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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
FROM:
Philip Morley, County Adminidrator
DATE:
Dec:ember 20, 2010
SUBJECT:
Amendment No.2 to Public Defender Agreement; Jefferson Associated
Counsel
STATEMENT OF ISSUE:
Board of County Commissioner approval is requested for Amendment No.2 to the Public
Defender Agreement with Jefferson Associated Counsel for indigent defense.
ANALYSIS:
On January 14,2008, Jefferson County entered into an agreement with Jefferson Associated
Counsel to provide indigent defense and related services in Jefferson County in 2008 and 2009.
On November 9, 2009, the County and JAC approved Amendment No.1, extending the term
through December 31, 2010, and providing for representation for an extraordinary criminal justice
case in Superior Court, now concluded.
Section 3: Case Load I Special Appointments of the original agreement establishes annual case
limits for the original scope of services by JAC and a process for evaluating and compensating for
cases in excess of these limits; and
By a letter received December 6,2010, JAC notified the County that JAC has exceeded the 800
District Court case limit. The County and JAC have subsequently evaluated the number and
nature of the Jefferson County cases to date and projected through the end of 2010 in District
Court, Juvenile Court and Superior Court, and reviewed the variety of approaches taken statewide
to determine "full case equivalents."
JAC states it is able to absorb any overage without exceeding individual attorney caseload limits
set forth in Standard 3 of Jefferson County Ordinance 04-0323-09.
Amendment No. 2 provides for $20,000 in additional compensation for cases above JAC's
original scope of services and will ensure continued and uninterrupted indigent defense at a
predictable and appropriate cost. As such, it is in the interest of both parties and in the public
interest.
FISCAL IMPACT:
This additional $20,000 can be absorbed by the existing Nondepartmenta1 budget of the General
Fund.
RECOMMENDATION:
Approve and sign the proposed Amendment No.2 to the Public Defender Agreement with
Jefferson Associated Counsel.
al/ct'o
Date
PUBLIC DEFENDER AGREEMENT
By and Between
JEFFERSON ASSOCIATED COUNSEL
And
JEFFERSON COUNTY
AMENDMENT No.2
Purpose: The purpose of this amendment is to provide additional compensation for
cases exceeding the 2010 annual caseload.
WHEREAS, on January 14, 2008, Jefferson County, a municipal corporation (herein
known as "County") entered into an agreement ("original agreement") with Jefferson
Associated Counsel, a non-profit corporation (herein known as "JAC") to provide
criminal defense and related services in 2008 and 2009 for indigent defendants and
other persons facing commitment or incarceration in Jefferson County; and
WHEREAS, on November 9, 2009, the County and JAC approved Amendment No.1,
extending the term through December 31,2010, and providing for representation for an
extraordinary criminal justice case in Superior Court, now concluded.; and
WHEREAS, Section 3: Case Load I Special Appointments of the original agreement
establishes annual case limits for the original scope of services by JAC and a process
for evaluating and compensating for cases in excess of these limits; and
WHEREAS, on November 1, 2010, JAC notified the County Administrator of the
potential for exceeding case limits, and by a letter received December 6, 2010, JAC
notified the County Administrator that JAC had exceeded the 800 District Court case
limit; and
WHEREAS, the County and JAC have subsequently evaluated the number and nature
of the Jefferson County cases in District Court, Juvenile Services, and Superior Court to
date and projected through the end of the year, and the variety of approaches taken
statewide to determine "full case equivalents;" and
WHEREAS, JAC notified the County it is able to absorb the overage without exceeding
individual attorney caseload limits set forth in Standard 3 of Jefferson County Ordinance
04-0323-09; and
WHEREAS, ensuring continued and uninterrupted indigent defense at a predictable and
appropriate cost is in the interest of both parties and in the public interest and
constitutes good and valuable consideration in support of this contract amendment;
AMENDMENT NO.2 TO PUBLIC DEFENDER AGREEMENT By and Between
Jefferson Associated Counsel and Jefferson County
NOW, THEREFORE, the parties agree the original January 14, Z008 agreement as
amended by Amendment No.1 is further amended as follows:
1. JAC will continue to take assignments for indigent defense through December 31,
2010 and pursuant to the original agreement.
2. The County shall provide JAC additional compensation of Twenty Thousand Dollars
Even ($20,000.00) to cover all cases above and beyond the original annual case
limits of 400 Superior and Juvenile Court cases and 800 District Court cases. This
compensation is In addition to, and separate from, the annual contract amount of
$405,193 per year for original services.
3. Except as set forth in this Amendment No.2, all other terms of the original January
14, 2008, Public Defender Agreement as amended by the November 9, 2009
Amendment No.1, remain in full force and effect.
APPROVED and signed this
day of
,2010.
Attest:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Loma Delaney, Clerk ofthe Board
David Sullivan, Chair
Approved as to Legal Sufficiency Only:
J211~/20 10
JEFFERSON ASSOCIATED COUNSEL
David Alvarez, Deputy P ecuting Attomey Richard Davies
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