Title
a. Approve and authorize, retroactively, a non-standard Professional Services Agreement (PSA) with the Law Offices of Lawrence & Peck, in the amount of $120,000 to provide case management and case supervision for the Alternate Defender Office with an effective term of July 1, 2020 through June 30, 2021;
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize, retroactively, a non-standard Professional Services Agreement (PSA) with the Law Offices of Lawrence & Peck, in the amount of $120,000 to provide case management and case supervision for the Alternate Defender Office with an effective term of July 1, 2020 through June 30, 2021;
SUMMARY/DISCUSSION:
Monterey County addresses its Constitutional obligation to provide legal representation for indigent persons accused of criminal violations, and in certain civil proceedings (i.e. juvenile, mental health, truancy, sexually violent predator prosecutions), when the Public Defender has a disabling conflict of interest the Alternate Defender's Office (ADO). The Chief Alternate Defender maintains operational responsibility for the ADO. The Chief Alternate Defender manages the ADO attorney contracts and individual appointment of ADO attorneys when the Public Defender has declared a conflict of interest. Examples of conflicts include situations in which multiple persons are accused in the same charging document, or the Public Defender currently represents a victim or witness in a prosecution, or where a Public Defender client provides information which is used by law enforcement to bring charges. In such cases, it would be an ethical violation for the PD to represent or continue to represent such a client.
Some counties establish a second or even a third Public Defenders Office. Others, like Monterey County, have addressed it with the appointment, by contract, of an independent attorney or law firm to fulfill this responsibility, i.e., the Chief Alternate Defender. Th...
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