148-97 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
O~'dinance No.______148-97___ -_ Passed_______.___.___
- - - -- ----19
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH THE FRANI~I.IN COUNTY PUBLIC
DEFENDER COMIVIISSION FOR THE DEFENSE OF INDIGENT
DEFENDANTS.
WI~REAS, 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, T~FORE 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 shall take effect on the earliest date permitted by law.
Passed this l s~ day of ~ e Ct eh~ ~ / , 1997.
,~
ayor -Presiding Officer
ATTEST:
Clerk of Council
1 hereby cert:f that copses of thEs Ordnance/IMsefot+ee-were posted in the
City of D~~blin in accordance with Section 731.25 of the Ohio Revised Code.
~ Clerl of to '1, Dubli Ohio
_:
- M -
FRANKLIN COUNTY - ~' ~ - ' '
PUBLIC DEFENDS ~ „ - z
373 S. HIGH ST. 112TH FLOOR • COLUMBUS, OHIO 43215-6302
(614) 462-3194 • (614) 645-8980 :._
Fax (614) 461-6470
October 27, 1997
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, 1997.
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.
Very. _tru~i yours,
!""
Executi a ~~~ary
Enclosure
CONTRACT
This Agreement, beginning on January 1, 1998, 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 ~iied 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, 1998, unless terminated earlier, as provided herein.
IN~TITNESS WHER , the parties have executed this Cont.ra_~,.
this ~_ day of ~ ~ ~~~~ , 199.
City of Dublin
BY:
City Manage of Dublin
Frankli County Public Defender Commission
ti
BY• ~.
ichard F. Swope
Chairman
CITT OF DL~BLI
6665 Coffman Road
~""""' Dublin, Ohio 43011-1006
Phone/TDD: 614/161-6500
wrn Fax: 614/889-0140
Beverly A. Leake
Franklin County Public Defender's Office
373 S. High Street, 12th Floor
Columbus, OH 43215-6302
RE: Contract for Indigent Defense Representation
For the City of Dublin
Dear Ms. Leake:
Enclosed is the executed contract for indigent defense representation on behalf of the City of
Dublin. Please return a copy to us after it is executed by the Chairman of the Franklin County
Public Defender Commission.
Thank you.
Sincerely,
~~ -
Anne C. Clarke
Clerk of Council
r
CONTRACT
This Agreement, beginning on January 1, 1998, 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 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, 1998, unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Car_tra.±,
this day of , 199 .
City of Dublin
BY: e~
City Manage of Dublin
Franklin County Public Defender Commission
BY:
Richard F. Swope
Chairman