(A) (1) A.C.A. § 14-20-102 has been amended in regard to the Fund for Defense of Indigents. Based on this legislation a levy of $5 has been imposed by the state with 80% of the funds collected to remain with the County Indigent Defense Fund and 20% to be remitted to State Treasurer Indigent Defense Fund.
(2) Under the provisions of A.C.A. § 14-20-102 where there are adequate unappropriated monies in the Public Defender Indigent Defense Fund the Quorum Court may also provide for the use of the funds for the purpose of defraying the cost of the Juvenile Division of the Chancery Court and for the purpose of defraying the cost of medical and dental costs incurred by the county for indigent defendants incarcerated in the county jail.
(B) (1) It is the intent of this section to recognize the state levy of $5 for the Indigent Defense Fund established by A.C.A. § 14-20-102, $4 of which is to be deposited into the County Indigent Defense Fund and $1, which is to be deposited into the State Indigent Defense Fund.
(2) It is further the intent of this section to levy an additional $5 payable to the County Indigent Defense Fund.
(C) (1) In accordance with A.C.A. § 14-20-102, in addition to all other costs and fees provided by law, an additional fee shall be levied not to exceed $5 to be taxed as costs in all civil cases filed, and upon a person upon conviction, plea of guilty, pleas of nolo contendere or bond forfeiture, in felony, misdemeanor, traffic violation cases for violation of state law or local ordinance, and violation of city ordinances, filed in any Circuit, Chancery, Probate, District, City or Police Court within the county. However, no fees shall be taxed as costs in any action filed in any small claims court. Monies collected pursuant to this section shall be deposited into the County Fund for defense of indigent persons.
(2) Effective on passage and approval of this section, the Circuit Clerk, County Clerk, Greenwood District Court Clerk, Fort Smith District Court Clerk, and Barling Police Court Clerk is hereby authorized and directed to add the sum of $5 to the filing fees and costs for all civil cases filed, aid upon a person upon conviction, plea of guilty, pleas of nolo contendere or bond forfeiture, in felony, misdemeanor, traffic violation cases for violation of state law or local ordinance, and violation of city ordinances, filed in any Circuit, Chancery, Probate, District, City or Police Court within the county.
(3) Fees so collected are to be paid to the County Treasurer by the twenty-fifth day of the following month and the Treasurer will create and maintain an account with these fees which will be entitled the “Indigents' Attorney Fees, Expenses and Costs Fund.”
(4) All funds for the Indigents Attorney Fees, Expenses and Costs Fund shall be applied to the County Public Defender's Office for the defense of indigent defendants. Where there are adequate unappropriated monies in the Public Defender Indigent Defense Fund the Quorum Court may also provide for the use of the funds for the purpose of defraying the cost of the Juvenile Division of the Chancery Court and the cost of medical and dental costs incurred by the county for indigent defendants incarcerated in the County Jail. All disbursements from the Fund shall be by general appropriation ordinance by the County Quorum Court.
(5) In the event the Public Defender's Office is incapable of representing an indigent because of a conflict of interest, then the Circuit Court may appoint a duly licensed attorney at law to represent the indigent.
(Ord. 93-16, passed 9-21-93)
Cross-reference:
Criminal cases; filing fee and cost, see § 33.085