Agenda Item
Regular Meeting of the
Board of Supervisors
Tuesday, October 13, 2026

COUNTY COUNSEL - G. P. PRIAMOS
1. Authorize the County Executive Officer and County Counsel to submit the grant proposal to the OSPD for approval; and
2. Approve the Job Specification establishing the Chief Public Defender classification; and
3. Authorize amendment to the Salary Schedule to reflect the revised classification and compensation structure; and
4. Allocate a Chief Public Defender position to the Schedule of Authorized Positions for FY 26/27.
SBC FILE NUMBER: 160

REGULAR AGENDA

In response to serious concerns raised with respect to the quality and responsiveness of the County’s indigent criminal defense program, the San Benito County Board of Supervisors voted on May 23, 2023 to utilize the services of the Indigent Defense Improvement Division (IDID) at the Office of the State Public Defender (OSPD) to conduct an evaluation of the then current indigent defense system in San Benito County. OSPD and San Benito County Administration signed a Memorandum of Understanding between the agencies on June 29, 2023.

The OSPD Report was issued in 2024, and it found that the contract system was inadequate to ensure that community members with the fewest resources were consistently receiving effective representation. The indigent defense system was severely understaffed, resulting in defenders having insufficient time and resources to provide quality representation. The system was underfunded and even more so when compared to the funding provided to the prosecution and law enforcement agencies.

The OSPD determined that adding attorneys to the system alone would not solve the systemic problems that are inherent to a contract-based system. The system also had resulted in an alarmingly high turnover rate, inconsistency in representation for indigent clients and undue delays for court systems. The system also lacked effective supervision and leadership, resulting in unchecked gaps in representation and a void in a consistent public defense voice at stakeholder meetings.

Since that time, the Board of Supervisors has taken decisive action to address the deficiencies noted in the report.  The Board created the Public Defender Oversight Committee made up of two board members, the Chief Probation Officer, a representative from a non-profit, and a member of the public.

The Committee meets monthly with all stakeholders to address all issues affecting indigent defense services in the County. The County Counsel attends San Benito County Justice Partner Meetings on behalf of the Public Defender’s Office.

The Board also replaced the then criminal defense counsel with highly competent and experienced counsel, established panels of investigators and conflict counsel, dedicated more financial resources, and appointed the current County Counsel as the Public Defender Administrator.

The Budget Act of 2026 (AB 109) appropriated $5 million for start-up and implementation costs of establishing an institutional public defender office, a regional public defender office, or a county-run structured, managed assigned counsel system in four counties - Del Norte, Mariposa, Mono, and San Benito. The appropriation includes two funding components: 1) direct formula grants and 2) a competitive grant for further defense improvements.

The first funding component provides formula grants to Del Norte ($897,945), Mariposa ($700,000), Mono ($700,000), and San Benito ($1,702,055). Funding is contingent on participating counties providing a proposal and budget that complies with the purpose and allowable uses of the funds, and the proposal and budget must be approved by the Office of the State Public Defender (OSPD).

The second funding component is a competitive grant opportunity available to the four participating counties. The total funding for the competitive portion is $1 million, and the goal is to incentivize special projects or deeper expansion of the public defense organizations. Applications for this competitive funding opportunity will open in October 2027.  A separate RFA and application will be published for that grant process.

This grant program supports improving indigent defense systems by providing startup and implementation funds for establishing an institutional public defender office, developing a regional public defender office, or creating a county-run, structured, managed assigned counsel (MAC) system.

In the first phase, each participating county may apply for up to the full amount permitted by the formula grant. Indirect costs shall not exceed 10% of the overall budget proposal request and must be used to support the purpose of the grant.  Allowable uses for the funding include:

• Personnel costs for a Chief Public Defender, an experienced Defense Attorney Administrator, attorneys, investigators, social workers, administrative professionals, or other necessary staff;
• Contracting with an established institutional public defender office in a nearby county to establish a regional public defender office;
• Professional development, including training, memberships in professional associations, and conference attendance for indigent defense attorneys;
• Equipment, furnishings, and supplies necessary for the delivery of indigent defense services;
• Tools, including case management systems, online legal databases, and other technology that supports efficient administration or client representation; and
• Other reasonable planning and implementation costs directly related to improving the provision of indigent defense as approved by OSPD.

The grant program requires the establishment of certain indigent defense structures. For purposes of this grant, the definitional elements to those structures are as follows:

Institutional Public Defender Office

• A county department established pursuant to Government Code § 27700 to provide public defense services under the leadership of a Chief Public Defender.
• A sustainable county budget allocation sufficient to support personnel, facilities, technology, equipment, attorney training, and resources necessary to modern defense practice, including access to investigators, social workers, and other ancillary defense supports.
• An administrative and supervisory structure that incorporates data collection, performance standards, ongoing training requirements, and mechanisms for monitoring caseloads to ensure the provision of quality of representation.

Managed Assigned Counsel (MAC) System

• A county-led Managed Assigned Counsel (MAC) system consistent with the

California Standards for Panel and Contract Defense Systems includes:

• Leadership by an experienced Defense Attorney Administrator employed by the county to coordinate indigent defense services, assign cases, and ensure quality representation through attorney oversight.
• Representation provided by a panel of qualified attorneys compensated at a rate that reflects actual workload, subject to training requirements, practice standards, and ongoing evaluation.
• Access to investigators, social workers, and other ancillary defense supports critical to modern defense practice.
• Data collection tracking caseloads, attorney efforts, and case outcomes to inform attorney evaluation and panel policy.

