TRINITY COUNTY. Board Item Request Form Phone (530)

Transcription

1 County Contract No A & B Department Auditor/Controller TRINITY COUNTY 6.02 Board Item Request Form Contact Angela Bickle, Auditor-Controller Phone (530) Requested Agenda Location County Matters Requested Board Action: Award to Laura S. Woods the contract to provide Public Defender services to Trinity County; and award to Larry Olsen the contract to provide Public Defender services to Trinity County. Fiscal Impact: Total amount for both contracts is $336,000 per year. Additional compensation for murder trials and Proposition 47 cases are not included in the base contract amount. Motion: Second Roll Call: Ayes: Nays: Tabled To: Action: Notes:

2 STAFF REPORT Subject: Award Public Defender Contracts to Laura Woods & Larry Olsen Date: June 16, 2015 ISSUE: Should the Board approve the contracts for Laura Woods and Larry Olsen to provide Public Defender Services to Trinity County for the period of July 1, 2015 through June 30, 2018? Trinity County has been operating without a contract for Public Defender services since July 1, During this time the Judge has been appointing counsel to cover the cases. Trinity County went out to RFP twice since the last contract terminated. The intent of the second RFP was for attorneys to address and propose a method to reduce the expense the County has been incurring for conflict counsel. Conflict counsel expenses for the past three fiscal years were: FY 2011/12 $120,012; FY 2012/13 $147,819 and FY 2013/14 $159,720. Trinity County received three proposals to provide Public Defender Services, the amounts reflected below include the attorney paying for their own investigative services: Laura Woods and Larry Olsen $336,000 Derrick Riske $492,000 Law Office of Joseph Ahart $750,000 The contracts presented before you represent the same contract amount as the previous contract the County had, with the following benefits: Both of these attorneys have not practiced law in Trinity County and therefore I expect that conflict expenses should be minimized, unless there are multiple defendants in the same case. Murder cases time spent by attorneys prepping for the trial will be covered under the contract. The trigger point in which the County will pay $70.00 per hour will be once the trial begins. This contract does not include additional complex litigation expenses as the prior contract did for courtroom time which exceeded 35 hours or life in state prison, with the exception of three strike cases. During FY 2015/16 the transition year, the County will not see a savings in Public Defender expenses. This is based on the fact that we will be paying for the contracts presented before you and also paying for the open cases that are currently assigned to outside council.

3 Ms. Woods has twenty years of experience in prosecuting and defending all types of cases. She has been a Deputy District Attorney in Shasta and Tehama counties and has provided public defender services to Tehama and Siskiyou County. Mr. Olsen has 35 years of experience in prosecuting and defending all types of cases. He has his own private practice in Red Bluff, served as a Deputy District Attorney in Tehama County for eleven years and is a retired police officer after serving for over thirteen years. These attorneys have argued both sides as a prosecutor and a defense attorney, which is a benefit to both the citizens and the County. ALTERNATIVES INCLUDING FINANCIAL IMPLICATION: 1. Approve contracts as submitted. 2. Modify contracts. 3. Deny contracts and request that another RFP be issued. RECOMMENDATION: It is my recommendation that the Board of Supervisors award the Public Defender Services contract to Laura Woods and Larry Olsen. Angela Bickle Auditor-Controller CAO RECOMMENDATION: Concur: Yes No Comments:

