COUNTY EXECUTIVE OFFICE - E. COLIO WARREN
1. Approve contract for Tier 3 Public Defender Services with Ryan P. Murphy, for a term commencing October 1, 2026, through June 30, 2029, with County options for one or more additional one-year renewals, in an amount not to exceed $330,000.00, based on a fixed monthly compensation of $10,000.00 per month, and
2. Authorize the Chair, County Executive Officer, or designee to sign the agreement.
SBC FILE NUMBER: 149
CONSENT AGENDA
Indigent defense services in San Benito County are provided through separate contracts with public defense providers who coordinate to deliver the full scope of constitutionally and statutorily required appointed-counsel services. The County's Tier 3 provider, also known as the second alternate public defender, furnishes legal representation only after the County's Tier 1 and Tier 2 indigent defense providers are unable to accept an appointment because of an actual or potential conflict of interest, workload limitations, temporary incapacity, medical leave, disqualification, or other circumstance preventing representation.
Recent events underscored the critical importance of reliable backup capacity in the County's indigent defense system. The Tier 1 principal attorney experienced an unexpected injury requiring extended leave, during which Tier 1 attorneys and the Tier 2 provider collaborated to maintain coverage. Shortly thereafter, the Tier 2 provider experienced a similar injury requiring leave. These consecutive disruptions highlighted the need for sufficient backup capacity to ensure uninterrupted representation for indigent persons. The County's immediate operational need includes continuity of representation when other public defense tiers are unavailable, particularly in anticipation and prevention of potential coverage disruptions due to medical emergency, injury, incapacity, and related unavailability affecting Tier 1 and Tier 2 coverage. In response, the County entered into a temporary three-month Tier 3 agreement to provide interim coverage while a formal procurement process was conducted.
Scope of Tier 3 Services
Under the proposed Agreement, the selected Proposer will provide Tier 3 public defender services encompassing representation in criminal misdemeanor and felony matters, conservatorships, CARE Court proceedings, juvenile dependency proceedings, juvenile delinquency proceedings, habeas corpus proceedings related to underlying criminal cases, extraordinary writs, and change-of-venue matters as assigned. The provider will also serve as a reliable backup for Tier 1 and Tier 2 in the event of medical leave, injury, incapacity, disability, emergency, conflict, disqualification, excessive workload, court order, or any other circumstance that prevents timely and effective representation. Upon notice from the Superior Court or the County that Tier 3 coverage is required, the provider must promptly accept, staff assigned matters, and maintain sufficient attorney and support capacity to provide backup coverage without materially impairing representation of existing clients.
Procurement
The County's Purchasing Policy requires that personal service contracts over $100,000 utilize a formal RFP/RFQ process and receive Board of Supervisors approval. In accordance with these requirements, the County issued RFP #2026-01 for Tier 3 Public Defender Services on July 27, 2026, with a submittal deadline of August 17, 2026, not later than 3:00 PM Pacific.
The RFP was publicly noticed on the County's website and set forth the scope of work, proposal requirements, evaluation process, and contractual terms and conditions. The RFP solicited proposals from highly qualified attorneys and law firms to provide Tier 3 public defender services for eligible indigent persons in San Benito County trial court actions and proceedings.
Evaluation
An evaluation panel of at least three members reviewed and evaluated all responsive proposals received by the submittal deadline. Proposals were evaluated based on predetermined criteria as follows:
| Evaluation Criterion | Maximum Possible Points |
| Attorney and Team Qualifications (Section 3.2) | 25 |
| Experience Providing Public Defense and Comparable Legal Services (Section 3.3) | 25 |
| Service Approach, Conflict Screening, and Backup Coverage Plan (Section 3.4) | 15 |
| References (Section 3.5) | 10 |
| Cost Proposal (Section 3.6) | 25 |
| Total Possible Points | 100 |
The evaluation committee recommended the Proposer with the highest overall value for recommendation by the County Public Defender Oversight Committee and then for approval by the Board of Supervisors.
Public Defender Oversight Committee Review and Recommendation
Consistent with the anticipated schedule set forth in RFP #2026-01, the Public Defender Oversight Committee (PDOC) reviewed the evaluation results of the Agreement with Ryan Murphy at its meeting on September 14, 2026. This item is now presented to the Board of Supervisors for review and approval at its September 15, 2026 meeting, in accordance with the RFP timeline.
The proposed Agreement provides for a fixed monthly compensation of $10,000, resulting in a total not-to-exceed amount of $330,000 over the initial term of October 1, 2026, through June 30, 2029. Funding for Tier 3 public defender services is within the Public Defender budget, GL 101.15.1030.1000.619.268. Approval of this item will not result in a net increase to the County's General Fund expenditures for the current fiscal year.
1. Approve contract for Tier 3 Public Defender Services with Ryan P. Murphy, for a term commencing October 1, 2026, through June 30, 2029, with County options for one or more additional one-year renewals, in an amount not to exceed $330,000.00, based on a fixed monthly compensation of $10,000.00 per month, and
2. Authorize the Chair, County Executive Officer, or designee to sign the agreement.