Merced County plans to hire new legal defense firm. Here’s why it matters to you.

Merced County appears poised to change who it pays for local criminal defense work.

The move would end a 14-year partnership with a Merced attorney and his subcontractors and bring in a defense firm from outside Merced County. Leading criminal attorneys in Merced say that decision could delay dozens of homicide cases and drive up costs at a time when the county has said it wants to save money.

The county’s current contract with the Merced Defense Associates expires next month. Those contracted attorneys are handling more than 30 homicide cases, said Tom Pfeiff, the MDA administrator.

County staff requested bids for the service in August after Supervisor Jerry O’Banion recommended it. Two law firms responded – MDA and Ciummo & Associates, a legal defense firm that works in Madera and Fresno, among other counties throughout the state. The county has drafted a five-year contract with Ciummo for about $9.5 million, a price about $1.5 million lower than MDA’s proposal.

While the Public Defender’s Office represents suspects who cannot afford to hire private attorneys, cases are referred to MDA when the county public defenders have a potential conflict of interest, such as representing a co-defendant in a case.

“The truth is, you never know when somebody you know and love will become involved in the system,” Pfeiff said. “It happens all the time. These are our basic constitutional rights that we defend every day and apply equally to everybody.”

Officials with both the public defender’s office and district attorney’s office worry the new contract will disrupt the court calendar, prolonging current homicide cases and potentially costing the county additional money.

Homicide cases are the top concern for both offices since more than 90 murders were committed in Merced County between 2012 and 2015, the highest rate per capita compared to any other county in the state.

“If MDA is out and a new firm comes in, those cases would start all over again. It will be a huge problem,” said Rob Carroll, chief deputy district attorney. “So far they’re moving through the court fairly well. Everyone is doing their job. Starting the process over on those cases would be a nightmare.”

Pfeiff said judges would determine on a case-by-case basis if new attorneys should take over the homicide cases. Judges could choose to appoint attorneys previously under the MDA contract, who would, in turn, charge the county to represent their clients on an hourly rate.

David Elgin, the county’s public defender, said the cost of appointing new attorneys would have a ripple effect, potentially adding large expenses for the county government, including his office, the district attorney, and the sheriff.

Carroll agreed, saying it would require more man hours for prosecutors. “Man hours equal money,” he said.

But Michael Fitzgerald, the CEO and part owner of Ciummo, said his firm intends to hire as many local attorneys as possible.

“We make it our goal not to cause any unnecessary delays,” Fitzgerald said. “We want to hire the best attorneys available. Our goal is to hire someone who knows the system and is going to stay in the area.”

MDA currently contracts with nine regular attorneys, two to five additional attorneys for potential conflicts, and five private investigators. The attorneys contracted through Pfeiff have an average about 22 years of total legal experience.

“We value longterm relationships with our clients,” Pfeiff said. “The experience and contacts within the court and community are invaluable, not to mention our expertise.”

The unofficial contract with Ciummo includes seven staff attorneys, six contract attorneys, and two investigators.

The contract was set to go before the board of supervisors on Tuesday, but after Pfeiff filed a protest on Wednesday the agenda item was taken off, said Mike North, a county spokesman.

Pfeiff said he filed the protest “as part of the process.” He declined to elaborate on Friday.

“I think everybody is just trying to do the right thing,” he said.

This story was originally published May 5, 2017 at 5:54 PM with the headline "Merced County plans to hire new legal defense firm. Here’s why it matters to you.."