San Benito County Eyes $1.7 Million Grant to Enhance Indigent Defense Services

The Office of the State Public Defender (OSPD) has provided San Benito County with a significant opportunity to improve its indigent defense services through a three-year grant worth $1.7 million. After facing challenges in offering adequate legal representation to low-income individuals, the San Benito County Board of Supervisors unanimously approved the submission of a grant proposal on October 13, 2023. This proposal was due just two days later, on October 15.

A Long-Awaited Change

County Counsel Gregory Priamos expressed that the moment had been anticipated for some time, highlighting concerns raised earlier in 2023 regarding the county’s indigent criminal defense services. In response to these concerns, the supervisors opted to evaluate the services with the assistance of OSPD. The resulting assessment, published in 2024, identified severe inadequacies in the representation provided to clients.

Assessment Findings

The assessment revealed troubling statistics regarding the effectiveness of the contracted public defender firm. Notably:

• 67% of clients reported minimal interaction with their attorneys, speaking for less than five minutes.
• 52% of clients indicated they did not speak with their attorneys at all.
• High turnover rates and a lack of leadership structure further compromised the services.

In light of these findings, the county has since taken initial steps to remedy the issues, including the formation of a public defender oversight committee, which includes Supervisors Mindy Sotelo and Angela Curro.

A Commitment to Improvement

Supervisor Sotelo commended the oversight committee’s commitment to effecting genuine change in the indigent defense system. She emphasized that public defense is the only constitutionally mandated service within the county and views the grant as a pivotal chance to demonstrate progress.

Supervisor Curro recognized the community’s involvement in refining the defense system and acknowledged the county’s contract attorneys for their dedication despite facing limited resources. She highlighted this grant opportunity as critical for establishing a stronger framework for legal defense.

Funding and Future Plans

Priamos detailed the existing three-tier legal counsel system currently operational in San Benito County, which includes defense attorneys Pamela Brown, Ryan Murphy, and Harry Damkar. He noted their commendable work and reassured that proposed changes would not displace existing staff.

The county is looking to access about $1.7 million through a funding initiative, which is part of a larger $5 million allocation under AB 109 for the development of a public defense system. In addition to San Benito, Del Norte County may receive approximately $900,000, while Mariposa and Mono counties are eligible for around $700,000 each. The upcoming grant cycle will introduce $1 million in competitive funding, available by October 2027.

Path Forward

Priamos articulated that the funds would facilitate advancements in indigent defense services by allowing for the establishment of an institutional public defender office or a structured, managed assigned counsel system. Although collaboration with neighboring counties to form a regional public defender office is not currently feasible due to a lack of partnerships, San Benito County remains committed to innovation in its legal services.

Additionally, the county is in the process of developing an eligibility form for public defender services, awaiting approval from San Benito County Superior Court’s presiding judge, Omar Rodriguez. This new approach aims to ensure fair access to legal representation based on financial need, aligning with legal requirements and moving away from the current practice.

Community Response

Community members expressed relief at the supervisors’ decision to advance the indigent defense overhaul. Resident Stacie McGrady spoke at the supervisors’ meeting, voicing her support and optimism for the proposed changes. Supervisor Kollin Kosmicki noted that this initiative represents a monumental step towards achieving justice and equality for all individuals within the county.

With the future chief public defender overseeing improvements and maintaining a quality assurance system, the county aims to sustain progress beyond the grant’s three-year period. “We must be able to sustain the improvement,” Priamos stated, underlining the importance of long-term planning in the provision of legal services.

San Benito County is poised to implement a robust indigent defense system that not only meets constitutional requirements but also enhances the quality of legal representation for its most vulnerable residents.

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