Chapter 3.28


3.28.010    Emergency declared.

3.28.020    Establishment authorized – Disbursements.

3.28.030    Duration of fund.

3.28.010 Emergency declared.

The council finds and declares that an emergency exists with regard to funding the defense of indigent defendants which the city’s municipal 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 Argersinger v. Hamlin, to the effect that the Sixth Amendment prohibits imposition of a jail sentence on any indigent misdemeanant who has not been provided counsel. (Ord. 72-11 § 1, 1972)

3.28.020 Establishment authorized – Disbursements.

The Bainbridge Island municipal judge is authorized and directed to establish from routine municipal court receipts an interim fund entitled “interim emergency defense fund for compensating appointed counsel to indigent defendants subject to mandatory jail sentence,” said fund not to exceed the sum of $500.00 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 $100.00 and shall in all cases be supported by a written acceptance of the appointment, acknowledgment of the limitations set forth in this chapter and voucher or certification that the services have been rendered. (Ord. 72-11 § 2, 1972)

3.28.030 Duration of fund.

The foregoing authorization, direction and emergency fund shall remain in effect for so long as, in the discretion of the municipal court, such appointments may be required, subject to and limited by preempting 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. (Ord. 72-11 § 3, 1972)