Mariposa supervisors to weigh future of indigent defense system

The Mariposa County Board of Supervisors will hold a special meeting Tuesday, Aug. 25, to discuss how the county should reshape its indigent defense system as costs rise, state reform efforts advance and a new funding deadline approaches.

The meeting, scheduled for 9 a.m. in the Board of Supervisors Chambers in the county government building on Bullion Street, is expected to center on possible alternatives to the county’s current flat-fee contract model for public defense services. No formal resolution is requested, but county staff is seeking direction before returning with a recommendation ahead of an October state funding deadline.

Mariposa County currently pays three contract attorneys a flat monthly fee to provide public defender services. When those attorneys identify a conflict, the county hires separate conflict counsel at an hourly rate. According to the staff report, indigent defense costs have doubled over the past five years, largely because of increases in conflict counsel expenses and higher contract payments.

The discussion comes as Assembly Bill 690 proposes to bar counties and courts from using flat-fee or per-case compensation contracts for indigent defense and to require contracts that provide attorneys adequate time and resources to competently represent clients. Although the bill is not currently scheduled for a vote, county materials describe it as part of the changing landscape facing local public defense systems.

Supervisors are being asked to consider three broad options: creating a county Public Defender Department, partnering with a neighboring county to form a regional Public Defender office, or establishing a Managed Assigned Counsel office.

A county department would offer direct oversight, supervision, attorney collaboration and a stronger recruitment pipeline, but staff identified it as the most expensive option and noted the county would still need conflict counsel. A regional office could spread costs and resources across counties, while a Managed Assigned Counsel model would retain independent contractors but add centralized administration, caseload tracking and shared support services.

The state has provided Mariposa County with $700,000 to support development of a new public defense structure to be used by 2029. To receive the funding, the county must submit a plan by Oct. 15, of this year.

Staff expects to return to the Board with a recommendation by Oct. 6, or sooner, and the funds are expected to be disbursed by Nov. 15.

The presentation also notes the possibility of additional competitive grant funding and identifies several other potential funding sources for public defense-related services, including opioid settlement funds, Medi-Cal administrative activities, CalAIM, public safety tax measures and criminal justice grant programs. Without Board direction, staff said the county would not be able to submit the required state plan and secure the $700,000 allocation.