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33 AGREEMENT FOR DEFENSE OF INDIGENT PERSONS IN TRINITY COUNTY BETWEEN LAURA S. WOODS ( ATTORNEY ) and TRINITY COUNTY ( COUNTY ) RECITALS WHEREAS, the law of the State of California as set forth in various statutes and cases requires the appointment of counsel for indigent persons appearing in both original and ancillary proceedings in court matters, including, but not limited to, criminal, juvenile, contempt, and LPS conservatorships; and WHEREAS, it is the intent of this agreement (Agreement) to provide, except as set forth herein, counsel in all cases requiring or permitting appointment by the Court. The County of Trinity, a political subdivision of the State of California (hereinafter referred to as COUNTY ) has determined to provide legally required legal services through contracts with private counsel (hereinafter referred to as ATTORNEY.); and WHEREAS, the County of Trinity, acting in consultation with the Superior Court, hereby enters into the attached Agreement for a public defender for the Courts of Trinity, pursuant to California Government Code Section 31000, for a three-year period commencing July 1, 2015 and terminating June 30, 2018; and WHEREAS, this Agreement provides the general duties of the ATTORNEY contracting to represent indigent persons in Trinity County. ATTORNEY who is the signatory to this Agreement agrees to serve as set forth herein. THEREFORE, in consideration of the reciprocal covenants hereinafter contained and provided by and between COUNTY and ATTORNEY, IT IS AGREED AS FOLLOWS: 1. Compensation. County shall pay to ATTORNEY $14,000 per month, per annum. The Auditor/Controller of the County of Trinity will pay to ATTORNEY the above sum on the first day of July, 2015 and on each succeeding month through June 30, Duties. a. Criminal Matters. ATTORNEY who is the signatory at the foot of this Agreement shall provide legal representation in all criminal matters triable as misdemeanors and felonies in and before the Superior Court of the County of Trinity, including all Superior Court Departments. This will include violations of probation and extradition matters. In the event a petition is filed pursuant to Proposition 47 requiring ATTORNEY to assist with the petition for resentencing, COUNTY shall pay to ATTORNEY for said additional work at the rate of $60.00 per hour. ATTORNEY shall 1

34 separately account for this time and shall not perform any task associated with the Proposition 47 petition not required to be performed as a matter of law. b. Juvenile Delinquency. ATTORNEY will provide legal representation to juveniles charged by Petition with a crime or crimes. c. Contempt Matters. ATTORNEY will provide legal representation to indigent persons in any Trinity County contempt matters (including, without limitation, family law and child support contempts). d. LPS Conservatorships. ATTORNEY will provide legal representation in all Trinity County probate and limited conservatorships when appointed by the Court pursuant to Probate Code Sections 1470 or e. Servicemembers Civil Relief Act. In consideration of being offered this contract, ATTORNEY further agrees to accept appointments under Section 201 of the Servicemembers Civil Relief Act (50 App. U.S.C.A. 521) and implementing provisions of California law without additional compensation. f. Indigent persons charged with Murder. In the event an indigent person requests legal representation for a murder charge (California Penal Code Section 187), ATTORNEY representation of the defendant in all proceedings up to trial shall be included under this Agreement. Should the defendant proceed to a court or jury trial, ATTORNEY shall receive additional compensation from the COUNTY at a rate of $70.00 per hour for each day of the trial. ATTORNEY agrees to keep accurate records reflecting work done on the case at all stages of the proceedings, including prior to trial. 3. Renegotiation in the event of new legislation. In the event that any legislation effective on or after July 1, 2015, creates a new right to court-appointed counsel in any proceedings for which no such right existed on June 30, 2015, and/or such legislation causes a substantial workload increase or decrease for ATTORNEY, COUNTY and ATTORNEY may agree to increase or decrease ATTORNEY S compensation in recognition for such addition or reduction in work. In the event that COUNTY and ATTORNEY fail to enter negotiations in a reasonable time or if such agreement cannot be reached after a reasonable negotiation period, ATTORNEY and/or COUNTY may terminate this Agreement in accordance with paragraph 13 of the Agreement. For purposes of this Agreement, substantial workload increase/decrease shall mean a documented increase/decrease of at least ten percent (10%) in the average monthly number of hours required to complete ATTORNEY S duties under this Agreement, attributable to such legislation. 4. Acknowledgement and conflict with ATTORNEY S private practice. ATTORNEY retains the right to maintain a private practice and to represent parties on a retained basis. ATTORNEY acknowledges that her obligation under this contract is 2

