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ORDINANCE No. 16.059
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AN ORDINANCE ESTABLISHING A $5 COURT COST TO
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BE USED FOR AN INDIGENT DEFENDANT FUND;
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PERMITTING THE CITY TO PARTICIPATE IN THE
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INDIGENT DEFENDANT FUND ESTABLISHED BY THE
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COUNTY; DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES.
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WHEREAS, the City of Little Rock, Arkansas has
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established a municipal court with two divisions; and
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WHEREAS, this Court is empowered by Arkansas law and
the Arkansas Rules of Criminal Procedure to appoint counsel
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for indigent defendants in criminal cases, and is empowered
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by state statute to appoint counsel for persons against whom
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involuntary commitment procedures for insanity or alcoholism
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have been brought as well as for certain litigants in civil
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or criminal matters declared incompetent by the Court; and
WHEREAS, state statutes also permit the City to adopt
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an ordinance that would permit the judges of the municipal
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court to assess a $5 court cost to help defray this expense:
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
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DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
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Section 1. The City shall create an "Indigent Defense
Fund" as provided for in Ark. Code Ann. § 14 -20 -102 (1987),
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as amended, to be used for the sole purpose of paying
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reasonable and necessary costs incurred in the defense of
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indigent persons accused of criminal offenses and in the
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defense of indigent persons against whom involuntary
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commitment procedures for insanity or alcoholism have been
brought, and for representation in civil and criminal matters
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of persons deemed incompetent by the court by reason of
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minority or mental incapacity.
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Section 2. The term "reasonable and necessary costs" as
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used in this ordinance shall include, but not be limited to,
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investigative expenses, expert witness fees, and legal fees.
Section 3. The expenses in the Indigent Defense Fund
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shall be paid from monies collected pursuant to a $5 court
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cost assessed by the municipal judge in all civil cases
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filed, and upon all persons who are convicted, plead guilty,
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plea nolo contendere, or forfeit bond in any criminal case,
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provided that such court cost shall not bassessed as costs
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in any action filed in small claims court.
Section 4. As used in this ordinance, the term "any
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criminal case," includes felonies, misdemeanors, traffic
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violations, and cases involving the violation of any state
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law or local ordinance.
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Section S. Any fees or expenses paid from the Indigent
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Defense Fund pursuant to this ordinance shall be paid within
the guidelines of Ark. Code Ann. § 16 -92 -108 (1987), as
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amended. In the event this statute is declared
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unconstitutional, repealed, amended, or superseded by another
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statute, or preempted by a lawful order of a court of
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competent jurisdiction, then said payment will be made in
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accordance with the appropriate statute or court order.
Section S. Nothing in this ordinance shall prohibit the
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City from cooperating with and joining in with a Pulaski
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County Indigent Defense Fund if, in the opinion of the City
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Manager, that is deemed in the best interest of the City,
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provided that a separate accounting of the monies collected
in the Little Rock Municipal Courts and the monies expended
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for the Little Rock Municipal Courts, if required by the City
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Manager, can be maintained.
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Section 7. All laws and parts of laws inconsistent with
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the terms of this ordinance are hereby repealed.
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Section a. In the event any title, subtitle, section,
subsection, subdivision, paragraph, subparagraph, item,
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sentence, clause, phrase, or word of this ordinance is
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declared or adjudged to be invalid or unconstitutional, such
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declaration or adjudication shall not affect the remaining
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portions of this ordinance which shall remain in full force
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and effect as if the portion so declared or adjudged invalid
or unconstitutional was not originally a part of this
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ordinance.
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Section 9. Assurance that indigent counsel are paid a
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reasonable fee for work in the Little Rock Municipal Court is
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deemed required by the United States and the Arkansas
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Constitutions. Presently there exists a question as to
whether such payments are being made and which political
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subdivision should make these payments. Since payment of
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appointed counsel is necessary for the proper adjudication of
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offenses and actions in the municipal court, and since
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passage of this ordinance is necessary to assure the
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constitutional operation of the municipal court which is
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necessary for the health, safety and welfare of the citizens
of Little Rock, an emergency is declared to exist and this
ordinance shall be in full force and effect from and after
the date of its passage.
PASSED: June 18, ..
Vy•
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.,stuutun PRIEST, MAYO
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