Review and recommend that the Board of Supervisors approve a professional services agreement with Ryan Murphy for Tier 3 Public Defender Services, in the amount of $10,000 per month, for an initial term commencing October 1, 2026 through June 30, 2029, with County options for one or more additional one-year renewals, and authorize the Chair of the Board of Supervisors to execute the agreement.
REGULAR 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.
During previous Committee meetings, it was reported that the principal attorney for the Tier 1 Public Defender experienced an unexpected injury requiring an extended leave of absence. During that period, other Tier 1 attorneys worked collaboratively with the Tier 2 provider to ensure uninterrupted representation for County clients. Shortly after the Tier 1 attorney returned to practice, the Tier 2 provider similarly experienced an injury requiring a leave of absence. These events highlighted the importance of maintaining sufficient capacity to ensure continuity of representation when unexpected absences occur.
Extended medical leave or other unforeseen circumstances can create temporary service gaps that exceed the capacity of the remaining providers. The RFP itself reflects this operational reality, noting that the County's immediate operational need includes continuity of representation when other public defense tiers are unavailable, and that the successful Proposer must be prepared to serve as a reliable backup provider for Tier 1 and Tier 2 in addition to handling ordinary Tier 3 conflict appointments. The Tier 3 provider must be available to provide coverage when Tier 1 or Tier 2 is unavailable due to medical leave, injury, incapacity, disability, emergency, conflict, disqualification, excessive workload, court order, or any other circumstance that prevents timely and effective representation.
To address the immediate need for coverage, the County entered into a temporary three-month agreement with a Tier 3 provider to assist with conflict matters, overflow assignments, and coverage during the Tier 2 leave of absence. Concurrently, the County issued RFP #2026-01 on July 27, 2026 to establish a broader Tier 3 provider capable of providing ongoing conflict representation, overflow services, and temporary coverage during periods of attorney unavailability.
RFP #2026-01 for Tier 3 Public Defender Services was issued on July 27, 2026, with a submittal deadline of August 17, 2026, not later than 3:00 PM Pacific. The RFP was posted to the County's website in accordance with the County's Purchasing Policy, which requires a formal RFP process and website notice for professional service contracts exceeding $100,000. The RFP closed on August 17, 2026, and proposals were received and evaluated consistent with the procedures set forth in the RFP and the County's Purchasing Policy.
Scope of Services. Under the resulting 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. The Tier 3 provider will also serve as a backup provider for Tier 1 and Tier 2 during periods of medical leave, injury, incapacity, or emergency. Upon notice from the Superior Court or the County that Tier 3 coverage is required, the provider must promptly accept and staff assigned matters unless representation would create an actual legal or ethical conflict. The provider must maintain sufficient attorney and support capacity to provide backup coverage without materially impairing representation of existing clients.
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.
Contract
The resulting agreement will commence on October 1, 2026 and end on June 30, 2029, unless sooner terminated. The County retains options for one or more additional one-year renewals as authorized by the County's Purchasing Policy and applicable approval authority. Compensation will be structured as a fixed monthly payment of $[Monthly Amount] per month, invoiced one month in arrears. The agreement will be substantially in the form of the Sample Agreement for Services included as Attachment B to the RFP. Termination by either party requires ninety (90) days' advance written notice.
Next Steps
This item will next be presented to the Board of Supervisors on September 15, 2026 for final approval. Upon Board approval, the agreement will be executed and services will commence on October 1, 2026. Contract award is by action of the Board of Supervisors and is not in force until fully executed.
Review and recommend that the Board of Supervisors approve a professional services agreement with Ryan Murphy for Tier 3 Public Defender Services, in the amount of $10,000 per month, for an initial term commencing October 1, 2026 through June 30, 2029, with County options for one or more additional one-year renewals, and authorize the Chair of the Board of Supervisors to execute the agreement.