Public defender says post-conviction relief intake paused as office seeks staffing fixes; Board requests evaluation of pre-arraignment interviews

Public Defender Damon Silva told the Santa Clara County Board of Supervisors that his office has suspended intake of new post-conviction relief cases after losing staff and one-time funding, and he pledged to work with county administration and community partners to restore capacity.

Silva said the office had been temporarily staffed by an additional attorney funded through a Board-created immigration emergency fund, but that funding "had long expired" and a specialist resigned, which led the office to pause accepting new post-conviction relief cases about four weeks earlier. "I am convinced and committed that we are going to restore the particular services," Silva told the Board.

Why it matters: Post-conviction relief work can prevent deportation or other severe consequences for people with old convictions; supervisors and the Public Defender agreed the county needs to move quickly to restore services while being cost-effective.

Board requests and evaluation: Supervisors asked Silva to return with an off-agenda report evaluating the modified pre-arraignment client interview process, including whether video arraignment and pre-arraignment interviews have improved outcomes and reduced transportation burdens. Silva agreed to coordinate reporting with the results of an upcoming UC Berkeley Computational Lab study and to provide interim updates as appropriate.

Other points: The Public Defender noted the office provides substantial record-clearance and expungement services annually and is coordinating with county offices and local law clinics to support pop-up record-clearance events where possible.

Outcome: The Board approved the item and asked for an off-agenda report on pre-arraignment communications and an estimate of resources required to restore the post-conviction relief services to earlier levels.