136-99 Ordinance RECORD OF ORDINANCES
Form No. 30043
Dayton Legal Blank Co.
Ordinance No Passed ......YES......
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE FRANKLIN COUNTY
PUBLIC DEFENDER COMMISSION FOR THE DEFENSE OF
INDIGENT DEFENDANTS, AND DECLARING AN EMERGENCY.
WHEREAS, the Franklin County Public Defender's Office is not willing to provide
its services to the City of Dublin Mayor's Court; and
WHEREAS, the City of Dublin has a constitutional duty to provide some
mechanism whereby indigent defendants may obtain court-appointed counsel; and
WHEREAS, the public defender's office is willing to enter into a contract with the
City to provide defense services to indigent defendants whose cases are transferred
from the City of Dublin Mayor's Court to the Franklin County Municipal Court.
NOW, THERE ORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring:
SECTION 1. That the City Manager is hereby authorized to execute the contract
attached hereto as Exhibit "A" with the Franklin County Public Defender
Commission, wherein said commission shall provide legal defense services to
defendants whose cases have been transferred from the City of Dublin Mayor's Court
to the Franklin County Municipal Court.
SECTION 2. That this ordinance is declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, safety or welfare, and for
the further reason that the existing contract expires on December 31, 1999.
Therefore, this ordinance shall be effective upon passage.
Passed this ~ day of ~~C~h't ? 1999
Mayor -Presiding Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this Ordinante/ltese}~fisn were pasted in the
City of Dublin in accordance with Section 731.25 of the Ohio Revised Cody.
fist c~Prk # Co cil, Dubli Ohio
CONTRACT
2000 b and between the
This Agreement, beginning on January 1, , Y
Franklin County Public Defender Commission, pursuant to Ohio Rev. Code,
section 120.14 (E) , and the City of Dublin, for the defense of indigent
defendants before the Franklin County Municipal Court; the parties agree
as follows:
The Franklin County Public Defender Commission hereby agrees to
represent, through the personnel employed by the Franklin County Public
Defender Commission, all indigent persons, coming before the Franklin
County Municipal Court, Criminal Division, charged with a violation of an
ordinance of the City of Dublin, which occur within the limits of Dublin,
Ohio; provided that the Franklin County Public Defender Commission,
reserves the right to decline representation if a conflict of interest
exists in any specific case filed in or coming before the Franklin County
Municipal Court; and, provided further, that the Mayor of Dublin, Ohio,
reserves the right to appoint other counsel to represent cefendants charged
with a violation of an ordinance of Dublin, Ohia, or traffic and/or
criminal statutes of the State of Ohio, which occur within the
jurisdictional limits of Dublin, Ohio in any specific case filed in or
coming before the Franklin County Municipal Court.
The City of Dublin agrees to pay the sum of $50.00 per case. Said
sum due to be stated by invoice from the Franklin County Public Defender
at quarterly intervals. Checks or warrants should be made payable to the
Columbus City Treasurer - Public Defender Service.
This contract may be terminated by either party at any time before
the expiration of the contract, by giving thirty (30) days written notice
to the other party, of its intention to terminate.
The parties further agree that this Contract shall be in full force
and effect from the date first written above through December 31, 2000,
unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this
~6~ day of ~r?~-P~- 199
City of Dublin
BY:
City Manager of Dublin
Franklin County Public Defender Commission
BY:
Richard F. Swope
Chairman
CONTRACT
This Agreement, beginning on January 1, 2000, by and between the
Franklin County Public Defender Commission, pursuant to Ohio Rev. Code,
section 120 .14 (E) , and the City of Dublin, for the defense of indigent
defendants before the Franklin County Municipal Court; the parties agree
as follows:
The Franklin County Public Defender Commission hereby agrees to
Mw represent, through the personnel employed by the Franklin County Public
Defender Commission, all indigent persons, coming before the Franklin
County Municipal Court, Criminal Division, charged with a violation of an
ordinance of the City of Dublin, which occur within the limits of Dublin,
Ohio; provided that the Franklin County Public Defender Commission,
reserves the right to decline representation if a conflict of interest
exists in any specific case filed in or coming before the Franklin County
Municipal Court; and, provided further, that the Mayor of Dublin, Ohio,
reserves the right to appoint other counsel to represent defendants charged
with a violation of an ordinance of Dublin, Ohio, or traffic and/or
criminal statutes of the State of Ohio, which occur within the
jurisdictional limits of Dublin, Ohio in any specific case filed in or
coming before the Franklin County Municipal Court.
The City of Dublin agrees to pay the sum of $50.00 per case. Said
sum due to be stated by invoice from the Franklin County Public Defender
at quarterly intervals. Checks or warrants should be made payable to the
Columbus City Treasurer - Public Defender Service.
This contract may be terminated by either party at any time before
the expiration of the contract, by giving thirty (30) days written notice
to the other party, of its intention to terminate.
The parties further agree that this Contract shall be in full force
and effect from the date first written above through December 31, 2000,
unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this
day of
City of Dublin
BY:
City Manager of Dublin
Franklin County Public Defender Commission
BY:
Richard F. Swope
Chairman
FRANKLIN COUNTY PUBLIC DEFENDER
373 South High Street 12th Floor Columbus, Ohio 43215
(614) 645-8980 (614) 462-3194 Fax (614) 461-6470
November 18, 1999
Honorable Joel Campbell
Mayor
City of Dublin
6565 Commerce Parkway
Dublin, Ohio 43017
Dear Mr. Mayor:
The existing contract for indigent defense representation with your
City is scheduled to expire December 31, 1999.
Enclosed please find a copy of a new contract for your review and
hopefully your signature. The cost per case remains at $50.00.
Please contact me if you have any questions concerning the above.
Ver y yours,
everly L e
Executive Se ary
Enclosure