LAKEPORT, Calif. – The Board of Supervisors has called a special meeting for next week to discuss the possibility of terminating or suspending the county's public defense contract following the arrest early Thursday of the contract's manager.
The meeting will begin at 1 p.m. Tuesday, Sept. 30, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St. in Lakeport.
The board will discuss what options to take with regard to the longtime contract with Lake Legal Defense Services, which provides indigent criminal defense services, and consider authorizing County Administrative Officer Matt Perry to take the necessary actions to make sure the services are transitioned in a timely manner so that the services are continued.
Lake Legal Defense Services is headed up by 48-year-old Stephen Carter of Hidden Valley Lake, who acts as the organization's president.
Carter was arrested early Thursday morning in Hidden Valley Lake, according to the District Attorney's Office.
Carter, who has been temporarily staying in Clearlake Oaks, is alleged to have broken into the home where his wife and daughter live – they were not present at the time – before going a few houses away and smashing through a neighbor's sliding glass door at 3 a.m., according to Chief Deputy District Attorney Richard Hinchcliff.
Hinchcliff said felony vandalism and misdemeanor forcible trespass charges have been filed against Carter, who posted bail Thursday morning and was released.
He's scheduled to appear on the case in Lake County Superior Court on Dec. 2, Hinchcliff said.
This week, the District Attorney's Office also filed charges against Carter in an Aug. 19 hit and run case that occurred in Lakeport, Hinchcliff said.
Carter was driving on S. Main Street in Lakeport when he hit another vehicle and temporarily fled the scene, later returning, according to Hinchcliff.
Hinchcliff said Carter was not tested for drugs or alcohol but investigators said he exhibited symptoms of intoxication, and they found other evidence that they said showed he was under the influence.
In that case, Carter has been charged with misdemeanors including driving under the influence, providing false information to a peace officer, hit and run and reckless driving, Hinchcliff said.
It's expected that all of the Lake County Superior Court judges will recuse themselves from handling Carter's cases, according to Hinchcliff.
Terms of the contract
Lake Legal Defense Services, headquartered in Lakeport, began handling the county's indigent defense services in October 2005, based on the original contract.
According to its Web site, Lake Legal Defense Services currently contracts with 15 attorneys – including Carter – and two private investigators.
In March, the Board of Supervisors approved the latest amendment to the public defender contract, which totals $1,036,500 annually.
The amendment extended the contract through Sept. 16, 2016, unless terminated earlier for a number of “good cause” reasons outlined in the original 2005 document.
Those reasons include failure to comply with the agreement terms, inability to perform services, disability that seriously interferes with performance, pleading no contest to or being found guilty of a felony or crime involving moral turpitude, habitual intemperance in the use of intoxicants or drugs, initiation of bankruptcy proceedings, incorrect reports to the county and suspension of business operations.
Supervisor Rob Brown said Carter has health issues he's been dealing with, and that the Tuesday special meeting had been in the works for some time when Carter's latest arrest took place.
Concerns about Carter's health and performance have increased in recent weeks after it was reported that he missed several court dates for clients he serves under the defense contract as well as through his private practice.
On Sept. 17, Judge Andrew Blum held a hearing to discuss the situation after Carter failed to appear on several cases – including one about to go to trial and one scheduled for preliminary hearing – and also didn't respond to the court after Blum's assistant sent several emails and left several phone messages.
Lakeport attorney Mitchell Hauptman, one of Lake Legal Defense Services' attorneys, told Blum that Carter was suffering a number of physical ailments preventing his appearance, and that Hauptman himself and other attorneys were willing to be substituted in as needed.
Blum expressed both concern for Carter – who he said is a respected attorney who has practiced in the county a long time – as well as for the defendants who he emphasized were entitled to representation. At that point, Blum relieved Carter of several cases so they could move forward.
Brown said that the public defender contract under Carter's leadership has worked extremely well over the years, and he expects it will continue at the same level of service once the board makes a decision.
He said he and County Counsel Anita Grant will be working on possible options to bring to the board next week, which range from terminating the contract immediately to appointing an interim contractor, or looking at a 90-day mutual termination agreement in order to make arrangements for transitioning the contract's management.
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Supervisors to discuss possible termination or suspension of $1 million public defender contract
- Elizabeth Larson
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