HomeMy WebLinkAboutORD 1966-367ORDINANCE NO. 367
(Bill No. 406 - 1966D
AN ORDINANCE AMENDING ORDINANCE NU. 3S1 RELATING TO PUBLIC
DEFENDER.
This Bill amends
functions, powers and
appointment by case,
Public Defender,
Bate Introduced:
.u~;ust. 3, 1966 - Date
the sections on qualifications;
duties; extent of service; and
3s it relates to the Office of
July 20, 1966 - Date Approved:
Effective: August 3, 1966
Copies of the foregoing Ordinance, in fu1.1 are on
file in the Office. of the County Clerk for use and examination
by the public.
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~OUNTY CLERK ~__~
COUNTY OF HAWAII
BILL NO. 406
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. 367
AN ORDINANCE AMENDING ORDINANCE N0. 351 RELATING TO PUBLIC
DEFENDER.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
HAWAII:
SECTION 1. Section 3 of Ordinance No. 351 is hereby
amended to read as follows:
"SECTION 3. C~ualifications. The Public Defender
shall be an attorney licensed to practice and in good
standing before the Supreme Court of the State."
SECTION 2. Section 4 of Ordinance No. 351 is hereby
amended to read as follows:
"SECTION 4. Functions, duties and powers.
The Public Defender shall represent as counsel,
without charge, each indigent person who is taken
into custody or charged with committing a misdemeanor
or felony, if
(a) the 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."
SECTION 3. Section 5 of Ordinance No. 351 is hereby
amended to read as follows:
"SECTION 5. Extent of service. When representing
an indigent person, the Public Defender shall:
(a) counsel and defend him, whether he is held
in custody or charged with a misdemeanor or
felony, at every stage of the proceedings
commencing from the custodial interrogation
of the accused`.
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(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."
SECTION 4. Section 9 of Ordinance No. 351 is hereby
amended to read as follows:
"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-by-case
basis, to render the services provided herein.
Attorneys appointed in this manner shall be
compensated in accordance with a fee schedule approved
by the Board of Supervisors. The provisions of
Section 3 .relating to trial experience shall not
apply to attorneys appointed on contractual basis."
SECTION 5. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
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,t~ u~~ / l ~ ~ <<t „mot, _.
Supervisor, 1st S atorial
District.
Naalehu , Hawaii
Date of Introduction: July 20, 1966
Date of First Reading: July 20, 196b
Date of Adoption: Auqust 3, 1966