HomeMy WebLinkAboutD-1923-08 Non-Reverting Public Defender FundSPONSORS: Councilor Carter and Griffiths
ORDINANCE D-1923-08
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
WHEREAS, the Common Council of the City of Cannel, Indiana is, pursuant to Indiana Code
36-4-6-18, authorized to pass ordinances and resolutions regarding the control of the City's finances and
the appropriation of money; and
WHEREAS, Indiana Code Section 33-40-3-1 et. sec., authorizes the establishment of a
supplemental Public Defender Services Fund (the "Fund"); authorizes a Court to order defendants and/or
parents of delinquent children to pay all or part of the cost of public defender representation; and permits
the use of the Fund to defer the government's cost of public defender services; and
WHEREAS, Indiana Code 33-40-3-5 provides that a county may not have more than one (1)
program to provide Court-appointed legal services unless the fiscal body of the county agrees to allow
additional Court-appointed legal services programs; and
WHEREAS, the Carmel City Court has requested that the Hamilton County Council authorize the
establishment of a Court-appointed legal services program for the Carmel CityCourt; and
WHEREAS, by resolution executed on December 3, 2008, the Hamilton County Council:
Authorized the City of Carmel and the Cannel City Court to establish a Court-appointed
legal services program to apply only to persons charged with offenses' in the Carmel City
Court.
2. Authorized the City of Carmel to establish a Public Defender Services Fund and to
appropriate the proceeds of said Fund pursuant to law.
Page One of Three Pages
This Ordinance was prepared by Douglas C. Hany, Camel City Atomay. AMENDED VERSION 1 -124508
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SPONSORS: Councilor Carter and Griffiths
WHEREAS, there currently exists no City fund earmarked. exclusively for monies appropriated
by the City for the public defender services; and
WHEREAS, the creation and operation of such a fund is in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1: The foregoing Recitals. are incorporated herein by this reference.
Section 2. Chapter 2, Article 4, Section 2-132 is hereby added to the Carmel City Code and shall
read as follows:
"Sec. 2.132 Carmel Non-Reverting Public Defender Services Fund.
There is established a Carmel Non-Reverting Public Defender Services Fund, into which the fiscal officer of
the City shall deposit and account for such funds as are designated by the Carmel City Court for deposit into
said Fund."
Section 3. This Fund shall be identified as Fund #505.
Section 4. That the remaining provisions of Carmel City Code Chapter 2. Article 4, are not
affected by this Ordinance and remain in full force and effect.
Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as
enforcement of same can be given the same effect.
Section 6. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor and such publication as is required by law.
Ordinance No. D-1923-08, As Amended
Page Two of Three Pages
This Ordinance was prepared by Douglas C. Haney; Carmel Clty Atlomey. AMENDED VERSION 1 -12-15-08
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SPONSORS: Councilor Carter and Griffiths
PASSED by the Common Council of the City of Carmel, Indiana this g4 ? day of
hg1ljrv??t 2008 by a vote of_(O_ayes and mays.
COMMON COUNCIL FOR THE CITY OF CARMEL
(yoT ?..eS?N
Joseph C.'eriffitlzs /
Kevin Rider
W. Eric Seiden ickeC
ATTEST/???,
Diana L. Cordray, IAMC, Clerk-T?aarer
Presented by me to the y of the City of Carmel, Indiana this T day of
2008, at 4:3D O'clock P.M. 1) j /I
Diana L. Cordray,
Approved by me, the Mayor of the City of Carmel, Indiana, thi
2008, at O'clock P.M.
c}•, a,A
ar ,Mayor
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Diana L. Cordray; IAMC, Clerk-
Ordinance No. D-1923-08
Page Three of Three Pages
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TNs Ordnance was prepared by Douglas C. Haney, Cannel City Attorney.
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