Proposed 2026-27 Budget

Overall Budget Summary

The Proposed Budget recommends increasing staffing to 70.0 full-time equivalent (FTE) positions, which is a net increase of 5.0 FTE from the prior fiscal year. The creation of the APDO requires additional staff to absorb work that is currently performed by a contractor and will allow for the conclusion of that contract. Appropriations total $20,810,738, funded by revenues of $976,265, a General Fund Contribution of $18,228,942, and the one-time use of General Fund Reserves of $1,605,531.

Budget increases include $2,274,624 in negotiated salary and benefit increases. These increases are partially offset by salary savings. Additionally, services and supplies decrease by $1,424,905 across the Primary and Conflicts Offices due to the conclusion of professional services contracts. Revenues decrease by $524,326 from Fiscal Year (FY) 2025-26 due to the expiration of one-time Assembly Bill (AB) 1869 criminal justice fee backfill funding.

Establishing the Alternate Public Defender’s Office

The Proposed Budget implements significant structural changes, addressing County fiscal constraints while preserving positions and increasing access to consistent representation across the indigent defense system. The APDO adds 8.0 FTE positions, filled by 7.0 existing staff from the Primary Office, which will manage first-tier conflict cases and improve operational efficiency, allowing for the conclusion of the main conflicts contract on September 30, 2026. The APDO expects only one external recruitment for an Attorney III to promote an orderly transition. To offset the cost of this new office, the Primary Office will unfund 2.0 FTE positions as of July 1, delete an expiring vacant limited-term Administrative Aide, and backfill certain positions at lower classifications. These changes result in the net increase of 5.0 FTE positions. The new office is expected to generate $26,000 in Medi-Cal Administrative Activities (MAA) revenue. When the APDO opens on October 1, 2026, the Primary Office will unfund 2.0 FTE positions vacated by incumbents transferring to the APDO.

To meet budget targets, existing staff will be reassigned to the APDO, resulting in a 6.25% reduction in Primary Office capacity, alongside a 10.3% increase in workload across both operational offices, and a 3.8% net reduction in overall system capacity. While this restructuring stabilizes services within available funding, the reduced capacity increases workloads for remaining staff in the Primary Office and may necessitate adjustments to service delivery, including increased conflict declarations and longer case processing timelines. Despite risks, this approach reflects a balanced path forward within available funding. Compared to the previous contractual model using external counsel for first-tier conflicts representation, this restructuring avoids $2,669,000 in further reductions and the elimination of 11.0 FTE positions.

The net result of the Proposed Budget is an overall net increase of $1,625,486, funded by an increase in General Fund Contribution.

Primary Office

The Proposed Budget for the Primary Office currently reflects appropriations for the new proposed APDO. Following the Board’s consideration and approval of the budget, the new APDO will be shown as a new division of the Public Defender’s budget.

Until then, the appropriations for each division are described separately below for clarity.

Primary Office

The Proposed Budget for the Primary Office recommends a reduction of staffing to 62.0 FTE positions and appropriations totaling $16,947,260, funded by revenues of $950,000 and a General Fund Contribution of $15,996,994. The Proposed Budget unfunds 3.0 FTE positions within this division to address County fiscal constraints and maintains 1.0 FTE vacant position.

Since the County purchased the facility at 420-440 May, rent for the Primary Office has also decreased by $338,595. Expenses related to the debt services for this purchase can be found in the debt service budget.

Alternate Public Defender’s Office

The Proposed Budget recommends appropriations of $1,912,375 for the APDO and 8.0 FTE positions. This division is funded by revenues of $26,000 and a General Fund Contribution of $1,886,375, including transition costs associated with closing the contract with the current conflicts firm. Except for one Attorney III position, these roles will be filled by existing staff reallocated from the Primary Office.

Conflicts Contracts

The Proposed Budget recommends appropriations of $1,649,872 for the conflicts firm for the first three months of the fiscal year and the Criminal Defense Conflicts Panel (CDCP) for the entire year. The conflicts firm provides first-tier conflict representation, and the CDCP provides second- and third-tier conflict representation. These expenses are funded entirely by a General Fund Contribution of $1,852,129.

Excessive Workloads Fail to Meet National Standards: A gap exists between current staffing levels and evidence-based national workload standards, with benchmark analysis identifying a need for additional attorneys and proportional support staff. This capacity constraint limits the time available for in-depth client communication and case investigation, which results in increased case processing timelines and reduced operational flexibility. The resulting pressure on existing resources impacts workforce stability and creates long-term risks to the quality of mandated services.

Expansion of Mandated Workloads and Resource Gaps: The department faces a simultaneous increase in mandated workloads across criminal, diversionary, and civil sectors, including a 10% rise in felony filings due to Proposition 36 and higher demand for Lanterman-Petris-Short (LPS) Act and probate defense. In addition, mental health diversion cases have increased 3,700% in the last three years. These growth trends strain attorney and social work capacity and limit the operational flexibility of specialized trial teams that must manage increasingly complex cases without dedicated funding. The resulting resource gaps lead to extended custody for clients, longer case processing timelines, and reduced ability to provide the timely, individualized advocacy required for clients with complex legal and social needs.

Growing Demand for Immigration Advocacy: The PDO faces a significant increase in the complexity and volume of immigration-related advocacy. Changes in federal policy and a 12.4% increase in consultation requests from the prior year drive a growing demand for constitutionally mandated immigration advocacy. This trend results in a doubled workload for the single immigration resource attorney responsible for Padilla advisals, vacaturs, Special Immigrant Juvenile (SIJ) screenings and other assignments. Without additional funding, the resulting operational pressure limits the ability to provide timely and comprehensive legal advisals, which increases the risk of delayed case processing and negative outcomes for noncitizen clients.

The department continues to rely on a single resource attorney to manage all advisals and screenings. This resource gap creates an operational bottleneck that threatens the timeliness of legal counsel and impacts the department's ability to mitigate the enmeshed consequences of criminal legal system involvement for noncitizen residents.

Changes to Public Benefits Coordination: The implementation of California Advancing and Innovating Medi-Cal (CalAIM) necessitates more intensive cross-system coordination to ensure clients maintain access to critical benefits such as CalFresh and CalWORKs. This results in an increased workload for social workers and client advocates who must expand screening and application assistance without additional resources. As social workers and client advocates absorb these additional responsibilities without new funding, the department experiences a measurable increase in workload per case. This growing demand threatens the sustainability of current service levels and highlights the need for dedicated resources to support interdisciplinary defense teams.

Uncertainty of CARE Court Funding: Although the department currently receives funding for Community Assistance, Recovery, and Empowerment (CARE) Court expenses, the PDO faces significant financial uncertainty because State funding for CARE Court is not guaranteed beyond December 31, 2026. While the current agreement extends through 2028, the absence of a State funding estimate for the latter half of the period limits long-term operational planning. This uncertainty prevents the department from establishing a stable, long-term staffing model for these mandated proceedings. Without a confirmed state allocation for the remainder of the agreement period, the department faces a significant risk of unfunded operational costs.