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  Consent-General Government   # 15.       
County Counsel  
Meeting Date: 01/11/2022  
Brief Title:    Indigent Defense Panel Administration-Contract Amendment
From: Philip J. Pogledich, County Counsel
Staff Contact: Philip J. Pogledich, County Counsel, x8172

Subject
Approve first amendment to Agreement No. 20-55 with Ava Landers, Esq., relating to administration and oversight of the conflict indigent defense panel, and authorize County Counsel to execute agreement. (No general fund impact) (Pogledich)
Recommended Action
Approve first amendment to Agreement No. 20-55 with Ava Landers, Esq., relating to administration and oversight of the conflict indigent defense panel, and authorize County Counsel to execute agreement.
Strategic Plan Goal(s)
County Mandated Service
Reason for Recommended Action/Background
The County is legally obligated to ensure that indigent defendants are represented by skilled attorneys in criminal proceedings in Yolo Superior Court. The Public Defender's office handles the representation of most defendants, but at times it is unable to provide legal services because of a conflict of interest or (more rarely) other situation that prevents that office from providing representation. To address these situations, the County has long contracted with a panel of several local attorneys--the conflict indigent defense panel--for such services.

Ava Landers has served on the panel for over a decade. Following the passing of longtime panel attorney and administrator, J. Toney, in mid-2021, Ms. Landers expressed an interest in taking over his role as the panel administrator. Administrator responsibilities include ensuring an equitable distribution of cases among panel members, assisting with the retention of "off-panel" attorneys in occasional situations where the panel is unable to provide representation (usually due to a conflict of interest), providing input to the County Counsel on expense reimbursements and extra compensation, and otherwise ensuring the panel attorneys perform capably and within the scope of their individual contracts. 

The County Counsel and Ms. Landers have discussed appropriate compensation for her work as panel administrator, which will be in addition to her continued obligation to carry a proportional share of cases assigned to the panel. While Mr. Toney declined additional compensation for the administrator role, it is undisputed that the role entails significant additional work.  After some discussion, the County Counsel and Ms. Landers agreed on $2,000 per month in additional compensation. The County Counsel recommends that the Board authorize execution of the First Amendment, which includes additional compensation retroactive to July 1, 2021, shortly after Ms. Landers initially began serving in this capacity.
Collaborations (including Board advisory groups and external partner agencies)
None.
Competitive Bid Process
Not applicable.

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   24,000
Amount budgeted for expenditure:    $   24,000
Additional expenditure authority needed:    $   0
One-time commitment     Yes
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
The additional compensation covered by the First Amendment is within the scope of the approved FY 2021-2022 budget for the indigent conflict defense panel.
Attachments
Att. A. First Amendment

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Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 01/04/2022 08:35 AM
Financial Services Melissa Patterson 01/06/2022 01:21 PM
County Counsel (Originator) Hope Welton 01/06/2022 02:37 PM
Joanne Vanhoosear Joanne Vanhoosear 01/06/2022 02:46 PM
Elisa Sabatini Elisa Sabatini 01/06/2022 03:48 PM
Form Started By: Phil Pogledich Started On: 12/15/2021 02:26 PM
Final Approval Date: 01/06/2022

    

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