Chapter IX · Municipal Court

ARTICLE 2. COURT APPOINTED ATTORNEYS

Sections 9-201 to 9-212 · 12 sections

9-201 Board of indigent defense attorneys established.

The Judge of the Municipal Court shall prepare and file in the office of the clerk of the Municipal Court a list of attorneys who are eligible for assignment to represent indigent persons accused of municipal offenses.

(Ord. 504, Sec. 1)

9-202 Right to court appointed attorney.

In all cases pending before the Municipal Court in which the defendant is subject to a sentence of a term of incarceration, the Judge of the Municipal Court presiding at the defendant’s first appearance shall advise the defendant, if he or she appears without counsel, that he or she is entitled to counsel unless defendant waives such entitlement, and that counsel will be appointed to represent the defendant if it is determined that the defendant is not financially able to employ an attorney.

(Ord. 504, Sec. 1)

9-203 Appointment of attorney.

If it is determined that the defendant is not able to employ counsel, as provided in Section 9-206 of this section, the court shall appoint an attorney, unless the defendant waives his or her right to counsel, from the list provided in Section 9-201 of this section.

(Ord. 504, Sec. 1)

9-204 Withdrawal of attorney where defendant not indigent.

If, after the attorney’s appointment, the attorney learns that the defendant has funds or other resources sufficient to enable the defendant to employ counsel, the attorney shall so advise the court and ask permission to withdraw from the case or to be permitted to accept compensation from the defendant for services.

(Ord. 504, Sec. 1)

9-205 Determination of indigency; affidavit required.

When any defendant who is entitled to have the assistance of counsel claims to be financially unable to employ counsel, the court shall require that the defendant file an affidavit containing such information, in the form adopted by the judge. The court may interrogate the defendant under oath as to the contents of the affidavit; may require the defendant to produce evidence upon the issue of the defendant’s financial condition; and may require the City Attorney, a city law enforcement officer or other Municipal Court employee to investigate and report upon the financial condition of the defendant.

(Ord. 504, Sec. 1)

9-206 Same; court determination.

(a)Upon the basis of the information provided for by Section 9-205 of this section, the court shall determine whether the defendant is financially unable to employ counsel. In making such determination, the court shall consider:

(1)The defendant’s assets and income;

(2)The amount needed to support the defendant and the defendant’s immediate family;

(3)The anticipated cost of effective representation by employed counsel;

(4)Any property conveyed by the defendant without adequate monetary consideration after a date which is Thirty (30) Days prior to the commission of the alleged offense.

(b)If the defendants assets and income are not sufficient to cover the anticipated cost of effective representation by employed counsel taking into account the nature of the proceedings, the defendant shall be determined to be indigent in full or in part and the court shall appoint an attorney as provided in Section 9-203 of this section.

(c)If the court determines that the defendant is financially able to employ counsel, the court shall so advise the defendant and shall give the defendant a reasonable opportunity to employ an attorney of the defendant’s own choosing.

(d)The determination that a defendant is indigent shall be subject to review at any time by the court, and if, after appointing an attorney, the court learns that the defendant has funds or other resources sufficient to enable the defendant to employ counsel, the court shall terminate such appointment and allow the appointed attorney to withdraw from the case or permit the appointed attorney to accept compensation from the defendant for services.

(Ord. 504, Sec. 1)

9-207 Assessment of costs.

In addition to those costs set forth in Sections 9-112 and 9-113, if the defendant is convicted or pleads guilty to any of the charges against him or her, the court shall assess as costs, against the defendant for whom counsel is appointed that amount expended by the city in providing counsel and other defense services.

(Ord. 504, Sec. 1)

9-208 Same; notification of defendant.

The court shall inform the defendant for whom counsel is appointed that the amount expended by the city in providing counsel and other defense services will be assessed as costs against the defendant if the defendant is convicted, and that a civil action to recover such amount may be brought against any person to whom the defendant may have transferred or conveyed any of the defendant’s property without adequate monetary consideration after a date which is Thirty (30) days prior to the date of the commission of the alleged crime.

(Ord. 504, Sec. 1)

9-209 Fraudulent transfer; recovery of costs.

A civil action to recover such amount may be brought against any person to whom the defendant may have transferred or conveyed any of the defendant’s property without adequate monetary consideration after a date which is Thirty (30) days prior to the date of the commission of the alleged crime.

(Ord. 504, Sec. 1)

9-210 Abatement of attorney fees.

If the court makes a determination that paying the court- appointed attorney fees would create an undue hardship on the defendant, or a dependent of the defendant, the court shall note such a finding, along with the basis for such finding, on such defendant’s disposition sheet and may abate all but such portion of said fees as the court shall determine would not create an undue hardship on the defendant, or a dependent of the defendant.

(a)The fact that the court shall have abated all or any portion of the court appointed attorney fee shall not prevent a civil action to recover the. entire amount of the court-appointed attorney fees against any person to whom the defendant may have transferred or conveyed any of the defendant’s property without adequate monetary consideration after a date which is Thirty (30) days prior to the date of the commission of the alleged crime.

(Ord. 504, Sec. 1)

9-211 Compensation to attorney.

An attorney who performs services as provided in this section shall be entitled to compensation at the conclusion of such services.

(a)Compensation for such services shall be paid in accordance with the standards provided in this section.

(b)Claims for compensation shall be certified by the claimant and shall be reviewed and approved by the Judge of the Municipal Court.

(c)Each claim shall be supported by a written statement specifying in detail the basis for said claim, the services rendered, the expenses incurred, and any other compensation or reimbursement received.

(d)Upon review and approval by the Judge of the Municipal Court, each claim for compensation shall be submitted to the clerk of the Municipal Court, who shall then be authorized to pay the claim, subject to the approval of the governing body.

(Ord. 504, Sec. 1)

9-212 Attorney fees; amount.

Court-appointed counsel shall be compensated, and defendants for whom such counsel is appointed shall be assessed costs, according to the following schedule:

(a)If the defendant enters into a plea agreement with the City prior to setting the matter for trial, $100.00;

(b)If the defendant enters into a plea agreement with the City after setting the matter for trial, but before a trial is heard $200.00;

(c)lf the defendant takes the matter to trial, $300.00. Such amounts shall be assessed for each case against the defendant for whom an attorney is appointed, as determined by court docket number.

(Ord. 504, Sec. 1; Ord. 651. Sec. 1)