District Attorney John Sarsfield still thinks San Benito County
should join forces with the Monterey County Public Defender’s
Office to save money, and he hopes a survey of public defense costs
in eight similar sized counties will convince the Board of
Supervisors he’s right.
District Attorney John Sarsfield still thinks San Benito County should join forces with the Monterey County Public Defender’s Office to save money, and he hopes a survey of public defense costs in eight similar sized counties will convince the Board of Supervisors he’s right.
Sarsfield’s office is conducting the survey of those counties’ means – and costs – of providing public defense. He hopes to have it finished to present to the board during Tuesday’s budget discussion, he said.
San Benito contracts with private attorney Greg LaForge for public defense. The county will spend $624,000 on public defense this fiscal year, with LaForge’s salary and the fees of lawyers appointed if he has a conflict that prevents him from taking the case. Of that, LaForge gets $260,000 – which also goes toward other office expenses.
Sarsfield thinks the county can do better. Monterey officials analyzed San Benito’s caseloads since 1993, and estimated a partnership would save about $150,000 per year, he said.”I believe we can do it cheaper and possibly better in the sense that we could deliver the services, enhance the services,” Sarsfield said.
But LaForge said forming a joint public defender’s office with Monterey County would not save money, and that Sarsfield has no authority to make recommendations about public defense spending.
“It is so wrong for the DA to attempt to choose his adversary in court,” LaForge said. “I can tell you he wants his buddies in here so he can have a smooth ride.”
LaForge was referring to Sarsfield’s previous post as a deputy district attorney in Monterey County.
Sarsfield will present the gathered information, he said, because of San Benito County’s projected $4 million deficit. Over the next two months, supervisors will be slashing expenses previously requested from department heads.
Public defense spending is allocated out of the county’s general fund, which also pays for the Sheriff’s Department budget and other everyday operational expenses.
“He’s just throwing numbers out there,” LaForge said.
The eight counties Sarsfield’s office is analyzing, he said, all have populations within 5,000 to 10,000 of San Benito – which is approaching 60,000 residents. He said that two-thirds of the state’s counties maintain public defense offices. Although, LaForge pointed out, and Sarsfield acknowledged, the other one-third is mostly composed of small counties.
Sarsfield broached the idea with the board in March. Making such a move would give the board authority to oversee public defenders. But board members tabled the idea in order to get more information, then extended LaForge’s contract for a year.
During that meeting, County Administrative Officer Terrence May publicly confronted Sarsfield about his efforts to alter the local public defense system.
May revealed that Sarsfield asked him that the county not employ local attorneys LaForge, Arthur Cantu and former District Attorney Harry Damkar; Sarsfield has clashed with all three since he took office in early 2003.
Sarsfield at the meeting denied May’s allegation. May was out of his office Thursday and could not be reached.
The hostile relationship between Sarsfield and LaForge, the district attorney said, is not why he’s conducting the survey and pushing for change. He’s doing it, he said, only to explore cost-cutting alternatives.
“We’re in a budget crisis, and that’s no exaggeration,” Sarsfield said.
LaForge, however, believes the county would actually lose money because his salary and other conflict lawyers’ fees do not cover benefits.
And LaForge called the district attorney’s continual attempts to form a joint public defender’s office a “crackpot obsession.”
Dave LaBahn, head of the California District Attorneys Association, said he doesn’t necessarily view Sarsfield’s outspokenness on public defense as an ethical problem.
“I think there are times, especially if something’s not working, that prosecutors speak up,” LaBahn said.
Even with LaForge’s contract that runs through June 2005, Sarsfield said it is “really only month to month” and could be terminated with 30 days notice.
Supervisor Reb Monaco commended Sarsfield for examining a cost-cutting alternative – “at least to put it on the table to look at,” he said.
“I appreciate the fact that he’s making an effort to save the county money,” Monaco said.
Kollin Kosmicki can be reached at 637-5566, ext. 331 or at
kk*******@***********ws.com.
