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Kings County raises indigent defense hourly rate to $150, citing rising costs and workload
Summary
The Board of Supervisors repealed an older fee resolution and approved a new indigent defense fee schedule that doubles the $75 hourly rate for noncontracted and conflict-appointed attorneys to $150, with an estimated fiscal impact of $431,000 for FY 2025–26.
Kings County Board of Supervisors on Tuesday voted to repeal Resolution No. 24039 and adopt an amended indigent defense fee schedule that raises the hourly rate paid to noncontracted and conflict-appointed attorneys from $75 to $150.
The change, presented by Giselle Coyote of Kings County administration, is intended to better reflect current market rates for legal services and to address increasing demand on indigent defense following earlier criminal-justice adjustments. The county estimates the update will increase costs by about $431,000 and that amount will be incorporated into the recommended fiscal year 2025–26 budget.
Coyote told the board Kings County does not maintain an in-house public defender office and instead relies on a panel of contracted and noncontracted attorneys. The proposed resolution repeals the prior fee schedule and explicitly covers both noncontracted attorneys and contracted conflict attorneys appointed when a conflict arises. The administration said the $75 hourly rate had been in place for more than 30 years and was no longer adequate.
Board materials and Coyote’s presentation traced the evolution of the county’s indigent defense payments, citing earlier local resolutions and state policy changes including Assembly Bill 109 (AB 109) as factors that increased the local workload for defense counsel. The administration also said the county is creating a dedicated conflict panel to reduce ad hoc appointments and improve transparency in appointments and billing.
Supervisor Joan Neves moved adoption of the resolution; Supervisor Rusty Robinson seconded. The clerk called the roll: Neves — yes; Doug Verboone — yes; Rusty Robinson — yes; Robert Thayer — yes. One supervisor was absent. The motion carried and the resolution was adopted.
The board directed staff to incorporate the increased cost into the FY 2025–26 recommended budget and to monitor use of the amended fee schedule. County staff said they will continue to evaluate whether additional structural changes — including use of a permanent conflict panel — reduce the need for ad hoc billings and help control future costs.
Background: county staff said previous local actions dating to 2011, 2014 and later permitted various billing practices for contracted attorneys, and that the existing combination of flat-rate contracts with additional fee schedule billing had become unsustainable. The new resolution is intended to simplify compensation and reduce unexpected cost escalation.
The board took no additional action Tuesday to create an in-house public defender’s office; the change affects rates paid to attorneys who are appointed under the county’s current system.
