78-05 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. Z$-05 Passed , 20.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE FRANKLIN COUNTY
PUBLIC DEFENDER COMMISSION FOR THE DEFENSE OF
INDIGENT DEFENDANTS
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, THEREF RE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring that:
SECTION 1. 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. 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 present contract will expire on
December 31, 2005. The ordinance is therefore effective upon passage, in
accordance with Section 4.04(a)(6) of the Revised Charter.
Passed this ~ day of /)-P('.Pry, !~ , 2005.
~~~Mayor - Presi ~ Officer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Duty Clerk of Codncil, Dublin, Ohio
CITY OF DUBLIN
Division of Court Services
6565 Commerce Parkway
Dublin, Ohio 43017
Phone: 614-410-4920 * Fax: 614-761-6598
TO: Members of the Dublin City Council
Memo
FROM: Jane S. Brautigam, City ManagerC~-5.~ :~.- -,,,,~
~~ U
DATE: December 8, 2005
INITIATED BY: Renee Telfer, Court Administrator
RE: Ordinance 78-05 -Franklin County Public Defender Contract
Summary:
The City has a constitutional duty to provide a mechanism whereby indigent defendants may obtain
court-appointed counsel and the Franklin County Public Defender's office is willing to provide these
services.
Attached is the contract from the Franklin County Public Defender Commission, providing for
services at a cost per case of $72.81. This represents an increase of $.31 per case over 2005.
The total amount paid to date in 2005 for these services is $837.00, and $1,000 has been budgeted
for 2006.
Recommendation:
Staff recommends Council dispense with the public hearing and pass the ordinance by emergency
at the December 12 meeting in order to have the contract in place by January 1, 2006.
EXHIBIT A
CONTRACT
This Agreement, beginning on January 1, 2006, 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 r?f D~.~blir_; which occur within the limits of Lublin,
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 $72.81 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, 2006.
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