HomeMy WebLinkAbout2811 Counsel for IndigentsORDINANCE NO. ~//
AN ORDINANCE AMENDING CHAPTER 2.32 OF THE ASHLAND
MUNICIPAL CODE TO REPEAL SPECIFICATION OF RATES FOR
COMPENSATION OF COUNSEL APPOINTED TO DEFEND
INDIGENTS ACCUSED OF CRIMES
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.32 of the Ashland Municipal Code is amended to read as
follows:
COUNSEL FOR INDIGENTS~
Sections:
2.32.010
2.32.020
2.32.030
2.32.040
Authorization.
Appointments.
Appointee--Compensation--Payment
Appointee--Compensation--Repaid when.
2.32.010 AuthQriz~tion. Any indigent person charged in the municipal court
with an offense for which, if convicted, the person may be sentenced to
confinement in the county jail shall have the right to apply to the court for the
appointment of an attorney to assist in the person's defense. Where any
defendant makes such request and claims to be indigent and unable to secure
legal counsel necessary to the person's defense, and the judge of the municipal
court is satisfied to the sworn, written statement and examination of the
defendant that the defendant is an indigent person lacking the resources to
engage the service of an attorney to represent such person in the defense of
the charge, the court shall be authorized to arrange for legal counsel for the
defendant, at the expense of the city, in the manner prescribed by this chapter.
2.32.020 A.Dp0intments. The judge presiding in any cause where the defendant
is found to be indigent and unable to arrange for legal counsel as above set
forth may cause a licensed private attorney to be appointed for such purpose.
2.32.030 A.D.oointee--ComDens~ti0n--Peyment. The attorney thus appointed
shall be paid fair compensation for representation in the case.
2.32.040 A.o.oointee--Comoens~tion--Repaid when. In the event an accused is
found guilty and receives a suspended jail sentence or is placed on probation,
I For statutory provisions regarding the appointment of counsel for indigents, see
ORS 135.055.
PAGE 1-ORDINANCE {p:o~d~munifee~.ord}
the municipal judge may require repayment to the city of any attorney fees
allowed.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the ~'~)
and duly PASSED and ADOPTED this
Barbara Christensen, City Recorder
__ day of
day of
,1998,
,1998.
SIGNED and APPROVED this
day of
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PAGE 2-ORDINANCE {p:ord\munifeee.ord)