Contra Costa Superior Court Shifts Provision of Attorneys for Dependency Proceedings From Public Defender’s Office to Legal Aid
Friday, April 06, 2007
- Organization: Brennan Center Legal Services E-lert
A recent change in the method of providing legal representation to parents and children in dependency cases in Contra Costa County, California is causing conflict within the county's legal community. Currently, attorneys in the approximately 3,000 dependency cases each year in which a family is unable to afford a lawyer are provided by the Public Defender's Office and the Contra Costa Bar Association Conflict Panel.
Starting on July 1, 2007, the Contra Costa County Superior Court will contract with Legal Aid Society of Santa Clara County to provide representation in dependency cases to parents and children who are unable to afford attorneys. Legal Aid's proposed pay structure for these cases will be based on a fixed amount for each case, which the county estimates will save $1 million annually while maintaining high quality legal representation. Currently, panel attorneys who represent clients in dependency cases are paid $75 per hour. Legal Aid plans to hire an additional seven attorneys to handle the dependency cases and will form a county-wide panel of 15 private attorneys to whom it will refer cases. Critics of the change in providers, including some public defenders, argue that the lawyers under the old system had specialized knowledge of dependency cases and relationships with the communities they were serving. The same critics also expressed concern that the new fixed-rate pay structure will reduce the quality of representation.
Tony Estremera, the executive director of Legal Aid, defends the new system, saying, "We want attorneys who are practicing in the court now. The objective for us is to represent the children, not to get new work for our staff." Bruce Gerstman, Contra Costa Opts for Cheaper Lawyers, Inside Bay Area (Cal.), Mar. 21, 2007; Bruce Gerstman, Family Court Reorganization Stirs Debate, Inside Bay Area (Cal.), Mar. 21, 2007; David Coleman, David Coleman From the Legal Community: Low Bid Ill Serves Kids, Contra Costa Times (Cal.), Mar. 24, 2007.
Starting on July 1, 2007, the Contra Costa County Superior Court will contract with Legal Aid Society of Santa Clara County to provide representation in dependency cases to parents and children who are unable to afford attorneys. Legal Aid's proposed pay structure for these cases will be based on a fixed amount for each case, which the county estimates will save $1 million annually while maintaining high quality legal representation. Currently, panel attorneys who represent clients in dependency cases are paid $75 per hour. Legal Aid plans to hire an additional seven attorneys to handle the dependency cases and will form a county-wide panel of 15 private attorneys to whom it will refer cases. Critics of the change in providers, including some public defenders, argue that the lawyers under the old system had specialized knowledge of dependency cases and relationships with the communities they were serving. The same critics also expressed concern that the new fixed-rate pay structure will reduce the quality of representation.
Tony Estremera, the executive director of Legal Aid, defends the new system, saying, "We want attorneys who are practicing in the court now. The objective for us is to represent the children, not to get new work for our staff." Bruce Gerstman, Contra Costa Opts for Cheaper Lawyers, Inside Bay Area (Cal.), Mar. 21, 2007; Bruce Gerstman, Family Court Reorganization Stirs Debate, Inside Bay Area (Cal.), Mar. 21, 2007; David Coleman, David Coleman From the Legal Community: Low Bid Ill Serves Kids, Contra Costa Times (Cal.), Mar. 24, 2007.
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