continue to refuse Cochise County cases due to the less competitive rates, contributing to backlogs in the court system due to a lack of defense representation.
To BOS Staff: Document Disposition/Follow-Up:
If approved, please return the approved Compensation Schedule to Stephanie DeCastro, Administrative Manager at the IDC Department.
Fiscal Impact
- Fiscal Year:
- 2022
Fiscal Impact & Funding Sources (if known):
Currently, IDC has $532,527 total remaining between the various defense case types. This increase will be managed within this amount, however, the budget is dependent on the number of cases sent to contract attorneys, which is an unknown variable. We will be keeping a close eye to manage these funds effectively.