Lee County Commissioners debate reissuing RFP to hire contract prosecutors for difficult cases

County staff presented a proposal to reissue a request for proposals to contract two attorneys to assist the Fifth Judicial District Attorney's office with difficult domestic-violence and sexual-assault prosecutions. The county manager explained the original RFP issued in October received no qualified responses and staff recommended reissuing a more detailed RFP that would allow experienced prosecutors to apply even if they do not live in Lee County.

Several commissioners pushed back on the plan. One commissioner said hiring prosecutors would change the structure of county government and could create the obligation to provide defense counsel, arguing "If we're going to hire prosecutors, then do we have also the obligation to hire public defenders?" The commissioner asked whether the county could instead reimburse the state for ADAs assigned to the county so the attorneys would remain state employees.

A district attorney representative and county staff said the positions would be contract attorneys working for the DA's office and that the state currently struggles to recruit experienced attorneys at entry-level salaries; staff noted the state base entitlement typically funds less-experienced hires and the county hopes contracting would attract prosecutors with specific experience in complex cases. The DA's office estimated a contracted attorney might carry a caseload in the range of dozens of cases, freeing the office to prepare sensitive prosecutions.

Because substantive legal and liability questions remain, the commission agreed to have commissioners submit specific questions to staff and to return the matter as an action item at the March 12 meeting so staff can provide answers and recommended wording for any reissued RFP. No formal authorization to issue contracts was made at this meeting.