[Adopted 5-3-2000 by Ord. No. 2000-4
(Ch. 50, Art. III, of the 1984 Code)]
[Amended 9-1-2004 by Ord. No. 2004-5; 12-15-2004 by Ord. No.
2004-8]
A.
All requests for discovery in matters pending in the
Deerfield Township Municipal Court shall be submitted through the
Municipal Prosecutor.
B.
The following fees shall be payable by the requestor
to the Township of Deerfield for the discovery provided:
(1)
For each of the first 10 pages photocopied: $0.75
per page.
(2)
For each of the next 10 pages photocopied: $0.50 per
page.
(3)
For each of the pages photocopied thereafter: $0.25
per page.
(4)
Actual postage for any discovery sent by mail.
(5)
For the envelope for any discovery sent by mail: $0.25.
(6)
Photographs will be photocopied at the rates established
herein. If requests are made for duplicate photographs, the actual
cost of making the photographs shall be charged.
(7)
Duplication of videotapes constitutes an extraordinary
duplication process and will be charged at the rate of $5 per videotape.
(8)
On any item that cannot be photocopied on the Township’s
copy machine or not otherwise provided for in this schedule, the actual
cost incurred in making the copy shall be charged.
C.
Where the discovery must be obtained from an entity
other than the Township of Deerfield, e.g., another police department,
the actual costs paid to the other entity shall be paid by the requestor.
[Amended 12-15-2004 by Ord. No. 2004-8]
The Municipal Prosecutor shall forward all checks which he receives for discovery to the Chief Financial Officer of the Township, and said funds shall be deposited by the Chief Financial Officer in the Township’s general fund. The Township shall retain 80% of the total cost of photocopying discovery documents, in accordance with the fee schedule set forth in § 85-5 of this chapter, to reimburse the Township for the cost of photocopying discovery documents, to offset the administrative costs incurred in maintaining such account and to offset the costs incurred for the photocopying of discovery provided to indigent defendants in cases where the discovery fee is waived by the Municipal Court. The Municipal Prosecutor shall be eligible to receive a 20% fee, to be paid in accordance with the Township’s Salary Ordinance, based upon the total discovery fee request administered by the Municipal Prosecutor and in accordance with the fee schedule set forth in § 85-5 of this chapter.
The Municipal Prosecutor shall be solely responsible
to determine what documents are discoverable in all Municipal Court
matters and proceedings, including traffic offenses.
The discovery application processing fee provided
for in this article shall apply to all Municipal Court defendants,
but such fee may be waived for indigent defendants in appropriate
cases at the discretion of the Municipal Court Judge. The Municipal
Prosecutor shall provide discovery to such indigent defendants or
to their attorneys regardless of whether the fee is paid by such defendant
or waived by the Municipal Court Judge.
The fiscal procedures for the handling of all
financial transactions provided for in this article shall be established
by the Chief Financial Officer of the Township of Deerfield to assure
that appropriate documentation is created and maintained for auditing
purposes and to ensure that all fees are properly deposited in municipal
accounts.
A certified copy of this article shall be filed
with the Municipal Court Clerk of the Township of Deerfield, with
the Chief Financial Officer, with the Municipal Prosecutor, and with
the Judge of the Deerfield Township Municipal Court.
