[San Mateo County] Civil grand jury suggests improvements, county providing audit ahead of contract talks
In
the wake of a 2020 civil grand jury report recommending significant oversight
and improvement to the county’s Private Defender Program, both the county and
the organization are committed to changes and improving services.
“I
think this is really a golden opportunity for us to take the feedback, take a
serious look at what we can do better and ask for the contract and money to do
it. We have no lack of motivation to do all the things that can be done. The
current structure of the program does have limits, but we are hoping to expand
those,” said Lisa Maguire, the chief defender of the Private Defender Program.
Established
in 1968, the Private Defender Program, or PDP, provides indigent defense
representation to all people facing charges from the San Mateo County District
Attorney’s Office. The report evaluated if recommendations from a 2015 civil
grand jury report around improvements occurred in finances, operations, county
oversight and legal representation. The 2020 report recommended increased
county oversight on finances, improvements to PDP services and an independent
review to evaluate the program and estimate costs to improve the PDP model.
San
Mateo County contracts with the San Mateo County Bar Association, or SMCBA, to
provide attorneys to defendants through the PDP program, which has a staff of
15 full-time employees, led by Maguire, who oversees operations and reports to
the SMCBA board. Staff assigns cases to around 100 attorneys who are
independent contractors.
San
Mateo remains the only county in California with a population over 500,000 that
does not have a county public defender’s office and instead contracts with an
organization. Maguire doesn’t believe one model is better than the other and
that both are effective for providing quality defense. She said the county’s
model provides defense lawyers with more flexibility and control over their
practices and convinces more lawyers to stay. Maguire predicted if San Mateo
County moved to a county public defender office, it would likely reduce the
number of lawyers available to DA’s Office levels but keep a similar workload.
“I
do think that’s the model that will continue. I think that’s for good reason.
It makes a lot of sense. It’s working, and there’s no reason it can’t continue
to work and even improve,” Maguire said.
San
Mateo County Manager Mike Callagy agreed, saying there was no evidence that any
other program would do better than the PDP, and he believes there is good
leadership in place. He did not express any interest in changing models, saying
the current one is viable and works for the county and provides flexibility and
freedom for attorneys.
Callagy
said the county is currently evaluating a firm to lead an independent audit to
evaluate the PDP program for potential changes. The county was slated to make a
decision Friday if the firm is qualified. If picked, the county will negotiate
a contract, leading to a much quicker timeline and process instead of
reapplying for bids. Callagy said the firm specializes in reviews of defense
program performance. No timetable or deadline is required for either side to
finish the review. He expects any needed changes suggested to be in the new PDP
contract later this summer to ensure a vigorous and balanced defense program.
“We
are going to take a very hard look at any suggestions that they offer,” Callagy
said.
Criticisms
Maguire
said her program takes the grand jury criticisms seriously and is addressing
issues around finances, resources and services, but didn’t agree with all of
the report findings.
“There
are certainly several areas of the report that I feel like don’t give an
accurate picture in terms of the comparison between the work we do and the work
the DA’s Office does,” Maguire said.
She
said the criticism about a lack of oversight was misinterpreted, as the PDP
does provide oversight monitoring for quality control but doesn’t interfere in
the case.
“We
don’t micromanage, and we don’t interfere. The clients are given a competent,
dedicated criminal defense attorney who is doing criminal defense,” Maguire
said.
Apples to oranges
Maguire
and San Mateo County District Attorney Steve Wagstaffe said the differences
between the DA’s Office budget and the PDP budget were like comparing apples to
oranges. Both said it was due to the retirement benefits of numerous employees
that the PDP does not have. According to the grand jury report, the DA’s Office
budget is $45.2 million, and the PDP budget is $19.6 million, which was found
to be concerning.
Wagstaffe
said a significant portion of the budget is for salaries and benefits and is
not used directly for court cases or proceedings. He cited that the PDP uses
independent contractors and doesn’t pay salaries to support employees. The DA’s
Office also has programs and expenses beyond just prosecution, like providing
crime victims services. He did not believe the funding imbalance affects the
legal process.
Maguire
agreed, adding, “our money more directly goes to the service of our clients,
while a lot of their money goes into running a big governmental agency.”
She
said that there is a lot of change in communities, and public expectations for
defense lawyers are higher than 15 years ago. People now expect lawyer services
and knowledge around client background through mitigation reports, mental
health diversion options and resentencing options for clients.
“We
are definitely providing a lot more of those types of services, which are
becoming more and more recognized as important in understanding big pictures
instead of moving people through the system as just a case,” Maguire said.
Changes planned
To
address problems, the PDP is hiring another staff attorney to help with
tailored training and oversight for attorneys and is adding a social worker
position to help bridge gaps in the system, help educate lawyers and reach out
to community-based organizations. It hopes to expand services and contract
terms to get earlier and longer representation for clients. Maguire said the
county manager’s office was encouraged to learn of the staff additions. She
hopes a contract extension would include more options and funding to add
services.
The
biggest benefit from expanding its services and budget would be representing
clients at an earlier stage before the court arraignment when a defendant is
advised of the charges against them and asked to enter a plea. It would allow
the PDP to advise clients lost in the process and need legal help before
arraignment.
“I
think that the best thing that could come out of this is the ability to just
expand the representation we can give them,” Maguire said.
Daily
Journal
Curtis Driscoll
March 15, 2021
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