35 preeminent and that the compensation as set forth hereto will compensate ATTORNEY for the loss of private practice occasioned by her services under the terms of this contract. 5. Determination of Eligibility of Court-appointed counsel. ATTORNEY shall cooperate in any procedure adopted by the courts to determine eligibility for court-appointed counsel. ATTORNEY shall inform the Court if she believes a party is or has become ineligible for court-appointed counsel and shall also inform any party determined to be ineligible of the right to a court hearing on that question. Any determination by the court as to eligibility shall be binding upon the ATTORNEY. ATTORNEY shall cooperate in any referral by the Court to the Collections Supervisor as ordered by the Court for the purpose of determining the party s ability to reimburse the COUNTY for indigent public defender and probation-related services. In the event that any hearing is held regarding the ability to repay the COUNTY, ATTORNEY agrees that she will represent their original client at no additional cost. 6. Availability. ATTORNEY shall be available at such reasonable times and places so that indigent persons will not suffer undue inconvenience in being able to contact and confer with ATTORNEY. 7. Office Services to be provided by ATTORNEY. ATTTORNEY shall, at her sole expense, maintain a principal office within Trinity County, which shall be open at reasonable times on regular business days. ATTORNEY shall provide, at her own expense, all office space, computers, furniture, equipment, supplies, paper, libraries, internet access, telephone service, and clerical assistance required for the competent and effective performance of ATTORNEY S duties under this contract. 8. Investigative Services. ATTORNEY shall, at her sole expense, pay for all investigation needed to adequately prepare for, and assist in, the representation of indigent persons covered under this AGREEMENT. Should ATTORNEY determine that investigative expenses will be excessive (i.e., in a murder case), ATTORNEY reserves the right to petition the Court for additional funds to cover excessive investigative costs. ATTORNEY shall direct the investigator to maintain timekeeping records detailing work done on assigned cases, and shall cause the investigator to produce those records upon request by the Court or the Auditor/Controller. Excessive investigator fees are defined for the purpose of this paragraph as fees exceeding $ in any month which are attributable to one case. 9. Expenses and services paid by the COUNTY. 3

36 COUNTY shall pay for all services of the Court Reporter wherein such services are required by law, together with transcripts thereof. COUNTY shall also pay, subject to Court approval, all witness fees, including those of expert witnesses; fees for services of Court authorized laboratories; forensic services; medical or other technical experts, or as otherwise may be required by statute or case law. COUNTY shall pay the above services only upon Court authorization made prior to the rendition of such services and only upon a motion filed by ATTORNEY showing the need therefore. Payment of the above fees by COUNTY shall not reduce the compensation of ATTORNEY as provided for in Paragraph 1, supra. 10. Change of venue from Trinity County. In the event that ATTORNEY is performing services under this Agreement in any proceeding which is ordered transferred from Trinity County to another county, ATTORNEY shall be paid, in addition to the compensation amount provided for in Paragraph 1, a reasonable amount to be determined by the Trinity County Superior Court for travel, lodging, meals and other extraordinary expenses. 11. Independent contractor. It is agreed and understood that ATTORNEY is an independent contractor and under no circumstances shall she, or her employees, agents and servants be deemed to be employees, agents or servants of the County of Trinity. ATTORNEY shall be solely liable and responsible to pay all required taxes and other obligations, including, but not limited to, withholding, Social Security and worker s compensation insurance, both for herself and her employee. 12. Liability and indemnification. It is hereby agreed that COUNTY is relying upon the certification of the State Bar of California as indicative of ATTORNEY S right to practice law and that ATTORNEY represents for herself that she is a competent and professional practitioner of the law admitted to practice in California. ATTORNEY agrees to defend and hold COUNTY harmless as to any and all claims against COUNTY, county employees, agents or servants because of actions performed by ATTORNEY and/or her employees, agents, or servants in their performance or attempted performance of this agreement, including, but not limited to, claims of negligence and malpractice. It is further agreed that, except as expressly set forth in other paragraphs of this contract, ATTORNEY will indemnify COUNTY and hold it harmless as to all costs incurred by COUNTY in the defense of any action brought as a result of ATTORNEY S performance or attempted performance under this contract. In the event that ATTORNEY becomes unable to practice law in the State of California, ATTORNEY will immediately notify County and this contract shall immediately terminate as to ATTORNEY and ATTORNEY shall have no further rights hereunder. This contract may not be transferred or assigned. ATTORNEY shall maintain the following insurance coverage: 4

