§ 1.04.210. Appointment of counsel for indigent defendants.
(a)
The administrative 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. Such list shall be prepared pursuant to guidelines established by the administrative judge.
(b)
Except as provided in section 1.04.065 of this Code, 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.
(c)
If it is determined that the defendant is not able to employ counsel, as provided in subsection (f) of this section, the court shall appoint an attorney, unless the defendant waives his or her right to counsel, from the list provided in subsection (a) of this section, or at the option of the court, may appoint counsel as provided for in subsection (k) hereof. However, when a written determination has been filed with the court by the city attorney, as provided for in section 1.04.065 of this Code, counsel shall not be appointed to represent the defendant.
(d)
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, or that the city attorney has filed a written determination with the court that a sentence of incarceration will not be sought should the defendant be found guilty of the pending charge or charges, as provided in section 1.04.065 of this Code, the attorney shall so advise the court and ask permission to withdraw from the case or to be permitted to accept the compensation from the defendant for services.
(e)
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 and in the form adopted by the administrative 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.
(f)
Upon the basis of the information provided for by subsection (e) of this section, the court shall determine whether the defendant is financially unable to employ counsel. In making such determination, the court shall consider the defendant's assets and income; the amount needed to support the defendant and the defendant's immediate family; the anticipated cost of effective representation by employed counsel; and any property conveyed by the defendant without adequate monetary consideration after commission of the alleged offense. 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 indigent in full or in part and the court shall appoint an attorney as provided in subsection (c) of this section. If the court determines that the defendant is financially able to employ counsel, or that the city attorney has filed a written determination with the court that a sentence of incarceration will not be sought should the defendant be found guilty of the pending charge or charges, as provided in section 1.04.065 of this Code, 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.
(g)
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 may be entered as a judgment against the defendant if the defendant is convicted and found to be financially able to pay the amount, and that an 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 the date of the commission of the alleged crime. A determination by the court that the defendant is financially unable to employ counsel or pay other costs or the defendant's defense may preclude a recovery from the defendant but may not preclude recovery from any person to whom the defendant may have transferred any property without adequate monetary consideration after the date of the commission of the alleged crime.
(h)
The determination that a defendant is indigent shall be subject to review at any time by the court.
(i)
An attorney who performs services as provided in this section shall be entitled to compensation at the conclusion of such services. Compensation for such services shall be paid in accordance with the standards provided in this section. Claims for compensation shall be certified by the claimant and shall be reviewed and approved by one or more judges of the municipal court before whom the services were performed. Each claim shall be supported by a written statement specifying in detail the time expended, the services rendered, the expenses incurred, and any other compensation or reimbursement received. Upon review and approval by the judge or judges 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.
(j)
A fee schedule is established for the determination of the amount of compensation to be paid to court-appointed counsel in the municipal court:
(1)
Driving under the influence of alcohol and/or drugs:
(a)
Preparation time: fifteen dollars per hour;
(b)
Trial time: twenty dollars per hour; and
(c)
Maximum compensation for both preparation time and in-court time shall not exceed one hundred dollars.
(2)
All other misdemeanor cases:
(a)
Preparation time: fifteen dollars per hour;
(b)
Trial time: twenty dollars per hour; and
(c)
Maximum compensation for both preparation time and in-court time shall not exceed fifty dollars.
(3)
All cases in which a guilty or nolo contendere plea is entered or in which diversion is granted:
(a)
Preparation time: fifteen dollars per hour;
(b)
In-court time: twenty dollars per hour; and
(c)
Maximum compensation for both preparation time and in-court time shall not exceed thirty dollars.
(k)
In lieu of appointing an attorney from a list of attorneys as provided for in subsection (c) and compensating such appointed attorney as provided for above, the court may contract with an eligible attorney or attorneys to provide a defense for all defendants in municipal court who are determined to be indigent and where no conflict exists which would preclude representation by an attorney or attorneys. Any contract entered into by the court for purposes of providing counsel to indigent defendants shall be subject to budget limitations as established by the governing body of the city. Selection of attorneys to represent indigent defendants by contract shall be made in a manner that complies with city administrative regulation.
(Ord. No. 43-109 § 1)