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Committee recommends creating a controller reserve for special‑circumstances indigent defense funding
Summary
Supervisors advanced a resolution to create an indigent‑defense special‑circumstances reserve (a $750,000 appropriation previously set aside) and adopt guidelines for release so the Controller's Office can authorize confidential funding for death‑eligible and life‑without‑parole cases; the public defender and superior court representatives supported the procedural change.
The Budget & Finance Committee recommended that the Board of Supervisors approve a resolution to place existing funds into a newly named indigent‑defense reserve for special‑circumstances cases and adopt guidelines for release of those funds by the Controller’s Office.
Sponsor Supervisor Campos said the transfer reflects longstanding city practice of reserving funds for high‑cost cases that require immediate, confidential expenditures (for example, expert witnesses). Deputy City Attorney Cheryl Adams clarified that the action is a movement of money already in the budget and the adoption of release criteria—not an immediate expenditure. Public Defender Jeff Adachi described three justifications for the reserve: the inability to predict and the high cost of litigation in special‑circumstances cases, the need for rapid response, and confidentiality requirements tied to penal code and court precedent.
Leah Levinson of the Controller’s Office explained the change is primarily procedural: the Controller will now act on the documentation required by the new guidelines rather than rely solely on a court‑signed item. Budget staff noted the $750,000 appropriation is composed of $500,000 carryforward funds and $250,000 appropriated in 2011–12 and that approval is a Board policy decision. The committee moved the item forward with recommendation.
