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Consent-General Government # 12.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Approve a request by certain indigent defense (conflicts) panel attorneys for additional compensation in People v. Hernandez and People v. Sandeno due to anticipated trial length. (General fund impact $97,500) (Pogledich) |
| Recommended Action |
| Approve a request by certain indigent defense (conflicts) panel attorneys for additional compensation in People v. Hernandez and People v. Sandeno due to anticipated trial length. |
| Strategic Plan Goal(s) |
| Safe Communities |
| Reason for Recommended Action/Background |
As the Board is aware, the County has a legal obligation to provide a defense for indigent criminal defendants. Defense services are provided by the Public Defender and, in cases where the Public Defender has a conflict or otherwise cannot provide representation, by a panel of local attorneys under contracts with the County.
Indigent defense panel contracts recite an expectation that each attorney will provide services that are similar in amount to the number of hours per month spent over the two fiscal years immediately prior to July 1, 2016. This works out to an average of about 140 hours monthly. The contracts provide about $125,000 in annual compensation to each attorney and also allow each attorney to seek additional compensation in extraordinary circumstances. The Board of Supervisors has to approve any request for more than $5,000 in a single matter. Requests for additional compensation are generally quite rare.
Over the past two months, this Office has had an ongoing dialogue with four indigent defense panel attorneys regarding additional compensation in two criminal cases with upcoming trials: People v. Hernandez (No. 14-0072), arising from dormitory burglaries at U.C. Davis; and People v. Sandeno (No. 15-5378), arising from the fatal stabbing at the KetMoRee restaurant in Davis. Both matters are set for trial over the next few months, with trial expected to last up to 12 weeks in each case. During trial, the attorneys will be devoting considerable time to trial preparation, attendance, and related matters, and will likely spend far more than the 140 hours/month on matters covered by their contracts during the up to 24 total weeks of trial proceedings in the two matters.
This Office recommends additional compensation to the assigned panel attorneys in each case (three in Hernandez, four in Sandeno) in connection with the upcoming trials. The proposed amount of additional compensation is $250 per attorney for each day of trial (partial days will be prorated). This recommendation has been developed in consultation with those attorneys and it reflects careful consideration of the length of the two trials (up to 24 weeks), the fact that most of each working day will be devoted to trial preparation and attendance during that period, and an expectation that each attorney will consequently spend far more than 140 hours/month on contract matters during that period.
If the Board approves this recommendation, this Office will prepare a short contract amendment with each attorney and return to the Board with a budget resolution (if needed) to implement the additional compensation. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Administrator. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| The $97,500 figure represents a likely upper end on any additional compensation paid, assuming trial for the full 12-week period in each case (24 weeks total) and full participation by 3-4 attorneys in each matter for the duration of trial. The actual amount to be paid is likely to be less and depends on a number of factors beyond the County's direct control, including the potential for dismissals and plea bargains. |
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