Regional Systems: Public Defender Office or MACs

• Two or more counties partnering for the provision of public defense services through a shared structure consistent with the principles outlined above.

During the grant period, individual county grantees will meet quarterly with OSPD for technical assistance and support. In addition, OSPD will convene an annual meeting of all grantees. Most, if not all, of these meetings are expected to be held virtually. Meeting frequency and schedules are subject to change.

Funding provided pursuant to this appropriation must supplement, and may not supplant, existing county funding for indigent defense services.  Supplanting is the intentional reduction in the amount of federal, state, or local funds appropriated to an existing program or activity because grant funds have been awarded for the same purposes. Each county is responsible for ensuring that grant funds are only used for approved project activities and that supplanting does not occur. Counties must maintain sufficient financial records to demonstrate compliance with this requirement and show the appropriate use of grant funds.

Throughout the grant period, participating counties will provide semi-annual reports on use of grant monies, implementation progress, and system efficacy. The metrics will be designed to capture:

• Funds spent, staff hired, progress on proposed systemic changes.
• Data points relevant to alignment with the California Standards for Panel and Contract Defense Systems for MAC systems or national best practices for institutional public defender offices.
• Data on caseloads, attorney efforts, and case outcomes.

OSPD will collect and synthesize data for reporting and evaluation purposes. This data will be shared back with grantees as well as with policy makers at the conclusion of the grant period.

This is a three-year grant. The timeline below identifies anticipated project milestones for planning, disbursement of funds, implementation, and the competitive funding opportunity. Relevant dates within the signed grant agreements will supersede any dates listed here.

Competitive Grant

While the Board of Supervisors has taken bold and decisive action to address the issues identified by the OSPD, its work is not done.  This grant represents an exceptional opportunity for the County to make significant systemic changes which, without the grant funds, would not have been possible in the near term.

As is set forth in the attached grant proposal, the County of San Benito intends to first transition from its current managed-assigned counsel system to an OSPD compliant managed-assigned counsel system.  That will be accomplished with the following steps: (1) create the job description of Chief Public Defender and assign salary and benefits commensurate with District Attorney; (2) obtain approval from Board of Supervisors to create new position; (3) obtain approval from Board of Supervisors for amendments to FY26-27 budget for the Public Defender's Office; (4) recruit for and hire Chief Public Defender and Legal Administrative Assistant; (5) establish necessary office space, furniture, technology, etc. for the new office; and (6) renegotiate current indigent defense counsel contracts.

The Chief Defender will develop a workplan for establishing a compliant MAC system and transitioning to a hybrid indigent defense system.  The Chief Defender will also be tasked with evaluating the feasibility of an in-house public defender's office for all Tier 1 cases and utilizing contract counsel only for conflicts. The Chief Defender may elect to carry their own caseload, while also managing contract indigent defense counsel. The funds will support foundational staffing, infrastructure, and program development necessary to ensure high-quality, effective, sustainable, and community-responsive legal representation for all eligible county residents. The grant funds will initially be utilized to pay the Chief Public Defender and a Legal Administrative Assistant.  The Legal Administrative Assistant will support the Chief Defender and assist in managing the office, grant funds, reporting requirements, and contract professional services invoices.

The County also intends to contract for a part-time social worker to provide support for the Chief Public Defender. Contracting with a social worker from another agency will require special MOU to ensure the social worker is part of the defense team for confidentiality/privilege purposes. The County could consider a contract with its Health and Human Services Agency or look to the OSPD's defense social worker network.

Cases will be assigned by the Chief Defender who will also monitor caseloads of contract counsel.  Contracts with outside counsel will be amended from a flat fee to a hybrid event-based and hourly rate. The County will continue to fund social workers and investigators.  The Chief Defender will represent the defense function at justice stakeholder/county meetings as a county executive. The Chief Defender will monitor and ensure quality representation, including how client concerns/complaints will be addressed.

San Benito County is already investing in the Karpel case management system that will be utilized by the public defender's office and the contract public defenders while maintaining ethical walls between the lawyers. The case management system will also connect to the system utilized by the district attorney's office which will allow streamlined case workflows and better tracking of public defender outcomes and client equity metrics. OSPD will be sharing exact data metrics later this month. Grant funds will also be used to allow the public defender to electronically receive discovery directly from the DA's office and for the public defender case management system to receive case information and data directly from the court system.

The goal for the grant funds is to establish a strong institutional foundation focused on high-quality representation, community engagement, and long-term sustainability with data collection capabilities that will meet all required reporting requirements.

As stated, the County must sustain the investment to improve the quality and responsiveness of its indigent criminal defense services. At the end of the three-year grant period, the County must continue to budget for the additional investment over the adopted FY26-27 budget, an investment of between $500,000.00 - $600,000.00. The Chief Public Defender will also be evaluating the costs and actions necessary to transition to an institutional public defender office and will develop the budget for Board consideration.

Once the first distribution of $1 million in grant funds is made, staff will return to the Board for approval of a budget amendment to the FY26-27 adopted budget and then begin the recruitment for a Chief Public Defender.

1. Authorize the County Executive Officer and County Counsel to submit the grant proposal to the OSPD for approval; and

2. Approve the Job Specification establishing the Chief Public Defender classification; and

3. Authorize amendment to the Salary Schedule to reflect the revised classification and compensation structure; and

4. Allocate a Chief Public Defender position to the Schedule of Authorized Positions for FY 26/27.