LAKEPORT, Calif. – The Board of Supervisors this week directed county staff to negotiate a contract for public defender services with a new legal entity that will succeed the firm currently under contract to the county.
The board voted unanimously to accept the staff recommendation to waive the request for proposals, or RFP, process and negotiate a new contract with Angela Carter and others representing a new organization.
During a special September meeting, the board voted to pursue a 90-day termination clause with Lake Legal Defense Services Inc. due to health- and legal-related concerns for the corporation's president, Stephen Carter, Angela Carter's husband.
Stephen Carter was arrested in a September vandalism and trespassing case and also was charged with hit-and-run stemming from an August crash in Lakeport, which led to the September board discussion. He has since been on a leave of absence.
Lake Legal Defense Services began handling the county's indigent defense services in October 2005. The contract, last amended in March, totals $1,036,500 annually.
After receiving direction from the board at the September meeting, County Administrative Officer Matt Perry and County Counsel Anita Grant began looking at a variety of options for providing public defender services, from creating a county public defender office to contracting with individual attorneys.
Perry told the board Tuesday that there has been discussion about returning to a public defender office model, which Lake County had in the early 1980s.
“I think this would be very expensive,” said Perry, adding that he estimated that it would cost an additional $200,000 or $300,000 annually.
“I think the current model has served the county well over the last 14 years,” said Perry, noting it's cost-effective and has gotten favorable marks from the public defender oversight committee and grand jury.
Perry acknowledged that the contract structure needs to be improved so as to allow for continuation of services if a principal in the firm can't continue with their duties.
In the interests of time and continuity, Perry said he wanted to waive the RFP process and negotiate a contract with Angela Carter.
“I think she's prepared to form a new legal entity that would take over the contract and hopefully continue on with the existing set of subcontractors,” he said.
Board Chair Denise Rushing asked about a suggested term for the new contract. Perry proposed three years, with the board determining a year ahead of the expiration date whether they should issue a new RFP or continue with the contract. At that point, such an RFP could be issued far enough in advance as to not interrupt services.
Supervisor Anthony Farrington asked about Perry's higher cost estimate for a public defender's office. Perry explained that current staffing under the contract includes eight felony attorneys, four misdemeanor attorneys, a few attorneys handling juvenile and conservatorship matters, and two investigators.
Calculating all of those staffers as if they were three-quarter time county employees – Perry said that was the measure he used since the contractors currently can take outside cases – he arrived at the more “conservative” estimate of an increase of $100,000 in costs to the county annually. Travel, training and clerical services would add another $100,000 per year, he estimated.
One of the options – involving having the county contract individually with attorneys – would require more county staff time and shifting of duties, Perry said.
“I think it’s very beneficial for the county to deal with one master contractor,” Perry said.
About a year ago, the county and Lake Legal Defense Services agreed to increase the contract amount by $6,000 per month to allow the hiring of another attorney due to the multiple homicide cases the public defender contract was handling, Perry said.
Farrington said he wanted the county to explore reducing that cost. Perry said they can look at it.
Supervisor Rob Brown said he did feel the contract needed some minor fixes, but overall believes the system is working well. He said the county's judges and prosecutors also will acknowledge that.
Rushing asked about the defendants. Brown suggested they can look at the number of appeals to judge that issue.
Farrington said he wanted greater transparency with the contract, specifically, a better idea of what the attorneys are being paid. Brown said the county doesn't require that level of information from other contractors.
Farrington also wanted to know the level of Angela Carter's involvement in the contract management.
Angela Carter told the board that she wrote the contract that the attorneys who work for Lake Legal Defense Services sign, and confirmed she has been a co-administrator of the defense contract.
Regarding Farrington's questions, she said there always has been a concern about crossing the contractor/employee line. Lake Legal Defense Services has gone to an employment attorney to advise them on avoiding those pitfalls, Carter said.
There are elements of the current contract that come close to that line, among them, disclosing the specifics of what the contracting attorneys make. Carter said she didn't think she could reveal specifics to the board without that information being released to the public.
Carter also told the board that, in her opinion, the best option the county could pursue for public defense services was to reestablish a public defender's office.
She said she believed it would provide the highest and best level of service, and also reduce turnover among the attorneys.
Brown moved to direct staff to negotiate an updated contract with Carter and waive the RFP process, which the board approved 5-0.
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Supervisors opt to negotiate public defender contract with new legal entity
- Elizabeth Larson
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