First Tier Conflict Indigent Defense Services

1.1. Introduction The County seeks to procure indigent defense services for cases in which the Office of the Public Defender (PDO) is prevented from providing representation due to ethical conflicts or conflicts of interest (first-tier conflicts). The County seeks proposals that are independent, effective, transparent and fiscally responsible; and consistent with both Constitutional mandates as well as nationally recognized and California-specific standards for indigent defense. First-tier conflict indigent defense services are currently delivered by a contracted conflicts firm, and the contract will expire on June 30, 2027. The provider is anticipated to begin accepting cases on July 1, 2027. There is the potential of some administrative work beginning March 2027, for any cases that may need to be transferred from the current vendor to a new vendor. Conflicts will be determined and appropriately resolved in accordance with California Rules of Professional Conduct, as interpreted by the California Bar Association and /or opinions of the state judiciary, and according to the American Bar Association Standards for Criminal Justice, as linked under "Philosophy and Program Goal." 1.2. The Existing Model The existing contract for first-tier conflict legal services will expire on June 30, 2027. Pursuant to the County's Purchasing Policy, a formal solicitation for a new agreement is being issued to ensure transparency, fiscal responsibility, and optimal service delivery. The current model described above represents approximately 850 cases per year that the Public Defender's Office (PDO) cannot represent due to a conflict of interest. 1.3. Anticipated Caseloads based on 4-Year Averages Based on historical caseloads from the last four years, the average annual caseload for first-tier conflicts is estimated at 800 - 850 cases per year. The following breakdown is for planning purposes only, and not a guaranteed volume of assignments. Table 1. Estimated Caseload by Type Case Type Average Number of Cases Annually Misdemeanor 336 Felony 279 Juvenile Matters 29 Other 14 LPS 14 PRCS 11 Resentencing 16 Felony Probation Violations 104 Misdemeanor Probation Violations 36 Juvenile Probation Violations 8 Total 847 1.4. Philosophy and Program Goal The County intends to provide representation that is independent, client-centered, and effective – as required by the Constitution. Effective defense – especially for clients experiencing mental and behavioral health symptoms - requires an interdisciplinary approach to pursue deflection and diversion, present social histories and other mitigation to advocate for fair outcomes and allow clients to participate in their defense as constitutionally required. An ideal provider will be able to provide this community-based, whole-person representation that addresses legal and related social needs, with the goal of improving client outcomes, reducing unnecessary system involvement, and promoting community safety. The successful public defense provider will have clearly established policies, procedures, and experience with addressing barriers to facilitating access to necessary client services. Respondent must provide clear examples of how they practice good stewardship and fiscal responsibility by leveraging available revenue, actively seeking additional funding opportunities, and providing transparent documentation. Services must be delivered in alignment with the following relevant standards and best practices: California Rules of Professional Conduct California Standards for Contract & Panel Systems State Bar of California: Guidelines on Indigent Defense Services Delivery Systems American Bar Association Ten Principles of a Public Defense Delivery System Working knowledge of the National Public Defense Workload Study , case weighting and the National Association of Public Defense (NAPD) benchmarks for interdisciplinary defense teams. Public defense provider shall ensure representation remains independent and free from improper judicial, political, or administrative influence consistent with professional obligations. To that end, the proposal should include a budget for any costs incurred in the course of performing services under this contract. Respondents must include itemized costs for contracted experts, social workers or similarly appropriately qualified staff, or investigators. The public defense provider will only be paid for services at set negotiated rates, as provided, and appropriately itemized per the County's requirements. Public defense provider will attend stakeholder meetings regularly – including but not limited to Criminal Justice Partner meetings, Incompetent to Stand Trial (IST) workgroup, Release to Program Workgroup, and other groups at the request of the County - as the conflict representative to enact changes in practice in response to new rulings and any other changes or trainings.