Title
Chief Administrative Office recommending the Board approve and authorize the Chair to sign a budget transfer increasing the Indigent Defense appropriations by $50,000, due to higher than anticipated Fiscal Year 2017-18 expenses and decreasing General Fund Contingency by the same. (4/5 vote required) (Est. Time: 10 Min.)
FUNDING: General Fund Contingency.
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DEPARTMENT RECOMMENDATION
The Chief Administrative Office recommends the Board approve the budget transfer increasing appropriations in order to process any remaining FY 2017-18 payments as ordered by the Superior Court of California for Indigent Defense.
DISCUSSION / BACKGROUND
The constitutions of the United States and California 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 provider of these services in El Dorado County is the Public Defender; however, there are instances in which the 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 Public Defender has determined a conflict exists.
The County contracts with El Dorado Law to administer a panel of local, private attorneys, known as the "Conflict Panel," to provide these services; however, there are instances in which an attorney that is not under contract with the County ("unaffiliated attorney") is appointed by the Court to represent an indigent defendant. 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 a contract with a local law ...
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