ORD 72-11 INTERIM FUND FOR PROVIDING LEGAL COUNSEL TO INDIGENT DEFENDANTSORDINANCE NO. 7~-11
AN ORDINANCE ESTABLISHING AN INTERIM FUND FOR
PROVIDING LEGAL COUNSEL TO INDIGENT DEFENDANTS
SUBJECT TO JAIL CONFINEMENT ON CONVICTION OF
MUNICIPAL CFLARGES AND P~%TIFYING AND APPROVING
WINSLOW MUNICIPAL COURT PROCEDURES EMBODIED IN
LOCAL RULE 2 AND EARMAt<KING MUNICIPAL COURT
RECEIPTS NOT TO EXCEED $500 FOR SAID PURPOSES.
Be it ordained by the City Council of the City of Winslow~
Washington:
Section 1. The Council finds and declares that an emergency
existS'with regard to funding the defense of indigent defendants
which the City'~ Munic~pa] Court may~ from time to time, be required
to confine to jail on conviction of mandatory jail sentence offenses;
said emergency arises out of the finding by the United States Supreme
Court announced in its decision of Argersinge'r~v'. Hamlin to the
effect that the Sixth Amendment prohibk~s imposition o~ a jail
sentence on any indigent misdemeanant who has not been provided
counsel.
Section 2. The Winslow Municipal Judge is authorized and
directed to establish from routine municipal court'receipts an
interim fund entitled "Interim Emergency Defense Fund for Compen-
sating Appointed Counsel to Indigent Defendants Subject to
Mandatory Jail Sentence", said fund not to exceed the sum of $500
and to be disbursed by the municipal court in its discretion on
findings of bona fide indigency and subjection to confinement in
jail. Disbursements on account of any one indigent defendant 'shall
not exceed the sum of $100 and shall in all cases be supported by
a written acceptance of the appointment, acknowledgment of the
limitations herein set forth and voucher or certification that the
services have been rendered.
Section 3. The foregoing authorization, direction and emergency
fund shail remain in effect for so long as in the discretion of the
municipal court such appointments may be required, subject to and
limited by pre-empting state legislation and/or regulation, or other
state, county or district regulation for the purpose of providing
and/or compensating the defense of bona fide indigents found to be
subject to confinement in jail on municipal charges.
Passed by the City Council of the City of Winslow, this/7'.~
day of .fY~{(~ .... , 1972.
ATTEST:
~ity Clerk.