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Lima, OH Code of Ordinances
CODIFIED ORDINANCES OF LIMA, OHIO
CHARTER OF THE CITY OF LIMA, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - PROPERTY MAINTENANCE CODE
PART TWENTY - NUISANCE ABATEMENT
CHAPTER 222
Department of Law; Public Defender
222.01   Establishment and Composition of Law Department.
222.02   Establishment and Composition of Public Defender's Office.
222.03   Term of Public Defender.
222.04   Representation of Indigent Defendants.
222.05   Public Defender Advisory Committee.
222.06   Reimbursement of State Misdemeanor Cases.
222.07   Appointment of Counsel.
   CROSS REFERENCES
   Qualifications and duties of the Director of Law - see CHTR. Sec. 73 
   Director's election and term - see CHTR. Sec. 74 
   Director's salary - see CHTR. Sec. 75 
   Assistant Director of Law to be City prosecutor in any criminal court or the
   Municipal Court - see CHTR. Sec. 76 
   Appointment, qualifications, term, salary and duties of the Assistant Director - see CHTR. Secs. 76, 77 
   Municipal Court - see CHTR. Sec. 126; ADM. Ch. 298 
   Director to be Chairman of the Board of Review - see B.R. & T. 880.13 
222.01   ESTABLISHMENT AND COMPOSITION OF LAW DEPARTMENT.
   (A)   A Department of Law is hereby established in and for the City. The Department shall consist of the Director of Law, the Assistant Directors of Law and such other officials and employees as the Charter may require or as Council may determine from time to time.
   (B)   In addition to performing their duties as prosecutors in the Municipal Court, the Assistant Directors of Law shall perform all duties required of them by the Director of Law and such other duties as are required by the Charter and the Ohio Revised Code to be performed by the city solicitor of a municipality. In the event of the temporary absence or disability of the Director of Law, an Assistant Director of Law shall be designated by and empowered to act for the Director in all matters requiring the attention of such official.
222.02   ESTABLISHMENT AND COMPOSITION OF PUBLIC DEFENDER'S OFFICE.
   (A)   An office of the Public Defender is hereby established in and for the City. The Public Defender and all assistants authorized by Council shall be attorneys at law, admitted to practice in the State and shall be appointed by Council.
(Ord. 123-74. Passed 4-29-74.)
   (B)   The office of Public Defender shall consist of the Public Defender and such other officials and employees as Council may determine from time to time and shall be under the supervision of the Public Defender.
(Ord. 127-73. Passed 6-18-73.)
222.03   TERM OF PUBLIC DEFENDER.
   The Public Defender and his or her assistants shall be appointed without any specific term and shall serve at the pleasure of Council. The Defender and his or her assistants may be removed by a majority vote of Council. The Defender and his or her assistants shall receive compensation as determined by Council, but not in excess of the amount paid to Municipal Court prosecutors. Necessary clerical assistants, suitable accommodations and expenses shall be provided as Council shall determine from time to time.
(Ord. 227-75. Passed 12-22-75.)
222.04   REPRESENTATION OF INDIGENT DEFENDANTS.
   The Public Defender and his assistants shall act as legal advisors and counsel for indigent defendants who are charged in the Municipal Court with a crime for which the possible penalty includes imprisonment. The judges of the Municipal Court shall determine whether or not a defendant is indigent and may delegate authority in such respect to the office of the Public Defender. In each and every case, a thorough investigation shall be made to determine indigency, and records of such investigation shall be open to public inspection.
(Ord. 123-74. Passed 4-29-74.)
222.05   PUBLIC DEFENDER ADVISORY COMMITTEE.
   (A)   There is hereby established a Public Defender Advisory Committee, consisting of one member appointed by Council, one member recommended by the Mayor, and one member recommended by the Civil Service Board, all to be appointed by the City Council. No appointee to the Committee shall be an elected official or a member of a law firm with which any employee of the office of Public Defender or the Department of Law is associated. The Committee shall elect a Chairperson. All members shall be appointed for one-year terms, which shall automatically renew on an annual basis until new members shall be recommended by the respective body and approved by Council.
   (B)   In the event that a vacancy or resignation occurs in any of the authorized attorney positions in the office of the Public Defender, the attorney in charge of the office shall immediately give written notice thereof to the Committee Chairman, who shall notify the President of the County Bar Association. The Association shall interview all attorneys interested in the position and forthwith recommend appointment of the best qualified applicant to the Committee. The Committee, upon receipt thereof, shall review such recommendation and make its recommendation to Council.
   (C)   In the event that any complaint is made against any attorney employed by the office of the Public Defender, the Committee shall meet within ten days thereof and shall recommend to Council at its next regular meeting such action as it deems advisable.
(Ord. 207-75. Passed 11-10-75; Ord. 141-98. Passed 8-24-98; Ord. 153-98. Passed 9-28-98.)
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