File #: A 20-405    Name: ADO FY 20/21 PSA - T. Higgins
Type: BoS Agreement Status: Passed - Public Defender's Office
File created: 9/23/2020 In control: Board of Supervisors
On agenda: 10/6/2020 Final action: 10/6/2020
Title: a. Approve and authorize, retroactively, the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute a Professional Services Agreement with Tara Higgins for representation of indigent defendants in adult criminal cases in the maximum amount of $77,625 for the term October 1, 2020 through June 30, 2021;
Attachments: 1. Board Report (REVISED VIA SUPPLEMENTAL), 2. Board Report, 3. (ADO) PSA FY 20-21 T. Higgins, 4. tem No. 20 Completed Board Order
Title
a. Approve and authorize, retroactively, the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute a Professional Services Agreement with Tara Higgins for representation of indigent defendants in adult criminal cases in the maximum amount of $77,625 for the term October 1, 2020 through June 30, 2021;
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize, retroactively the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute a Professional Services Agreement with Tara Higgins for representation of indigent defendants in adult criminal cases in the maximum amount of $77,625 for the term October 1, 2020 through June 30, 2021;

SUMMARY/DISCUSSION:
Monterey County has a 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), in which the Monterey County Public Defender has declared a conflict of interest. In these cases, the courts appoint the Monterey County Alternate Defender's Office (ADO) to serve as counsel. Professional Services Agreements with selected attorneys enable Monterey County to meet its constitutional
obligations in conflict of interest cases.

The Public Defender recommends the Board's approval of a Professional Services Agreement with Attorney Tara Higgins based on the need for ADO attorney services created by the retirement of an ADO attorney. The former ADO attorney's agreement with the County expired on June 30, 2020, by its terms, and he decided not to renew his agreement with the ADO. This has created the need to seek out and appoint an additional ADO attorney.

Attorney Higgins is willing to provide such services to the County and is deemed qualified to do so by the Public Defender. The Board's approval of the proposed agreement will enable the County to meet its constitutional...

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