Explanation
The Municipal Court Judges have been allocated funding since 1985 to pay court appointed counsel when the public defender has a conflict of interest.
This legislation is necessary since the Court has a responsibility under the laws of the State of Ohio and of The United States of America 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. Also, this legislation is considered an emergency measure primarily because of the effective date of January 1, 2004 and the length of time involved for contract approval and ultimate submission of these funds to Franklin County.
EMERGENCY ACTION is requested in order to have a contract in place with the Franklin County Commissioners ASAP.
FISCAL IMPACT: $528,000.00 has been allocated for this expenditure within our 2004 budget.
Title
To authorize the Department of Municipal Court Judges, through the Administrative Judge, to 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 the expenditure of $528,000.00 from the General Fund, and to declare an emergency. ($528,000.00)
Body
WHEREAS: the Court recognizes a responsibility to provide legal representation to indigents through an appointed counsel system when the public defender has a conflict of interest; and
WHEREAS: funds in the amount of $528,000.00 are budgeted within the Department of Municipal Court Judges for this contractual agreement; and
WHEREAS: an emergency exists in the usual daily operation of the Municipal Court Judges in that it is immediately necessary to authorize a contract with the Franklin County Commissioners in order to assure the continuity of legal services to indigent persons when the public defender has a conflict of interest, thereby preserving the publ...
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