003-02 OrdinanceRECORD OF ORDINANCES
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Ordinance No ....................03.-02......._._.._.......,._....... Passed
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, THEREFORE, 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 has expired. Therefore, this ordinance shall be
effective upon passage.
Passed this ~~ day of rt ce_e~ , 2002
Mayor - residing Officer
ATTEST:
Clerk of Council
I hereby tE+tify tbat codes of this Ordnance/Resolution were posed in !!~~
City of Dublin in attordance w+t~a Suction 731.25 of ttze 17t~io $e~~ised Cone.
.~/~
1.~00L: Clpr Ceuncit, Dublin, Oh9e
~~~
CONTRACT
This Agreement, beginning on January 1, 2002, 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
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 files 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 $61.75 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 shallbe in full force
and effect from the date first written above through December 31, 2002,
unless terminated earlier, as provided herein.
IN WT_TI~TESS FREOF, the parties have executed this Contract; this
~~ day of ~/ .,, ~ ~.J ~ p~~ /
City of Dublin
BY:
City Manager of u in
Franklin County Publ c Defender Commission
BY:
Ri hard F. Swope
Chairman