Chapter 2.56
LEGAL COUNSEL APPOINTMENT FOR INDIGENTS
Sections:
2.56.020 Court appointment of counsel.
2.56.030 Appointed counsel’s fee.
2.56.040 Appointment of public defender.
2.56.010 Right to counsel.
A. Any person charged in the municipal court of the city with an offense for which he may be, if convicted, sentenced to confinement in the city or county jail, either directly or in lieu of payment of fine, shall have the right to the aid of counsel.
B. The municipal judge shall allow a person so charged with such offense a reasonable time and opportunity to obtain counsel. (Ord. 1937 §1, 1970)
2.56.020 Court appointment of counsel.
A. Suitable counsel for a defendant shall be appointed by the municipal court if:
1. The defendant requests aid of counsel; and
2. The defendant makes a verified financial statement and provides other information in writing under oath showing his lack of ability to obtain counsel and provide any other information required by the court as to his inability to obtain counsel; and
3. It appears to the court that the defendant is without means and is unable to obtain counsel.
B. Unless otherwise ordered by the court, the appointment of counsel under this section shall continue during all criminal proceedings resulting from defendant’s arrest through acquittal or the imposition of punishment. The court may substitute one appointed counsel for another at any stage of the proceedings when the interests of justice require such substitution.
C. If, at any time after the appointment of counsel, the court finds that the defendant is financially able to obtain counsel or to make partial payment for the services of counsel, the court may terminate the appointment of counsel or require such partial payment or enter an order against the defendant in favor of the city for such fees as the city has paid and for which the defendant is liable. If, at any time during criminal proceedings, the court finds that the defendant is financially unable to pay counsel whom he has retained, that court may appoint counsel as provided in this section. (Ord. 1937 §2, 1970)
2.56.030 Appointed counsel’s fee.
Upon completion of all services by the counsel appointed pursuant to Section 2.56.020, the counsel shall submit to the court a detailed billing statement of all reasonable expenses paid or incurred in connection with such services, supported by appropriate receipts or vouchers. The court shall enter an order directing the city to pay the counsel the amount of expenses, if any, or such portion thereof as may be approved by the court, together with fees for the services rendered as follows:
A. At a rate of seventy-five dollars per hour, up to the following maximums:
1. If a case is resolved without a trial, seven hundred fifty dollars.
2. If a case is resolved after a trial, one thousand five hundred dollars. (Ord. 3175 §2, 2023; Ord. 3036 §2, 2013: Ord. 2510 §1, 1984: Ord. 1937 §3, 1970)
2.56.040 Appointment of public defender.
If the city hereafter appoints, engages, contracts or otherwise arranges for the services of counsel for the indigent to serve as a public defender, then the municipal court, upon finding that the defendant is entitled to court-appointed counsel under Section 2.56.020, shall assign the defense to the public defender in lieu of appointing counsel. (Ord. 1937 §4, 1970)