37 a. Worker s Compensation Insurance limit of $500,000; b. Automobile Insurance limit of $500,000; c. General Liability Insurance limit of $1,000,000.00; d. Professional Liability (Malpractice) Insurance limit of $2,000, Evidence of coverage shall be provided to the satisfaction of the Court and to the Auditor/Controller and Risk Manager for COUNTY. 13. Termination of agreement. A party to this Agreement may without cause terminate their rights and obligations under this contract upon ninety (90) days written notice to the other party. COUNTY shall terminate the contract as to ATTORNEY determined by the Superior Court not to be properly performing her duties hereunder. COUNTY may terminate this agreement immediately should the Trinity County Board of Supervisors fail to appropriate sufficient funds for this Agreement in any fiscal year. 14. Termination of obligation to represent. Upon termination of this contract, ATTORNEY shall continue to represent any client then being represented under this contract and the court shall fix reasonable compensation for services rendered thereafter. 15. Appointment of non-contract attorneys. A Judge may appoint non-contracting counsel when, in the Judge s discretion the rights of a defendant so require. 16. Records. ATTORNEY hereby agrees to keep and maintain time records regarding any appointment and to present copies of such records to the Court or COUNTY upon request. ATTORNEY shall provide to Auditor/Controller on a quarterly basis, a list of cases, the amount of attorney time spent on each case, and a resolution of the case, if any. 17. Other Matters. ATTORNEY will not be required under the contract to provide any representation to any party in any civil action or in any juvenile dependency action. 5

38 Dated: Judy Morris, Chairman Board of Supervisors County of Trinity, State of California Dated: Laura S. Woods, Attorney 6

39 AGREEMENT FOR DEFENSE OF INDIGENT PERSONS IN TRINITY COUNTY BETWEEN LARRY OLSEN ( ATTORNEY ) and TRINITY COUNTY ( COUNTY ) RECITALS WHEREAS, the law of the State of California as set forth in various statutes and cases requires the appointment of counsel for indigent persons appearing in both original and ancillary proceedings in court matters, including, but not limited to, criminal, juvenile, contempt, and LPS conservatorships; and WHEREAS, it is the intent of this agreement (Agreement) to provide, except as set forth herein, counsel in all cases requiring or permitting appointment by the Court. The County of Trinity, a political subdivision of the State of California (hereinafter referred to as COUNTY ) has determined to provide legally required legal services through contracts with private counsel (hereinafter referred to as ATTORNEY.); and WHEREAS, the County of Trinity, acting in consultation with the Superior Court, hereby enters into the attached Agreement for a public defender for the Courts of Trinity, pursuant to California Government Code Section 31000, for a three-year period commencing July 1, 2015 and terminating June 30, 2018; and WHEREAS, this Agreement provides the general duties of the ATTORNEY contracting to represent indigent persons in Trinity County. ATTORNEY who is the signatory to this Agreement agrees to serve as set forth herein. THEREFORE, in consideration of the reciprocal covenants hereinafter contained and provided by and between COUNTY and ATTORNEY, IT IS AGREED AS FOLLOWS: 1. Compensation. County shall pay to ATTORNEY $14,000 per month, per annum. The Auditor/Controller of the County of Trinity will pay to ATTORNEY the above sum on the first day of July, 2015 and on each succeeding month through June 30, Duties. a. Criminal Matters. ATTORNEY who is the signatory at the foot of this Agreement shall provide legal representation in all criminal matters triable as misdemeanors and felonies in and before the Superior Court of the County of Trinity, including all Superior Court Departments. This will include violations of probation and extradition matters. In the event a petition is filed pursuant to Proposition 47 requiring ATTORNEY to assist with the petition for resentencing, COUNTY shall pay to ATTORNEY for said additional work at the rate of $60.00 per hour. ATTORNEY shall 1

