002-94 Ordinance
. . RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No, 30043
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Ordinance NO..n....02.-:.9~- Passednn ._._nU n19u- I
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AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH THE FRANKLIN
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COUNTY PUBLIC DEFENDER'S OFFICE FOR DEFENSE ,
OF INDIGENT MISDEMEANTS, AND DECLARING AN EMERGENCY
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L WHEREAS, the Franklin County Public Defender's Office is not willing
to provide its services to the City's Mayors Court; and,
WHEREAS, the City 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 for the City of
Dublin, State of Ohio, 7 of the elected members concurring that:
Section ,. 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.
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Section 2. That this ordinance be, and the same hereby is, declared to be an
emergency measure for the preservation of 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 /71h day of ,~r- , 1994.
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ATTEST: \ _b~ certify that copies of this Ord'mmce/Resell:ltieR were posted in the
_Ill IhJblin in accordance w~th Section 731.25 of the O!lio Revised Codr
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Clerk of Council ']".1, of (i':mr,i!. [)'lblir.. Ohio
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. FRANKLIN COUNTY
~lDJ rID full CC J])J];WJ];NJ])J];m
373 S. HIGH ST. j 12TH FLooR · COLUMBUS, OHIO 43215-6302
(614) 462-3194 · (614) 645-8980
Fax (614) 461-6470
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December 29, 1993
Mr. Timothy D. Hansley
City Manager
City of Dublin
6665 Coffman Road
Dublin, Ohio 43017
Dear Mr. Hansley:
The existing contract for indigent defense representation with your
city is scheduled to expire December 31, 1993.
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.
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jbal
Enclosure
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CONTRACT
This Aqreement, beqinninq on Januarv 1, 1994, by and between
the Franklin County Public Defender commission, pursuant to Ohio
Rev. Code, section 120.14(E) (Paqe 1990), and the city of Dublin,
for the defense of indiqent defendants before the Franklin county
Municipal Court; the parties aqree as follows:
The Franklin county Public Defender commission hereby aqrees
to represent, throuqh the personnel employed by the Franklin~ounty
Public Defender commission, all indiqent persons, cominq before the
Franklin county Municipal Court, criminal Division, charqed 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 riqht to decline
representation if a conflict of interest exists in any specific
case filed in or cominq before the Franklin county Municipal Court;
and, provided further, that the City Solicitor of Dublin, Ohio,
reserves the riqht to appoint other counsel to represent defendants
charqed 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 cominq before the Franklin county Municipal Court.
The City of Dublin, aqrees 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 qivinq thirty (30) days
written notice to the other party, of its intention to terminate.
The parties further aqree that this Contract shall be in full
force and effect from the date first written above throuqh December
31, 1994, unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this contract,
this day of , 1994.
City of Dublin
BY:
City Manaqer of Dublin
Franklin county Public Defender Commission
BY:
Richard F. Swope
Chairman