Title
HEARING - Public Defender recommending the Board:
1) Repeal Resolution 203-2009;
2) Adopt and authorize the Chair to sign Resolution 152-2020 which establishes a new Public Defender Fee Schedule, and Eligibility and Screening Guidelines, for conservatees and proposed conservatees who are appointed to be represented by the Public Defender pursuant to Probate Code Sections 1470, 1471, and 1472; and
3) Authorize the Public Defender to reduce, waive, or defer fees if ordered by the Court.
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
History:
In 2006, Penal Code Section 987.5 established a Public Defender Registration Fee of $25.00 to offset local costs of indigent defense, requiring that each county's Board of Supervisors adopt a resolution authorizing this fee. No initial Board resolution from El Dorado County could be located from that time; however, old billing documents demonstrate that the Public Defender's Office previously received the Registration Fee from at least some clients.
On September 15, 2009, Child Support Services, Revenue Recovery Division, recommended the “adoption of Resolution establishing a registration fee in the amount of twenty-five dollars ($25.00) for every defendant who requests representation by court appointed counsel in order to offset the costs of administering the indigent defense collection system” (Legistar #09-1137). Per the background in the agenda transmittal, this was a pilot program for Revenue Recovery to determine if defendants could pay some or all attorney’s fees. The Board of Supervisors approved Resolution 203-2009, but the data from this “pilot program” is unknown and unobtainable.
On September 18th, 2020, Governor Newsom signed AB 1869, repealing Penal Code Section 987.5 effective July 1, 2021. Therefore, it is requested that the Board repeal Resolution 203-2009 as it will no longer be in compliance with State law.
Background:
The legal services provided by the El Dorado County Public Defe...
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