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Ellsworth County Resolution authoriting collection fee for person uses county-funded defense counsel

POSTED: December 14, 2012 7:00 a.m.

(First Published in Ellsworth County Independent/
Reporter, December 13, 2012)

RESOLUTION NO. 12-R-18

(A Resolution Authorizing The Collection Of A K.S.A.
22-4529 Equivalent Fee From Persons Utilizing
County-Funded Defense Counsel)

NOW UPON THIS 10th day of December, 2012, the Board of County Commissioners of Ellsworth County, Kansas, is met in regular session with a quorum present, and
WHEREAS it has been brought to the attention of the Board that K.S.A. 22-4529 allows the State’s BIDS fund to collect an application fee in the amount of $100.00 every time a Defendant in a criminal case applies for Court-appointed counsel funded by the State of Kansas, and
WHEREAS it has been brought to the attention of the Board that the Board of County Commissioners of Saline County, Kansas, have imposed an application fee for adult misdemeanants seeking Court-appointed counsel and that such resolution has been in effect for over four (4) years, and
WHEREAS the Board is cognizant of its home rule powers pursuant to K.S.A. Chapter 19, and
WHEREAS the Board is cognizant of the fact that the County of Ellsworth pays a substantial amount in tax dollars for Court-appointed counsel for adult, criminal misdemeanants who are capable of maintaining gainful employment, or who are otherwise capable of reimbursing the County of Ellsworth for costs of Court-appointed counsel, and
WHEREAS the Board is aware of no statute which precludes the imposition of this Application Fee,
NOW, THEREFORE, BE IT SO RESOLVED:

1) ANY DEFENDANT IN A CRIMINAL MISDEMEANOR  CASE WHO APPLIES FOR COURT-APPOINTED COUNSEL AND IS FREE ON BOND SHALL PAY AN APPLICATION FEE TO THE CLERK OF THE ELLSWORTH COUNTY DISTRICT COURT IN  THE AMOUNT OF $75.00.

2) THIS $75.00 APPLICATION FEE SHOULD BE HELD BY THE CLERK OF THE ELLSWORTH COUNTY DISTRICT COURT PENDING OUTCOME OF THE CASE.  IF THE CRIMINAL CASE RESULTS IN A CONVICTION, THEN THE $75.00 APPLICATION FEE SHALL BE  CONSIDERED AS PART OF THE COURT-APPOINTED ATTORNEY’S FEES ASSESSED AGAINST THE DEFENDANT BY THE SENTENCING JUDGE AND DELIVERED TO THE ELLSWORTH COUNTY GENERAL FUND. IF THE DEFENDANT BE FOUND “NOT GUILTY”, OR OTHERWISE ACQUITTED OR COMPLETELY     DISCHARGED FROM CRIMINAL LIABILITY, THEN THE APPLICATION FEE SHALL BE REFUNDED TO THE DEFENDANT.
   
3) THIS RESOLUTION SHALL BE EFFECTIVE UPON  PUBLICATION IN THE OFFICIAL COUNTY NEWSPAPER.

BE IT SO RESOLVED.
WITNESS OUR HANDS BELOW SET FORTH THIS 10TH DAY OF DECEMBER, 2012.

Albert Oller, Chairman
Kermit Rush, Chairman
Terry Kueser, Commissioner

ATTEST:

Janet L. Andrews
Ellsworth County Clerk

1t 12/13

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