HomeMy WebLinkAboutORD 1967-065.,~~
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CGUiVIY OF HAl°lAII - STATE OF HAWAII
ORllINA1JCE N0. 65
AN ORDINANCE ESTABLISHING THE OFFICE OF PUBLIC DEFENDER
AND DEFINING I15 FUNCTIONS, DUTIES AND POWERS.
BE IT ORDAINED BY 'fHE BOARD OF SUPERVISORS OF THE COUNTY
OF HAWAIIs
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.
SECTI01`1 2~ Appointment and tenure. The Chairman and
Executive Officer of the fioard 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 tine appointing authority.
SECTION 3, ~uali.fi.:ations. The Public Defender shall
be an attorney licensed to practice and in good standing
before the Supreme Court of the State.
SECTION 4. Functions, duties and powers. The Public
Defender shall represent as counsel, without charge, each
indigent person who ~s 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 op;,ortunity to be represented by legal counsel
in such proceeding.
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SECTION 5. Extent of service. lNhen 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.
(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 6. Determination of indigency. The determina-
tion 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 ;;upervisors 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-by-case basis, to render the services
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provided herein. Attorneys appointed in this manner shall
be compensated in accordance with a fee schedule approved
by the Board of Supervisors.
SECTION 10. Bvnd. The Public llefender shall give a
bond in the sum of $3,000 with good and sufficient Buret;y
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.
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