Title
a. Approve transfer from Department 1050 CAO Non-Departmental, Unit 8034 Contingencies, Appropriation Code CAO020 of $96,862 to Department 2270 Public Defender, Appropriation Code PUB001 due to Court appointments of private counsel and expert witness pursuant to Penal Code sec. 987.2(d) including on Special Circumstance, Paternity, and County integrity cases (4/5th vote required), and
b. Authorize the Auditor-Controller to approve adjustments in appropriations. (ADDED VIA ADDENDUM)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve transfer from Department 1050 CAO Non-Departmental, Unit 8034 Contingencies, Appropriation Code CAO020 of $96,862 to Department 2270 Public Defender, Appropriation Code PUB001due to Court appointments of private counsel and expert witness pursuant to Penal Code sec. 987.2(d) including on Special Circumstance, Paternity, and County integrity cases (4/5th vote required), and
b. Authorize the Auditor-Controller to approve adjustments in appropriations.
SUMMARY:
The California Penal Code directs that counties are responsible for the defense of indigent persons accused of crimes. To do this, the County has established an Office of the Public Defender and an Alternate Defender's Office (ADO) to accept appointment of cases when the Public Defender has a conflict of interest or other appropriate reason to decline representation. Beyond that, the Superior Court appoints private counsel funded by the County's General fund per statute, when neither of those offices is able to accept the appointment for appropriate legal reasons.
It is difficult, if not impossible, to predict the cost of providing ADO services in any given year. Fiscal year 2012-13 is a perfect example. Projected year-end ADO services cost is approximately $191,400 less than the prior fiscal year which is attributable to the addition of a fourth contract with private counsel to provide the required representation. However, th...
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