County of Monterey - File #: 19-0748

• File #: 19-0748
• Type: General Agenda Item
• Status: Passed - Public Defender's Office
• File created: 9/18/2019
• In control: Board of Supervisors
• On agenda: 10/1/2019
• Final action: 10/1/2019
• Title: Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign a non-standard Professional Services Agreement (PSA) with the Law Offices of Lawrence & Peck, in the amount of $90,000, to provide case management and case supervision for the Alternate Defender Office with an effective term of October 1, 2019 through June 30, 2020;

Date	Action By	Action	Result
10/1/2019	Board of Supervisors	approved - public defender	Pass

Title
Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign a non-standard Professional Services Agreement (PSA) with the Law Offices of Lawrence & Peck, in the amount of $90,000, to provide case management and case supervision for the Alternate Defender Office with an effective term of October 1, 2019 through June 30, 2020;

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign a non-standard Professional Services Agreement (PSA) with the Law Offices of Lawrence & Peck, in the amount of $90,000, to provide case management and case supervision for the Alternate Defender Office with an effective term of September 1, 2019 through June 30, 2020

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 to address conflicts of interest. Others, like Monterey County, have ...