Approve new three-year contracts with Conflict Indigent Defense Panel attorneys for the period July 1, 2026 - June 30, 2029 at an initial monthly compensation rate of $15,820. (General fund impact $1,417,200) (Pogledich)

Approve new three-year contracts with Conflict Indigent Defense Panel attorneys for the period July 1, 2026 - June 30, 2029 at an initial monthly compensation rate of $15,820.

This item seeks Board approval of new three-year contracts with conflict indigent defense panel ("Panel") attorneys. Some background is provided in Section A, followed by a discussion of the general terms of the contracts in Section B. This staff report concludes by discussing (in Section C) additional terms specific to the Panel's work in the People v. Jack Y. Lee case arising from the Oakdale Fire, including additional compensation.

A.  Background.

State law requires the County to provide representation for indigent defendants in misdemeanor and felony criminal trials and related proceedings.  The Office of the Public Defender handles most such work, but at times the Public Defender is unable to handle particular matters due to a conflict of interest (such as in multi-defendant cases) or other reasons.  In such instances, the Court will appoint a private practice attorney to provide representation at the County's cost.

To control such costs, the County has long (at least 40 years) contracted with a panel of local attorneys to provide conflict indigent defense services at a flat monthly rate (the "Panel"). The Panel currently consists of five attorney positions staffed by filled by six experienced attorneys (two of which split a Panel position) that handle felony and misdemeanor matters regularly plus a separate attorney (not included in this Board item) that handles misdemeanor appeals, habeas petitions filed under the Racial Justice Act, and other minor matters at an hourly rate on an as-needed basis. One of the attorneys also serves as the panel administrator, with responsibility for monitoring case assignments and handling other tasks essential to panel operations for a stipend of $2,000/month on top of the monthly rate for services.

B.  Terms of the New Three-Year Contracts.

The proposed new three-year contracts are similar in most respects to the existing Panel contracts. The agreement template is included as Attachment A. Key changes include the following:

Like the existing Panel agreements, the updated agreements will maintain:

The Panel administrator contract will also include language on the scope of such services (see Att. B), which will include the preparation of “panel procedures” for ongoing matters such as, by way of example, cases with defendants that may be eligible for Mental Health Court or Addiction Intervention Court. The goal of this requirement is to ensure a common understanding among panel attorneys of how such matters should be handled. When requested by the County Counsel, the panel administrator will collaborate with other panel attorneys to prepare written procedures addressing specific topics.   

Lastly, at any point during the three-year contract term, the County can initiate a competitive solicitation process or otherwise evaluate alternative methods of providing conflict indigent defense services (e.g., a second Public Defender office, similar to certain other California counties). The panel attorneys are aware of the possibility that the County may explore one or both of these options during the contract term.

If authorized by the Board, the Office of the County Counsel will finalize the template with each attorney prior to the expiration of the current agreements on June 30, 2026. The panel administrator agreement will be identical to the other agreements aside from the inclusion of the additional scope of services language in Attachment B and the monthly stipend amount mentioned above. The Office will also present a new contract on misdemeanor appeals in the near future.

C.  Additional Terms for the Oakdale Fire Defense Counsel Appointment. 

With the Public Defender already representing a defendant in the Oakdale Fire criminal actions, the Court recently appointed two Panel attorneys to represent a second defendant (Jack Y. Lee). This Office negotiated terms for the appointment with the Panel attorneys, ultimately settling on the following (reflected largely in Section IV.1 of the agreement):

The additional annual costs associated with the Lee compensation incentives are slightly more than $500,000, with additional expenses as needed to cover experts, investigators, and other services essential to a legally adequate defense. While substantial, the service expectations are closely aligned with those expressed by the Public Defender in connection with their defendant (Tollefson) in the Oakdale Fire criminal actions and this Office believes the Court would have ordered substantially the same compensation if the County and Panel had failed to agree.

Conclusion

For the reasons set forth above, the Office of the County Counsel recommends that the Board authorize new three-year agreements (based on the template included as Att. A) with attorneys that will serve on the conflict indigent defense panel. The template will be modified in minor respects for some attorneys, including the Panel Administrator (to add terms specific to her oversight role based on Att. B). The agreement for the new juvenile attorney mentioned in Section B will not include any Lee provisions (including but not limited to compensation), as that attorney will not provide services in Lee.  

CAO

Not applicable.