Explanation
BACKGROUND:
This legislation authorizes the Franklin County Municipal Court Judges to modify its contract and reduce the expenditure with the Franklin County Commissioners for the provision of court-appointed counsel. The Municipal Court Judges have been provided funding since 1985 to pay court-appointed counsel when the public defender has a conflict of interest. Under the laws of the State of Ohio and of The United States of America, it is the Court's responsibility to provide legal counsel to indigent persons charged with serious offenses and loss of liberty offenses, when the public defender has a conflict of interest.
Under the terms of the contract for 2006, the Franklin County Municipal Court has the financial responsibility to provide appointed counsel only to those individuals charged with criminal violations of municipal ordinances. As a consequence, the amount required to fund this contract is significantly less than was originally contemplated. All modifications associated with this contract must be approved both by Columbus City Council and the Franklin County Commissioners. This ordinance seeks City Council authority to reduce the amount of the contract for appointed counsel by $250,000 for a total contract amount of $243,000.
EMERGENCY ACTION is requested so that the changes in the contract can be effected before year end. Any contract modifications must be authorized by both City Counsel and the Franklin County Commissioners.
FISCAL IMPACT: The funds for this contract have already been encumbered within the Court's 2006 general fund budget.
Title
To authorize the Franklin County Municipal Court Judges, through the Administrative and Presiding Judge, to modify its contract with the Franklin County Commissioners to provide legal counsel to indigent defendants in the Franklin County Municipal Court when the public defender has a conflict of interest; to authorize a reduction in the expenditure with the Franklin County Commissioners for appointed counsel of $250,000; and to declare an emergency. ($250,000.00)
Body
WHEREAS, the Court recognizes a responsibility to provide legal representation to indigent persons through an appointed counsel system when the public defender has a conflict of interest; and
WHEREAS, the Court provides its appointed counsel representation to indigent persons through a contract with the Franklin County Commissioners; and
WHEREAS, as a result of the terms of the contract for appointed counsel for 2006, the amount required to fund the contract is less than originally contemplated, resulting in savings of $250,000 for the city of Columbus; and
WHEREAS, an emergency exists in the usual daily operation of the city in that it is immediately necessary to authorize the Administrative and Presiding Judge of the Franklin County Municipal Court to modify its contract for appointed counsel and authorize a reduction in the contract and associated expenditures with the Franklin County Commissioners, thereby preserving the public peace, property, health, safety, and welfare; Now, Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
SECTION 1. That the Administrative and Presiding Judge of the Franklin County Municipal Court be and hereby is authorized and directed to modify and reduce the amount of the contract with the Franklin County Commissioners to provide legal counsel to indigent persons in the Franklin County Municipal Court when the public defender has a conflict of interest.
SECTION 2. That the City Auditor is hereby authorized and directed to reduce the amount of the encumbrance EL006354 by $250,000 after the approval of the contract modification by the Franklin County Commissioners.
SECTION 3. That for the reason stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither proves nor vetoes the same.