RES 2015-29 Adopted RESOLUTION NO. 2015-29
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH
THE AIKEN COUNTY PUBLIC DEFENDER'S OFFICE FOR THE PROVISION OF
REPRESENTATION OF INDIGENT DEFENDANTS IN THE MUNICIPAL COURT
FOR THE CITY OF NORTH AUGUSTA
WHEREAS, currently 10.56% of every fine levied in the Municipal Court for
the City of North Augusta is paid to the State for contribution to the Office of Indigent
Defense; and,
WHEREAS, the citizen's of North Augusta who pay County Property Taxes
also provide additional funding for the Public Defender's Office through the payment of
such taxes; and,
WHEREAS, the South Carolina State Legislature has apparently made a
determination that Municipal tax payers should be required to pay for the defense of
indigents an amount in excess of that required to be paid by tax payers in the unincorporated
areas of the State; and,
WHEREAS, as a result thereof, the South Carolina Legislature, as part of the
budget process, placed a proviso within the budget that directed that the Public Defender's
Offices could not provide representation to indigent defendants in the Municipal Courts of
this State unless the City where the Municipal Court is held, enters into a contract for
services with the Public Defender's Office; and,
WHEREAS, such requirement does not apply to Magistrate's Courts
throughout the State, where the Public Defender's Office provides services for indigent
defendants; and,
WHEREAS, in order for the Municipal Court for the City of North Augusta
to operate properly and provide for indigent defense, the City is required to enter into an
agreement with the Aiken County Public Defender's Office; and,
WHEREAS the City has worked with the Aiken County Public Defender's
Office and negotiated a contract for the provision of the services; and,
WHEREAS, the Council believes that the contract negotiated is the best
available at the present time; and,
WHEREAS the City Council is hopeful that the General Assembly will
realize the inequity of the burden being placed upon the Municipal tax payers by the proviso
and rescind same; and,
WHEREAS the City Council has determined that a six (6) month contract
would be appropriate to allow for the General Assembly to meet and remedy this matter.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of North Augusta, South Carolina that the contract attached hereto, marked as
"Exhibit A" and incorporated by reference, with the Aiken County Public Defender's Office
is hereby authorized.
BE IT FURTHER RESOLVED that the funding source for the cost related to
this contract shall be the Contingency Fund.
BE IT FURTHER RESOLVED that the City Administrator is authorized to
execute any documents necessary for the finalization of this matter.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE 2 I DAY OF DECEMBER,2015.
Lark W. ones, Mayor
ATTEST:
Donna B. Youn , City Clerk
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