1. Report on Public Defender Costs February 14, 2012 1 Report on Public Defender Costs 02/14/12

2.  County required to provide indigent criminal defense.  Public Defender requirements established in Government Code.  34 of 58 counties employ a Public Defender.  All counties over 400,000 population have a Public Defender, except for San Mateo County (Private Defender Program). Provision of Services 2 Report on Public Defender Costs 02/14/12

3.  Private attorneys contracted for conflict-of-interest, multiple defendant cases; some larger counties have “Alternate Defender” office for first-level conflicts.  San Joaquin County – Public Defender is primary defender; conflict appointments assigned through contract with Lawyer Referral Service (LRS).  Public Defender also handles non-criminal responsibilities. Provision of Services (continued) 3 Report on Public Defender Costs 02/14/12

4.  Direct cost comparison between Public Defender and private attorneys is difficult due to variations in: -Compensation methods -Workload -Individual time tracking/production data  Use LRS data to estimate private attorney costs.  Two comparisons: -Individual Attorney Hourly Cost -Average Cost per Assigned Case Methodology 4 Report on Public Defender Costs 02/14/12

5.  Public Defender work assignments vary by individual.  Typical staff attorney cost: $110-122/hour.  LRS amended contract rates typically $75-105/hour.  LRS attorneys gave up rate increases since 2009; if implemented, fees generally $83-116/hour.  Some Public Defender functions not listed in LRS rate schedule. Hourly Cost 5 Report on Public Defender Costs 02/14/12

6. 6

7. 7

8. 8

9.  No determination made on whether Public Defender’s Office or LRS provides significantly better service to clients.  Most individuals contacted by staff during research felt both agencies provide adequate legal representation. Performance 9 Report on Public Defender Costs 02/14/12

10.  Unknown if sufficient capacity exists to replace Public Defender’s staff and absorb workload.  Any reorganizational changes would impact court operations—transition coordination essential.  Employee impacts, legal and legislative issues should be reviewed prior to initiation of changes. Other Considerations 10 Report on Public Defender Costs 02/14/12

11.  Individual attorney hourly rate: Current LRS rate is less than Public Defender for most case types…  …however, pending discussions with employee organizations and/or future conflict defense contract costs may affect hourly rates.  Average cost per case: Public Defender’s Office average cost was less than LRS through 2009-10…  …but this changed in 2010-11. It is not known if this will continue as case assignments and possible decreases in case filings may have an impact. Summary Report on Public Defender Costs 02/14/12 11

12.  Staff will continue to monitor workload and costs.  Request for Proposals will be issued for conflict and overflow indigent defense counsel services (current contract expires in June 2012). Next Steps Report on Public Defender Costs 02/14/12 12