82-06 Resolution
RECORD OF RESOLUTIONS
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Resolution No. 82-06 ,20_
A RESOLUTION 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, THERE~RE, BE IT RESOLVED 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 Resolution is effective upon passage in accordance with Section
4.04(a) of the Revised Charter.
Passed this / 11"- dayof 1)-(( e...~-c~2006.
ATTEST:
~ (L(I--f~
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.
De
City Manager
5200 Emerald Parkway · Dublin, OR 43017
Phone: 614-410-4400 · Fax: 614-410-4490 Memo
CITY OF DUBLIN
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager (.J~S. fb~
Date: December 7, 2006
Initiated By: Lisa Wilson, Court Administrator
Re: Resolution No. 82-06, 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 Defenders Commission, providing for
services at a cost per case of$74.99. This represents an increase of$2.18 per case over 2006. The
total amount paid to date in 2006 for these services is $728, and $1,000 has been budgeted for 2007.
Recommendation:
Staff is recommending adoption of Resolution 82-06 at the December 11 Council meeting.
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FRANKLIN COUNTY PUBLIC .. DEFENDER
2006 DEe - 7 AM 10:-09
373 South High Street 121h ~IIdO"f Of DUaL IN Columbus. Ohio 43215
(614) 645-8980 614) 4~~~k~4~;~~~'\n~:~~ Fax (614) 46J -6470
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December 4, 2006
Jane Brautigan
City Manager
City of Dublin
6565 Commerce Parkway
Dublin, OH 43017-3221
De:n- Ms. Brautigan:
The existing contract for indigent defense representation with your City is scheduled to
expire 1/1/07.
In order to allow you and our office time to analyze.the impact of increased costs on our
respective budgets, I would like to negotiate the new 2007 contract as soon as practicable.
hllight of increasing costs and reduced reimbursement from the State P~lblic Defender,
we are forced to request an increase in the cost to you per case from $72.81 to $74.99. I
believe you will find even with this increase the cost will continue to be a su.bstantial
savings over the cost of assigned counsel.
I would welcome the opportunity to discuss these matters with you and look forward to
hearing from you.
Yeura R. Venters
Director
Ibal
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1~/U7/~UUij 11:32 FAX 614 761 6598 DIV OF COURT SVCS. 141002
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CONTRACT
ThiS Agreement, beginning on January 1, 2007, by and between the
Franklin County pub~ic Defender Commission, pursuant to Ohio Rev. Code,
section ~2O.14(E), and the City of Dub~in, for the defense. of indigent
defendants before the Franklin County MUnicipal Court; the parties agree
as follows:
The Frank~in County Public Defender Commission hereby agrees to
represent, through the personnel emp~oyed 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 Frank~in Connty Publi.c Defender COnwU.ssion,
reserves the right to decline representation if a conf~ict of interest
exists in any specific case filed in or coming before the Frank~in 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 crimina~ statutes of the State of Ohio, which occur wi thin 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 $74.99 per case. Said
sum due to be stated by invoice from the Franklin County Pub~ic Defender
at quarter1y 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 t~e 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, 2007,
unless ter.minated earl~er, as provided herein.
IN WYTNESS WHEREOF, the parties have executed this Contract, this
day of , .
City of Dublin
BY:
City Manager of Dublin
Franklin County pub~ic Defende~ Commission
BY:
Richard F. SWope
Chairman