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 as an emergency measure as the Court's contract with the Franklin County Commissioners has an effective date of January 1, 2010.
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 2010 budget. The amount for the expenditure is budgeted and available within the Court's 2010 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 General Fund; and to declare an emergency. ($130,000.00)
Body
WHEREAS, the Court has 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 for the Franklin County Municipal Court Judges for this contractual agreement; and
WHE...
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