HomeMy WebLinkAboutORD 1966-351ORDINANCE NO. 351
(Bill No. 388 - 1966)
AN ORDINANCE ESTABLISHING THE OFFICE OF PUBLIC DEFENDER AND
DEFINING ITS FUNCTIONS, DITTIES AND POWERS.
This Bill establishes an Office of Public Defender and
sets forth the functions, duties and powers; extent of service;
qualifications; appointment and tenure; salary and appointment
of employees.
Date Introduced: March 22, 1966 - Date Approved:
April 6, 1966 - Date Effective: April 20, 1966
Copies of the foregoing Ordinance, in full, are on file
in the Office of the County Clerk for use and examination by
the public.
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LINTY CLERK
CO NTY OF HAWAII
BILL N0, 388
COUNTY OF HA~iJAII - STATE OF HAPJ;lII
ORDINANCE N0, 351
AN ORDINANCE ESTABLISHING THE OFFICE OF PUBLIC DEFENDER
AND DEFINING ITS FUNCTIONS, DUTIES tIND POWERS.
BE IT ORDAINED BY THE BOriRD OF SUPERVISORS OF THE COUNTY
OF HAWAII;
SECTION 1. Office of Public Defender, There is hereby
established an Office of the Public Defender for the County of
Hawaii. The Office of the Public Defender shall be headed by
a Public Defender who shall be the responsible officer in
charge of the office.
SECTION 2. Appointment and tenure. The Chairman and
Executive Officer of the Board of Supervisors, with the
approval of the Board of Supervisors, shall appoint the
Public Defender whose term of office shall be coterminous
with that of the appointing and approving authority,
SECTION 3. Qualifications. The Public Defender shall be
an attorney licensed to practice and in good standing before
the Supreme Court of the State and who shall have at least
three years of trial experience in the State,
SECTION 4, Functions, duties and powers. The Public
Defender shall represent as counsel, without charge, each
indigent person who is under arrest for or charged with
committing a crime, if
(a) t he defendant requests it; or
(b) the court, on its own motion or otherwise, refers
the defendant to the Public Defender, and the
defendant does not affirmatively reject of record
the opportunity to be represented by legal counsel
in such proceeding.
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~AR 2 ~ 196~C_ ApR g 1966 APR 2 U 1966
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SECTION 5. Extent of service.
person, the Public Defender shall:
When representing an indigent
(a) counsel and defend him, whether he is held in custody
or charged with a criminal offense, at every stage of
the proceedings following arrest; and
(b) prosecute any appeal or other remedies before or after
conviction that he considers in the interest of justice
or which may be required by law; provided that the
appeal and remedies mentioned herein shall be limited
to the district courts and circuit. court.
SECTION 6. Determination of indigency. The determination of
indigency shall be made by the Public Defender. For purposes of
this Ordinance an indigent person is one who is financially
unable to afford his own counsel.
SECTION 7. Appointment of employees. The Public Defender
may employ an investigator, stenographer, and other assistants
as may be necessary to aid him in the performance of the duties
of his office and for which appropriations and funds have been
provided by the Board of Supervisors. The investigator shall
perform similar duties to the investigator assigned to the, Office
of the County Attorney and shall, insofar as possible, have
equivalent training, experience and salary.
SECTION 8. Full time and salary. The Public Defender shall
be required to devote his full time and attention to the conduct
of the duties of his office. The salary of the Public Defender
shall be fixed by the Board of Supervisors in the Salary ordinance.
SECTION 9. Appointment by case. In the event the position
of Public Defender cannot be filled on a full-time basis, the
Chairman and Executive Officer of the Board of Supervisors is
authorized to enter into contracts with attorneys, on a case-to-
case basis, to render the services provided herein. Attorneys
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appointed in this manner shall be compensated in accordance
with a fee schedule approved by the Board of Supervisors,
SECTION 10, Bond, The Public Defender shall give a
bond in the sum of $3,000 with good and sufficient surety
for the faithful performance of the duties of his office,
The bond shall be deposited with the Treasurer of the County.
SECTION 11. Severability. If' any provisions of this
Ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of this ordinance
which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance
are declared to be severable.
SECTION 12. Effective Date. This Ordinance shall take
effect upon its approval.
INTRODUCED BY:
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Supervisor, 1~~ Senatorial
District.
Hilo, Hawaii
Date of Introduction: Mareh 22, 1966
Date of First. Reading: April 6, 1966
Date of Adoption: April 20, 1966
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