[Repealed by Ord. No. 1419, 2-16-1971]
[Ord. No. 1235, 8-6-1968; Ord. No. 1855, 12-28-1982]
1. 
Suitable counsel for a defendant shall be appointed by the judge if:
a. 
The defendant is charged with a crime, or any proceeding concerning an order of probation, including but not limited to the revoking or amending thereof.
b. 
The defendant requests aid of counsel;
c. 
The defendant provides to the court in writing a verified financial statement and any other information in writing and under oath that the court may require or that the defendant desires to submit relating to the defendant’s financial ability to obtain counsel; and
d. 
It appears to the court that the defendant is without means and is unable to obtain counsel.
2. 
Appointed counsel shall not be denied to any person merely because the person’s friends or relatives have resources adequate to retain counsel or because the person has deposited or is capable of depositing security for release. However, appointed counsel may be denied to a person if the person’s spouse has adequate resources which the court determines should be made available to retain counsel. Counsel should be provided to any person who is financially unable to attain adequate representation without substantial hardship in providing necessities to the person or the person’s family.
3. 
The defendant’s financial statement under subsection (1) of this section shall include, but not be limited to:
a. 
A list of bank accounts in the name of defendant or defendant’s spouse, and the balance in each;
b. 
A list of defendant’s interests in real property and those of defendant’s spouse;
c. 
A list of automobiles and other personal property of significant value belonging to defendant or defendant’s spouse;
d. 
A list of debts in the name of defendant or defendant’s spouse, and the total of each; and
e. 
A record of earnings and other sources of income in the name of defendant or defendant’s spouse, and the total of each.
f. 
A copy of the defendant’s federal income tax return and the defendant’s spouse’s federal income tax return if filed separately.
4. 
If the court determines that a defendant meets the criteria under subsections (1) and (2) of this section, the court may grant a continuance to permit the defendant to make further efforts to obtain counsel, or the court may allow the defendant to execute an agreement with the agency paying the costs of a court-appointed counsel to repay on a monthly basis the cost of a court-appointed counsel. The agreement shall provide for repayment regardless of defendant’s guilt or innocence.
5. 
Unless otherwise ordered by the court, the appointment of counsel under this section shall continue during all criminal proceedings resulting from the defendant’s arrest through acquittal or the imposition of punishment. The court having jurisdiction of the case may substitute one appointed counsel for another at any stage of the proceedings when the interests of justice require such substitution.
6. 
If, at any time after the appointment of counsel, the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If, at any time during criminal proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.
7. 
A civil proceeding may be initiated by the City for expenditure of monies for the defendant’s legal assistance within two years of judgment if the defendant was not qualified in accordance with subsection (1) of this section for legal assistance or if the defendant within two years of judgment acquires funds or assets, not exempt from execution under law, which would have disqualified defendant from court appointed counsel had such funds or assets been available upon initial application.
[Ord. No. 1235, 8-6-1968; Ord. No. 2890, Amended, 3-17-2022]
If, at any time after the appointment of counsel, the Court finds that the defendant is financially able to obtain counsel or to make partial payment for the services of counsel, the Court may terminate the appointment of counsel or require such partial payment or enter an order against the defendant in favor of the City for such fees as the City has paid. If, at any time during proceedings, the Court finds the defendant is financially unable to pay counsel whom the defendant has retained, the Court may appoint counsel as provided in LOC § 13.06.320.
[Ord. No. 1235, 8-6-1968; Ord. No. 1855, 12-28-1982]
1. 
Counsel appointed pursuant to LOC § 13.06.320 shall, by order of the court be paid fair compensation for representation in the case by the City in which the proceeding is had.
2. 
The total compensation payable to appointed counsel shall be subject to the review of the municipal judge. The municipal judge shall certify that such payment is fair compensation for representation in the case.
3. 
The person for whom counsel has been appointed is entitled to reasonable expenses for investigation, preparation and presentation of the case. The person or the counsel for the person may upon cause shown, which need not be disclosed to the district attorney prior to any hearing, secure approval and authorization of payment of such expenses as the court finds are necessary and proper in the investigation, preparation and presentation of the case, including but not limited to travel, telephone calls, photocopying or other reproduction of documents and expert witness fees.
4. 
Upon completion of all services by the appointed counsel, the counsel shall submit to the court an affidavit containing an accurate statement of all reasonable expenses of investigation, preparation and presentation paid or incurred, supported by appropriate receipts or vouchers. The court shall thereupon enter an order directing the City to pay the counsel the amount of the expenses approved by the court.
5. 
Upon completion of all services by the appointed counsel, the court shall determine whether the person for whom counsel was appointed is able to pay a portion of the compensation and expenses paid by a county. In determining whether the person is able to pay such portion, the court shall take into account the other financial obligations of the person, including any fine or order to make restitution. In addition to any agreement to repay under LOC § 13.06.320, if the court determines that the person is able to pay such portion, the court may order the person to pay the portion to the appropriate officer of the City.