What legislative changes can make this work?

Readers and contributors to this blog may disagree, but it has been my position since the Regional Counsel law was passed way back when (about the time that dependencydefense.com appeared)that we have entered a new era, and we as private defense counsel in dependency cases are going to have to adapt to it. I envisioned coalitions of experienced attorneys who could contract with the RCs to provide great service at a reasonable cost while sacrificing none of the experience and passion of those attorneys.

The problem is that the current law doesn't allow the RCs to contract with such coalitions/firms. Either you become a state employee or you don't. I am not alone in thinking that there is too little imagination and flexibility in that requirement.

In that light, I recently asked Jack Flyte, 2nd Regional Counsel, a question. It went, in part, like this:

I'm wondering how things are going for you in handling dependency cases. I also wonder what you would think of a tweak to the law that would allow you to contract with law firms to handle dependency cases instead of a strict requirement that all of your lawyers become state employees.

Mr. Flyte's answer, quoted here with his permission, was, in part:

I have recently met with State Senators and Representatives about allowing me more discretion in the way I am allowed to use my budget such as contracting with private lawyers as opposed to hiring them as a state employee. They all seemed willing to allow me wide discretion in this regard but also were very clear that there would be no budget increases this year.

The Bill to repeal my office by Rep Galvano lacks a Senate sponsor so is not likely to succeed.

There is also a Bill with both House and Senate sponsors to expand my office's duties to represent Guardian Advocates. So it would seem they are anticipating my office's continued existence.

So. I think my initial instincts are correct, and that we ought to go in the direction of creating private services that are effective, both litigation and cost-wise, and attempt to influence the legislature to allow for contracts between the RCs and private law firms to deliver dependency defense services.