Title
Alternate Public Defender recommending the Board approve and authorize the Chair to sign a Fiscal Year 2025-26 budget transfer increasing appropriations for Indigent Defense legal fees in the amount of $150,000 from General Fund Contingency, and other budget adjustments within the department. (4/5 vote required)
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
The United States and California constitutions mandate that persons who are accused of crimes or are otherwise at risk for loss of liberty, and who do not have the means to pay for legal representation due to indigence, be provided legal representation at public expense.
The primary providers of these services in El Dorado County are the Public Defender and the Alternate Public Defender; however, there are instances in which the Alternate Public Defender's Office, due to a conflict of interest or other valid reason, cannot ethically represent certain indigent defendants. The Indigent Defense program consists of Court-appointed private attorneys serving as indigent conflict counsel for those cases where either the Judge or the County Alternate Public Defender has determined a conflict exists. The County is obligated to pay the attorneys' fees and the cost of any Court-ordered ancillary expenses, such as expert witness consultation and psychological evaluations, related to such representation. The program includes ancillary funding for court ordered services associated with the defense of indigent clients.
Each year, the amounts that will be needed to cover the attorney appointments and ancillary expenses are estimated for budget purposes based on prior fiscal year actual expenditures; however, the actual expenditures can be unpredictable, and staff have become aware that the total expenditures for Fiscal Year (FY) 2025-26 will exceed budget. A budget transfer from the General Fund Contingency is needed to provide appropriations to pay invoices for attorney fees and ancillary expenses that have been received in recent weeks for services provided in FY 2025-26. The $150,000 is a conservative estimate of additional appropriations necessary, as invoices are still being processed.
Fiscal Year 2025-26 ancillary costs were budgeted at $459,990. The Department is requesting an increase in appropriations of $150,000 so that the remaining FY 2025-26 payments may be issued.
The budget transfer also increases appropriations for facilities services using salary savings within the department.
ALTERNATIVES
Should the Board opt not to approve the enclosed budget transfer, it would result in the department experiencing inadequate Indigent Defense appropriations for Fiscal Year 2025-26.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
N/A
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
This budget transfer will decrease General Fund Contingency and increase the Alternate Public Defender’s Fiscal Year 2025-26 budget by $150,000, resulting in an increase to Net County Cost of $150,000.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Upon Board approval, the Clerk of the Board to forward one executed copy of the enclosed budget transfer to the Auditor-Controller for processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Elvira Lua, Alternate Public Defender