Evaluation of the Private Defender Program

The County Executive’s Office is soliciting proposals from qualified contractors to evaluate the County’s Private Defender Program. Since 1969, the County has contracted with the San Mateo County Bar Association (the “SMCBA”) to provide indigent defense services through the Private Defender Program (the “PDP”). Under this agreement, the SMCBA contracts with approximately 116 attorneys to represent adult defendants and minors in criminal cases, probate and Lanterman-Petris-Short conservatees, along with children and adults in dependency court.

As detailed further below, the County seeks a qualified contractor with broad experience in evaluating indigent defense programs, including assessing how the PDP’s performance compares to applicable national and state guidelines and best practices for indigent defense programs. Ultimately, the County expects the selected contractor to prepare a written report detailing its evaluation findings, its methodology of data collection and analysis, and its recommendations for how to improve indigent defense in the County.

In 1963, the United States Supreme Court’s landmark decision in Gideon v. Wainright established that anyone charged with a crime who cannot afford an attorney has a constitutional right to counsel at public expense. Following this decision, the County in 1969 partnered with the SMCBA to establish the PDP to provide legal representation for clients charged with crimes in San Mateo County who cannot afford an attorney.

A “managed assigned counsel” system, the PDP oversees a panel of approximately 116 private attorneys who handle assigned court cases. Since the PDP’s founding in 1969, PDP attorneys have handled cases ranging from low-level misdemeanors to capital murder. PDP attorneys also represent children who have been abused or neglected, individuals living with serious mental illness, respondents in CARE Court cases, and older adults unable to manage their own affairs. The PDP provides panel attorneys with support services, including investigators, paralegal services, criminal immigration services, and social workers.

In May 2021, the County retained the consulting firm, Harvey M. Rose Associates, LLC, to conduct an independent assessment of the provision of legal services for indigent defendants by the PDP and to provide recommendations for improving indigent defense in the County. This assessment concluded that the PDP provides sufficient representation of indigent defendants in a cost-effective manner for the County but identified six areas for improvement with a total of 37 recommendations to address these areas for improvement.

Specifically, the assessment made recommendations to improve the PDP’s (1) data systems, caseload monitoring, and reporting, (2) management oversight and quality of representation, (3) training policies and compliance with such policies, (4) staffing for attorney supervision and use of investigators, (5) fee structure to incentivize panel attorneys to provide high-quality representation, and (6) fee submission policies, data entry, and billing procedures. Following this report, the PDP began work to implement these recommendations and continues to make improvements in the identified areas for improvement.

On June 8, 2023, the County and SMCBA entered into a five-year agreement to continue providing representation through the PDP. Before this agreement expires on June 30, 2028, the County desires to conduct an evaluation of the PDP to assess its performance in key areas against applicable performance guidelines for indigent defense programs. Accordingly, the County is launching this competitive request for proposals process to identify a qualified contractor to evaluate the PDP and prepare a report with key findings and recommendations for how to improve indigent defense in the County.