City of Columbus - File #: 1842-2006

• File #: 1842-2006
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 10/11/2006
• In control: Safety Committee
• On agenda: 10/23/2006
• Final action: 10/25/2006
• 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)

Date	Ver.	Action By	Action	Result
10/25/2006	1	CITY CLERK	Attest
10/24/2006	1	MAYOR	Signed
10/23/2006	1	Columbus City Council	Approved	Pass
10/23/2006	1	COUNCIL PRESIDENT	Signed
10/13/2006	1	MuniCrtJudges Drafter	Sent to Clerk's Office for Council
10/13/2006	1	CITY ATTORNEY	Reviewed and Approved
10/12/2006	1	FINANCE DIRECTOR	Reviewed and Approved
10/12/2006	1	MuniCrtJudges Drafter	Sent for Approval
10/12/2006	1	MuniCrtJudges Drafter	Sent for Approval
10/12/2006	1	MuniCrtJudges Drafter	Sent for Approval
10/12/2006	1	MuniCrtJudges Drafter	Sent for Approval
10/12/2006	1	ODI DIRECTOR	Reviewed and Approved
10/12/2006	1	CITY AUDITOR	Reviewed and Approved
10/12/2006	1	Auditor Reviewer	Reviewed and Approved
10/12/2006	1	EBOCO Reviewer	Sent for Approval
10/12/2006	1	Finance Reviewer	Reviewed and Approved
10/12/2006	1	Finance Reviewer	Reviewed and Approved
10/11/2006	1	MuniCrtJudges Drafter	Sent for Approval
10/11/2006	1	MUNICRTJUDGES DIRECTOR	Reviewed and Approved

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 Frankli...