Resolution 03-12RECORD OF RESOLUTIONS
Dayton Lgal Blank, I=_ Fofm No 30065
Resolution No. 03- 12 Passed , 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 who are charged
under the City of Dublin Codified Ordinances for offenses that occur in the City
that will be heard in Franklin County Municipal Court, Criminal Division.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
of its 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 in order that the Commission will provide legal defense services to
defendants whose cases are charged under the City of Dublin Codified
Ordinances for offenses that occur in the City that will be heard in Franklin
County Municipal Court, Criminal Division.
Section 2. This Resolution shall be effective upon passage in accordance with
Section 4.04(a) of the Revised Charter.
Passed this A"Y day of 2012.
Mayor - Pres'di g Officer
ATTEST:
Clerk of Council
Office of the City Manager
City of Dublin Pho 614 - 410.4400 • Fax:b614 --410 -4490 1090
To: Members of Dublin City Council
From: Marsha I. Grigsby, City ManagerNc�
Date: January 19, 2012
Initiated By: Lisa Wilson, Court Administrator
Michelle Crandall, Director of Administrative Services
Re: Resolution No. 03 -12 — Franklin County Public Defender Contract
Memo
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 2012 contract for services from the Franklin County Public Defender Commission
at a cost per case of $64.04. This contract reflects the same cost per case as in 2011 and is
based upon an anticipated 2012 state reimbursement rate of 35 percent. The total amount paid
in 2011 for these services was $ 1,408.88, and $1,200 has been budgeted for 2012.
Recommendation
Staff is recommending adoption of Resolution 03 -12 at the January 23, 2012 Council meeting.
FRANKLIN COUNTY PUBLIC DEFENDER
373 South High Street
(614) 645 -8980
December 1, 2011
Honorable Timothy A. Lecklider
Mayor of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017 -1090
Dear Mr. Mayor:
-- RECEIVED _
OUC 2 8 ?411
Isis-
The existing contract for indigent defense representation with your city is scheduled to
expire January 1, 2012.
Enclosed please find a copy of a new contract for your review and hopefully your
signature. Based upon an analysis of our cost efficiencies for the year 2012, the charge
per case will be $64.04. The total amount charged per case is also based upon an
anticipated 2012 state reimbursement rate of 35 %.
Please contact me if you have any questions concerning the above.
Respectfully,
�ura. Venters
Director
/agl
12th Floor Columbus, Ohio 43215
(614) 525 -3194 Fax (614) 461 -6470
Enclosure
FRANKLIN COUNTY PUBLIC DEFENDER
373 South High Street
(614) 645 -8980
12th Floor
(614) 525 -3194
CONTRACT
Columbus, Ohio 43215
Fax (614) 461 -6470
This Agreement, beginning on January 1 , 2012, 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 $64.04 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 , 2012, unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this day of
.20
City of Dublin
BY:
City Manager of Dublin
Franklin County Public Defender Commission
BY:
Richard F. Swope
Chairman