40 separately account for this time and shall not perform any task associated with the Proposition 47 petition not required to be performed as a matter of law. b. Juvenile Delinquency. ATTORNEY will provide legal representation to juveniles charged by Petition with a crime or crimes. c. Contempt Matters. ATTORNEY will provide legal representation to indigent persons in any Trinity County contempt matters (including, without limitation, family law and child support contempts). d. LPS Conservatorships. ATTORNEY will provide legal representation in all Trinity County probate and limited conservatorships when appointed by the Court pursuant to Probate Code Sections 1470 or e. Servicemembers Civil Relief Act. In consideration of being offered this contract, ATTORNEY further agrees to accept appointments under Section 201 of the Servicemembers Civil Relief Act (50 App. U.S.C.A. 521) and implementing provisions of California law without additional compensation. f. Indigent persons charged with Murder. In the event an indigent person requests legal representation for a murder charge (California Penal Code Section 187), ATTORNEY representation of the defendant in all proceedings up to trial shall be included under this Agreement. Should the defendant proceed to a court or jury trial, ATTORNEY shall receive additional compensation from the COUNTY at a rate of $70.00 per hour for each day of the trial. ATTORNEY agrees to keep accurate records reflecting work done on the case at all stages of the proceedings, including prior to trial. 3. Renegotiation in the event of new legislation. In the event that any legislation effective on or after July 1, 2015, creates a new right to court-appointed counsel in any proceedings for which no such right existed on June 30, 2015, and/or such legislation causes a substantial workload increase or decrease for ATTORNEY, COUNTY and ATTORNEY may agree to increase or decrease ATTORNEY S compensation in recognition for such addition or reduction in work. In the event that COUNTY and ATTORNEY fail to enter negotiations in a reasonable time or if such agreement cannot be reached after a reasonable negotiation period, ATTORNEY and/or COUNTY may terminate this Agreement in accordance with paragraph 13 of the Agreement. For purposes of this Agreement, substantial workload increase/decrease shall mean a documented increase/decrease of at least ten percent (10%) in the average monthly number of hours required to complete ATTORNEY S duties under this Agreement, attributable to such legislation. 4. Acknowledgement and conflict with ATTORNEY S private practice. ATTORNEY retains the right to maintain a private practice and to represent parties on a retained basis. ATTORNEY acknowledges that his obligation under this contract is 2

41 preeminent and that the compensation as set forth hereto will compensate ATTORNEY for the loss of private practice occasioned by his services under the terms of this contract. 5. Determination of Eligibility of Court-appointed counsel. ATTORNEY shall cooperate in any procedure adopted by the courts to determine eligibility for court-appointed counsel. ATTORNEY shall inform the Court if he believes a party is or has become ineligible for court-appointed counsel and shall also inform any party determined to be ineligible of the right to a court hearing on that question. Any determination by the court as to eligibility shall be binding upon the ATTORNEY. ATTORNEY shall cooperate in any referral by the Court to the Collections Supervisor as ordered by the Court for the purpose of determining the party s ability to reimburse the COUNTY for indigent public defender and probation-related services. In the event that any hearing is held regarding the ability to repay the COUNTY, ATTORNEY agrees that he will represent their original client at no additional cost. 6. Availability. ATTORNEY shall be available at such reasonable times and places so that indigent persons will not suffer undue inconvenience in being able to contact and confer with ATTORNEY. 7. Office Services to be provided by ATTORNEY. ATTTORNEY shall, at his sole expense, maintain a principal office within Trinity County, which shall be open at reasonable times on regular business days. ATTORNEY shall provide, at his own expense, all office space, computers, furniture, equipment, supplies, paper, libraries, internet access, telephone service, and clerical assistance required for the competent and effective performance of ATTORNEY S duties under this contract. 8. Investigative Services. ATTORNEY shall, at his sole expense, pay for all investigation needed to adequately prepare for, and assist in, the representation of indigent persons covered under this AGREEMENT. Should ATTORNEY determine that investigative expenses will be excessive (i.e., in a murder case), ATTORNEY reserves the right to petition the Court for additional funds to cover excessive investigative costs. ATTORNEY shall direct the investigator to maintain timekeeping records detailing work done on assigned cases, and shall cause the investigator to produce those records upon request by the Court or the Auditor/Controller. Excessive investigator fees are defined for the purpose of this paragraph as fees exceeding $ in any month which are attributable to one case. 9. Expenses and services paid by the COUNTY. 3

