Frequently Asked Questions About Appointment of Counsel

How does Sacramento County provide indigent defense representation in adult and juvenile criminal cases?

Sacramento County has chosen to provide primary representation through a county Public Defender  office,  currently directed by Public Defender Paulino Duran, and  staffed by attorneys and support staff  who are county employees.

Sacramento has chosen to provide secondary (conflict and overload) representation through a county Conflict Defender office (Conflict Criminal Defenders ) currently directed by Executive Director Fern Laethem, and staffed by support staff who are county employees. Legal representation is provided by independent contractor  attorneys who are members of the Bar Association Indigent Defense Panel, and  who are assigned to cases by the Executive Director of Conflict Criminal Defenders.

 

What is the Indigent Defense Panel?

Under the terms of a memorandum of understanding between Sacramento County and the Sacramento County Bar Association, the Bar Association is responsible, through a sub-committee (the Indigent Defense Panel Committee) for recruiting, classifying, and providing peer review oversight for the attorneys who are assigned by CCD and paid by the County, to provide conflict and overload indigent criminal defense representation.

 

Who is  appointed to a criminal case when a defendant is indigent and cannot retain counsel?

If the Judge determines that a defendant qualifies for the appointment of counsel, the Public Defender will  be appointed.

If  the Public Defender declares a conflict, or an overload, Conflict Criminal Defenders will  be appointed.

The Public Defender and Conflict Criminal Defenders are the two county departments that provide indigent defense representation in Sacramento County. The only difference is that while  the Public Defender will assign a staff attorney to the case,  Conflict Criminal Defenders will assign a panel attorney (a member of the Indigent Defense Panel,   who is an independent contractor,  to the case.

 

What do I do if I have a problem or concern about a panel attorney that Conflict Criminal Defenders has assigned to a case?

You have several options. You can contact Fern Laethem, Executive Director of CCD, (laethemf@saccounty.net) Kevin Adamson, Chair of the Indigent Defense Panel, (adamsonlaw@yahoo.com)  or Jan Karowsky, Chair of the Indigent Defense Panel Peer Review Sub-committee. (jdkjd@aol.com) The rules and policies governing the Indigent Defense Panel Peer Review Process can be found on CCD’s website at www.ppaccd.saccounty.net  click on policies, click on peer review.

 

What are the primary responsibilities of Conflict Criminal Defenders?

 CCD is responsible for:

• Assigning attorneys to CCD cases

• Reviewing and auditing attorney claims including substantive work product

• Approving and processing  attorney claims

• Training programs for members of the Indigent Defense Panel

• Reviewing, approving, and processing requests for investigators and experts

• Reviewing, approving and processing investigator and expert claims

• Working in conjunction with the Bar Association’s  Indigent Defense Panel Committee to develop and maintain consistent and high standards for panel membership.

• Providing assistance to the Courts in any area or issue relevant to indigent defense representation

• Maintaining a separate (from the Indigent Defense Panel) Sacramento County DNA attorney panel qualified to provide DNA litigation representation in those cases where the Executive Director determines it is necessary.