Office of the County Administrator County of Marin August 15, 2023 Matthew H. Hymel Marin County Board of Supervisors*

R1

By November 1, 2023, the Marin County Board of Supervisors should request the Marin County Administrator to hire an independent consultant who reports to the County Administrator's Office to analyze operations of the District Attorney's Office with the following objectives: reducing the overwhelming caseloads of deputy district attorneys, facilitating timely production of discovery materials, implementing early evaluation of cases to promote plea negotiations, improving office morale, and updating the case management system. This recommendation has not been implemented and will be in the future. The County has budgeted an additional $500,000 in Fiscal Year 2023-24 to address caseload backlog issues, including an independent organizational analysis of the District Attorney's Office and funds for short-term staffing. We expect this study, performed by an outside expert, will focus on areas including business process improvement, staffing, workflow, and other areas that may affect items listed in this recommendation. The County Administrator will work with the District Attorney's Office to review the study's recommendations and recommend future strategies.

R2

By December 1, 2023, the District Attorney's Office should hire two or more highly experienced former deputy district attorneys on short term (6 - 12 mos.) contracts whose sole responsibility would be to reduce the backlog of cases through plea negotiations, starting with the longest pending cases. This recommendation requires further analysis. There are approximately $750,000 available for short-term staffing in this year's budget. From February to June 2023, the District Attorney has reduced five vacant attorney positions to two. The newly filled positions included two Deputy District Attorney III positions and one Deputy District Attorney II position. In addition, the District Attorney recently hired a part-time retired District Attorney IV position. The County Administrator's Office will continue to work with the District Attorney to fund short-term staffing options to reduce the backlog of cases.

R3

Once the caseload has been significantly reduced, the District Attorney's Office should hire experienced deputy district attorneys to maintain caseloads at a manageable level. This recommendation requires further analysis. As discussed in the response to R2, the District Attorney's Office recently added three new attorneys to fill vacancies and is operating consistent with the recommendation. We anticipate that the remaining two open positions will be filled by experienced attorneys. The County Administrator's Office will continue to work with the District Attorney to review and budget for appropriate staffing levels with the goal of maintaining caseloads at a manageable level. County of Marin Response to Grand Jury Findings and Recommendations County of Marin Response to Grand Jury Report Findings and Recommendations "Justice Delayed Is Justice Denied — Marin District Attorney's Office in Crisis" (May 15, 2023)

R4

By December 1, 2023, the District Attorney's Office should implement a new process to provide discovery materials (e.g., police report, defendant's criminal history, and camera footage) to defense counsel within a reasonable time of arraignment. This recommendation has been implemented according to the District Attorney’s Office. The District Attorney noted in her response that "many of our processes were improved months prior to issuance of the Grand Jury report. We continue to review and identify improvements to our discovery process, including the possibility of new software. Resources for these expenditures have been identified and set aside by the CAO's office." The County Information Service and Technology department is investing approximately $200,000 to implement new digital evidence and subpoena management software.

R5

By December 1, 2023, the District Attorney's Office should institute a position, such as an expediter, that is primarily responsible for facilitating plea negotiations in misdemeanor cases. This recommendation has been implemented according to the District Attorney's Office. The District Attorney noted in her response that “Last summer, a prosecutor was assigned to the misdemeanor team whose primary focus was expediting SVU (Special Victims Unit) cases. In April of 2023, we assigned a prosecutor to the Expediter position part-time, and they transitioned to the position full time in June of 2023. In June of 2023, we hired an experienced, temporary attorney who is also serving as a misdemeanor expediter."

R6

By October 1, 2023, the District Attorney's Office should hire paralegals to assist attorneys with discovery, witness coordination, and trial preparation. This recommendation requires further analysis. We look forward to the results of an independent review by an outside expert to examine this issue and provide recommendations concerning the potential roles and responsibilities of paralegals in relation to existing department positions.

R7

By November 1, 2023, the District Attorney's Office should commence providing a quarterly update and statistical report to the Board of Supervisors and the County Administrator's Office on its progress to reduce the backlog of criminal cases. This recommendation has not been implemented and will be in the future according to the District Attorney's Office. The District Attorney has agreed to develop quarterly update reports to the Board and County Administrator. The County Administrator will with the District Attorney to develop the scope of the reporting to ensure that the backlog is being effectively addressed by all justice partners. County of Marin Response to Grand Jury Report Findings and Recommendations "Justice Delayed Is Justice Denied — Marin District Attorney's Office in Crisis" (May 15, 2023)

R8

By October 1, 2023, people in custody who are awaiting trial should be granted more accommodations than inmates who have been convicted. Possible accommodations include, where appropriate, contact visits with family, utilization of technology (e.g., tablets) within their cells, and contact visits with defense counsel. This recommendation requires further analysis. As noted in the response to F9, we are not able to agree or disagree with the assertion that "People in custody awaiting trial are treated the same as convicted inmates and are subjected to unduly restrictive conditions in the county jail." While this is the purview of the Marin County Sheriff, we understand the Sheriff's Office is in contract negotiations with a technology vendor to provide additional access to personal and legal visits through teleconference, as well as additional educational and vocational applications. This technology will be accessible through tablets administered to incarcerated individuals by jail staff.