08-95 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. ____O_8~_9.S~__ Passed __ ___~_ ___19
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AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH THE FRANKLIN
COUNTY PUBLIC DEFENDER'S OFFICE FOR DEFENSE
OF INDIGENT MISDEMEANANTS, 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 be, and the same hereby is,
declared to be an emergency measure for the preservation of
the public peace, health or welfare of the residents of this
City, and therefore this ordinance shall take effect and be in
force immediately upon its passage.
Passed this ~r" day of ~.c:. , 1995.
e'i} 1J. ~
.;t., ( '"
Mayor - Presid'ng Officer
ATTEST:
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Clerk of Council
I hereby certify film (Oll)es 0' th. 0 d:
n f IS r -non(e/~
I y 0 Dublin in o!rorcfonce wit~ S . . we,. posteel in ""
ettion 731.25 of tilt. .vfstd Cod
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J:re'~ of. Cound', DublirJ, Ohio
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CONTRACT
This Agreement, beginning on Januarv 1, 1995, by and between
the Franklin County PUblic Defender commission, pursuant to Ohio
Rev. Code, section 120.14(E) (Page 1990), 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 City Solicitor 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, 1995, unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Contract,
this day of , 1995.
City of Dublin
BY:
City Manager of Dublin
Franklin county Public Defender Commission
BY:
Richard F. Swope
Chairman