42 COUNTY shall pay for all services of the Court Reporter wherein such services are required by law, together with transcripts thereof. COUNTY shall also pay, subject to Court approval, all witness fees, including those of expert witnesses; fees for services of Court authorized laboratories; forensic services; medical or other technical experts, or as otherwise may be required by statute or case law. COUNTY shall pay the above services only upon Court authorization made prior to the rendition of such services and only upon a motion filed by ATTORNEY showing the need therefore. Payment of the above fees by COUNTY shall not reduce the compensation of ATTORNEY as provided for in Paragraph 1, supra. 10. Change of venue from Trinity County. In the event that ATTORNEY is performing services under this Agreement in any proceeding which is ordered transferred from Trinity County to another county, ATTORNEY shall be paid, in addition to the compensation amount provided for in Paragraph 1, a reasonable amount to be determined by the Trinity County Superior Court for travel, lodging, meals and other extraordinary expenses. 11. Independent contractor. It is agreed and understood that ATTORNEY is an independent contractor and under no circumstances shall he, or his employees, agents and servants be deemed to be employees, agents or servants of the County of Trinity. ATTORNEY shall be solely liable and responsible to pay all required taxes and other obligations, including, but not limited to, withholding, Social Security and worker s compensation insurance, both for himself and his employee. 12. Liability and indemnification. It is hereby agreed that COUNTY is relying upon the certification of the State Bar of California as indicative of ATTORNEY S right to practice law and that ATTORNEY represents for himself that he is a competent and professional practitioner of the law admitted to practice in California. ATTORNEY agrees to defend and hold COUNTY harmless as to any and all claims against COUNTY, county employees, agents or servants because of actions performed by ATTORNEY and/or his employees, agents, or servants in their performance or attempted performance of this agreement, including, but not limited to, claims of negligence and malpractice. It is further agreed that, except as expressly set forth in other paragraphs of this contract, ATTORNEY will indemnify COUNTY and hold it harmless as to all costs incurred by COUNTY in the defense of any action brought as a result of ATTORNEY S performance or attempted performance under this contract. In the event that ATTORNEY becomes unable to practice law in the State of California, ATTORNEY will immediately notify County and this contract shall immediately terminate as to ATTORNEY and ATTORNEY shall have no further rights hereunder. This contract may not be transferred or assigned. ATTORNEY shall maintain the following insurance coverage: 4

43 a. Worker s Compensation Insurance limit of $500,000; b. Automobile Insurance limit of $500,000; c. General Liability Insurance limit of $1,000,000.00; d. Professional Liability (Malpractice) Insurance limit of $2,000, Evidence of coverage shall be provided to the satisfaction of the Court and to the Auditor/Controller and Risk Manager for COUNTY. 13. Termination of agreement. A party to this Agreement may without cause terminate their rights and obligations under this contract upon ninety (90) days written notice to the other party. COUNTY shall terminate the contract as to ATTORNEY determined by the Superior Court not to be properly performing his duties hereunder. COUNTY may terminate this agreement immediately should the Trinity County Board of Supervisors fail to appropriate sufficient funds for this Agreement in any fiscal year. 14. Termination of obligation to represent. Upon termination of this contract, ATTORNEY shall continue to represent any client then being represented under this contract and the court shall fix reasonable compensation for services rendered thereafter. 15. Appointment of non-contract attorneys. A Judge may appoint non-contracting counsel when, in the Judge s discretion the rights of a defendant so require. 16. Records. ATTORNEY hereby agrees to keep and maintain time records regarding any appointment and to present copies of such records to the Court or COUNTY upon request. ATTORNEY shall provide to Auditor/Controller on a quarterly basis, a list of cases, the amount of attorney time spent on each case, and a resolution of the case, if any. 17. Other Matters. ATTORNEY will not be required under the contract to provide any representation to any party in any civil action or in any juvenile dependency action. 5

44 Dated: Judy Morris, Chairman Board of Supervisors County of Trinity, State of California Dated: Larry Olsen, Attorney 6