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Public Defender urges seven hires to curb costly contracting; supervisors seek fiscal details and continue item

San Francisco Board of Supervisors Budget Committee · December 2, 2009
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Summary

Public Defender Jeff Adachi asked the committee to approve seven positions to reduce referrals to private counsel and save nearly $1 million; the controller and budget analyst disputed the scale of projected savings and the committee continued the item to the call of the chair for more fiscal analysis and coordination with supplemental funding needs.

Public Defender Jeff Adachi asked the Board’s budget committee Dec. 8 to approve seven vacant positions — including attorneys and paralegal/support roles — contending the hires would allow his office to absorb cases now referred to the private bar and save the city money over contracting costs.

Adachi said the seven positions would cost $640,000 on an annualized basis and cited a controller-derived per-case cost to estimate about $1.56 million in annual contracting costs; he calculated a potential savings of about $926,814 if the positions were filled. He told the committee that, since August, his office has declined representation in roughly 100 felony and 10 misdemeanor cases per month because of staffing limits and warned further referrals could increase overall costs to the city.

Budget analyst materials and the controller’s office presented a more conservative fiscal picture. The budget analyst noted table comparisons in the packet that show a much smaller immediate savings; the controller said a $3.2 million supplemental request may be needed for the superior court’s indigent-defense panel and that overall general‑fund constraints mean the controller cannot certify authority to hire without supplemental appropriations.

Supervisors pressed Adachi for a plan tying hires to measurable caseload reductions and asked how additional hires would relate to the city’s broader $522 million projected shortfall for next year. Adachi offered to consider a reduced request but emphasized his authority and ethical obligation to refuse representation if staffing would amount to malpractice.

After extended questioning and public comment in support of the public defender, the committee continued the resolution to the call of the chair so supervisors and the administration can reconcile staffing needs, supplemental funding, and midyear budget reductions.