Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: John L. Maltbie, County Manager
Subject: Private Defender Program Contract
RECOMMENDATION:
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Adopt a resolution authorizing the President of the Board of Supervisors to execute an agreement with the San Mateo County Bar Association for the Private Defender Program services for the period of July 1, 2018 through June 30, 2020.
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BACKGROUND:
The County is obligated to provide legal representation for those persons accused of crimes and subject to certain civil proceedings who are determine by the courts to be indigent and thus entitled to the appointment of counsel at public expense. Through a contractual agreement with the County, the San Mateo County Bar Association (Association) has been providing legal counsel through its Private Defender Program (PDP) to all financially eligible persons since 1968.
The Association is the contracting agency and manages its PDP consistent with the terms of the agreement. The PDP is unique in that its carefully screened attorneys who serve on the panel are not employees, but are independent private attorneys who accept appointments to represent persons determined financially eligible by the courts. Attorneys are compensated by the Association at rates established for various types of appearances in the judicial process.
The County thus avoids the considerable expense of having to enter into additional contracts for legal services in conflict of interest situations, and since the PDP panel attorneys are responsible for maintaining their own offices, the contractual arrangements avoids the costs associated with a traditional public defender office, such as facility costs and employee benefits. The current agreement is scheduled to expire June 30, 2018.
DISCUSSION:
Under the new agreement, the Association will continue to provide legal services for all financially eligible persons entitled to a court-appoin...
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