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Public defender proposes third indigent‑defense office to contain rising private‑counsel costs
Summary
Public Defender Luke Brownfield proposed creating an independent third 'alternate counsel' office to reduce reliance on expensive private appointed attorneys, estimating a build‑out near $2 million and noting hiring and space as short‑term obstacles.
Public Defender Luke Brownfield told the Board of Supervisors he is recommending creation of a third, structurally independent alternate conflict‑counsel office to reduce reliance on private appointed counsel and make indigent‑defense costs more predictable.
Lede: "We only have two private attorneys that are willing to take criminal cases," Brownfield said, describing difficulty finding private lawyers for conflict appointments and frequent withdrawals from appointed cases.
Nut graf: Brownfield outlined a multi‑year plan to add a separate alternate counsel office, overseen administratively by the public defender but ethically independent for casework. County staff estimated the office using conflict‑counsel budget norms would be just under $2,000,000; Brownfield and CAO staff said savings would be gradual and the primary near‑term benefit is predictability and continuity of representation.
Details: Brownfield said the county’s current reliance on private appointed counsel exposes the county to large, unpredictable bills when complex cases proceed to trial and private attorneys charge higher rates. He said the alternate counsel model would expand internal capacity (adding roughly five attorneys) and improve oversight and continuity; it may take a year or longer to realize budgetary benefits because many current cases already assigned to private attorneys will continue through the calendar year. "This will create a better defense system for those that are accused for crimes," Brownfield said.
Challenges raised: Supervisors and staff noted hiring five qualified attorneys would be difficult and that office space and startup costs must be addressed. CAO staff said the county’s current indigent defense spend ranges between $1.5 million and $2.0 million annually and that a contingency for a high‑profile case would still be needed during the transition.
Next steps: Brownfield said he will continue to refine the plan and staffing schedule; the board took no final action on the proposal during the hearing but accepted the departmental presentation for the record.
