City of Columbus - File #: 0209-2008

• File #: 0209-2008
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 1/25/2008
• In control: Judiciary And Court Administration Committee
• On agenda: 2/25/2008
• Final action: 2/28/2008
• Title: To authorize the Franklin County Municipal Court Judges, through the Administrative and Presiding 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 up to an amount not to exceed $130,000 from the Court's general fund; and to declare an emergency. ($130,000.00)

Date	Ver.	Action By	Action	Result
2/28/2008	1	CITY CLERK	Attest
2/27/2008	1	MAYOR	Signed
2/25/2008	1	Columbus City Council	Approved	Pass
2/25/2008	1	COUNCIL PRESIDENT	Signed
2/5/2008	1	CITY ATTORNEY	Reviewed and Approved
2/5/2008	1	MuniCrtJudges Drafter	Sent to Clerk's Office for Council
2/4/2008	1	Finance Reviewer	Reviewed and Approved
2/4/2008	1	FINANCE DIRECTOR	Reviewed and Approved
2/4/2008	1	MuniCrtJudges Drafter	Sent for Approval
1/30/2008	1	Finance Reviewer	Reviewed and Approved
1/29/2008	1	MuniCrtJudges Drafter	Sent for Approval
1/29/2008	1	Auditor Reviewer	Contingent
1/29/2008	1	CITY AUDITOR	Reviewed and Approved
1/29/2008	1	MuniCrtJudges Drafter	Sent for Approval
1/28/2008	1	ODI DIRECTOR	Reviewed and Approved
1/26/2008	1	EBOCO Reviewer	Sent for Approval
1/25/2008	1	MuniCrtJudges Drafter	Sent for Approval
1/25/2008	1	MUNICRTJUDGES DIRECTOR	Reviewed and Approved
1/25/2008	1	MuniCrtJudges Drafter	Sent for Approval

Explanation

BACKGROUND:
The Municipal Court Judges have been provided funding since 1985 to pay court-appointed counsel when the public defender has a conflict of interest.

This legislation authorizes the Franklin County Municipal Court Judges to enter into contract with the Franklin County Commissioners and authorizes the expenditure for the purpose of providing court-appointed counsel. This legislation is necessary since it is the Court's 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.

This legislation is submitted an emergency measure as the Court's contract with the Franklin County Commissioners has an effective date of January 1, 2008.

EMERGENCY ACTION is requested in order to have a contract in place with the Franklin County Commissioners as soon as possible.

FISCAL IMPACT: This expenditure is contingent on passage of the 2008 budget. The amount for the expenditure is budgeted and available within the Court's 2008 general fund budget.


Title

To authorize the Franklin County Municipal Court Judges, through the Administrative and Presiding 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 up to an amount not to exceed $130,000 from the Court's general fund; and to declare an emergency. ($130,000.00)

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, funds in an amount up to an amount not to exceed $130,000 is budgeted within the Franklin County Municipal Court Judges for this contractual agreement; a...