The Board of Supervisors for the first time has approved a
contract with one attorney to handle cases the public defender
can’t take due to conflicts of interest.
Hollister – The Board of Supervisors for the first time has approved a contract with one attorney to handle cases the public defender can’t take due to conflicts of interest.
Officials hope the arrangement will save the county a bundle and improve indigent services at the same time.
After renewing Public Defender Greg La Forge’s contract for three years, the board contracted with attorney Harry Damkar to handle those clients La Forge can’t.
While government officials are pleased with the cost-saving maneuver, local attorneys may be forced out of business by the arrangement.
In the past, conflicted clients have been assigned to local and outside attorneys on a rotating basis.
However, there were no cost controls and no way to estimate the annual budget to the county. The county estimates the new arrangement could save up to $175,000 annually.
Damkar’s $115,000 contract will increase approximately $5,000 each year. The second place bidder was the Barker Law Group.
“(The costs) are always unpredictable concerning conflicts,” said Supervisor Reb Monaco. “This contract is a savings from last year.”
La Forge, whose new contract ranges from $290,000 the first year, $300,000 the second and $310,000 the third, represents 1,200 to 1,300 clients a year – about 85 percent of the court-appointed cases, he said.
The other 15 percent, which was being spread around to local attorneys, last year cost the county nearly $280,000 – more than La Forge’s current $260,000 contract, he said.
“It was costing a lot more because there was no checks and balances. This definitely will save the county money… and it will streamline the process,” La Forge said. “Our office is happy the board chose us to continue to represent the indigent clients in this county for another three years. It’s our goal to have effective, vigorous and creative legal advocacy.”
While La Forge and Damkar, who was unavailable for comment, can feel secure with their three-year contracts, nine-year veteran Roseanne McLane is worried she may have to close her doors when the contract goes into effect in July. With 98 percent of her clients appointed by the court, if the Hollister-based attorney doesn’t find more private clients to pay her office rent and utilities, she’s out of a job, she said.
“I knew they were taking bids, but they’d done that before and left it the way it was,” she said. “It’s very disheartening. I’ll take whatever private clients I can, but if I can’t make enough to keep my office open then I’ll close up shop.”
Included in La Forge and Damkar’s contracts is a provision for extra money to defend those accused of homicides – which take more time and therefore money than most other cases. Such cases will be capped at $25,000 each, La Forge said.
While $25,000 might seem cheap for a good homicide defense with a private attorney, local lawyer Arthur Cantu said that amount can buy a good defense at the public defender rate of about $80 an hour.
“It’s not outrageous. If it was a private attorney it would be much higher, but if it’s a public defender at a county rate it’s not that low,” Cantu said. “It’s a reasonable amount and La Forge has proven himself as a worthy defense attorney.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
