HomeMy WebLinkAboutCover MemoCITY OF MIAM1
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
RE:
The Honorable Mayor and
Members of the City Commissioner
Jorge L. F eriiandez
City Attorney
June 5, 2007
Proposed Resolution — June 14, 2007 City Commission Meeting, Executing an
agreement with the State of Florida for the City to pay the State of Florida, Office of
the Public Defender, for the cost of the defense of persons charged with certain
criminal violations of the Code of the City of Miami, Florida.
(File No. 07-00728)
The attached proposed Resolution seeks authorization for the City Manager to execute an
agreement with the State of Florida to reimburse the Office of the Public Defender for the costs of
defending persons charged with violations of the Code of the City of Miami.
On November 3, 1998 Florida voters approved ballot question 7, an amendment to the Florida
Constitution, entitled "Local Option for Selection of Judges and Funding of State Courts." In 2004 the
Florida Legislature adopted Chapter 2004-265, Laws of Florida, a roughly thousand page bill, which
implemented the amendment.
Among other things, the law prohibits the Public Defender from defending persons accused of
violations of county or municipal ordinances unless that prosecution is ancillary to a state prosecution or
the Public Defender has contracted with the county or municipality for reimbursement for services. As
you know, municipal and county ordinance violations are usually `quality of life' type violations
including `drinking in public,' illegal posting of signs and noise violations, to name a few.
While it donht necessary to adequately enforce and prosecute violations of the City C 'de it
is also necessary to provide the accused violator with ade..luate representation by an attorney if they are
determined unable to pay. In GIDEON v. WAINWRIGHT, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799,
and it progeny, the United States Supreme Court held that all states must provide counsel to indigent
defendants who face serious criminal charges.
The law further provides that the Public Defender shall be reimbursed up to $50 per hour for the
defense of persons accused of violating municipal ordinances. The annual estimated amount of
reimbursement to be paid to the Public Defender is $75,000.00. The number will go higher or lower
depending on the number of arrests made.
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Attachments
C: Pedro G. Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator