 | RESOLUTION NO. 141 of 2020 DATED: August 25, 2020 |
RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 4 OF 2020) - A LOCAL LAW CREATING THE DEPARTMENT OF ASSIGNED COUNSEL (COUNTY LEGISLATURE)
| Seconded by: | Wilson |
WHEREAS, it is necessary to create a Department of Assigned Counsel to handle cases when the Public Defender's Office has a conflict; and
WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays.
NOW THEREFORE BE IT RESOLVED, that Introductory Local Law No. E of 2020 (Local Law 4) entitled "A Local Law Creating the Department of Assigned Counsel" hereby is adopted and is incorporated as follows:
Be it enacted by the Montgomery County Legislature as follows:
Section 1: Purpose
The purpose of this local law is to create a Department of Assigned Counsel to handle cases when the Public Defender's Office has a conflict. The Department of Assigned Counsel shall ensure the provision of professional, skilled, ethical,and client-centered legal representation for all clients.
Section 2: Assigned Counsel Administrator
The Department of Assigned Counsel shall be under the direction of the Assigned Counsel Administrator who shall be an attorney appointed by the County Executive subject to confirmation by the Montgomery County Legislature. The Assigned Counsel Administrator's term of office shall be concurrent with the term of the County Executive. At the time of appointment and throughout the term of office, the Assigned Counsel Administrator shall be and remain duly licensed and entitled to practice law in the State of New York. The Assigned Counsel Administrator shall be appointed on the basis of required legal experience and other qualifications appropriate to the responsibilities of the office.
Section 3: Assigned Counsel Administrator Duties
The Assigned Counsel Administrator shall
Section 4: Insulation
The Assigned Counsel Administrator and all attorneys participating in the program shall at all times be free from direct and indirect partisan or other political pressure and influence in exercising their best professional judgment in providing services to qualified indigent persons. It shall at all times be the responsibility of the attorneys participating in the program to act in the best interests of the persons for whom they are rendering services.
Section 5: Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 6: Conflict
To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.
Section 7: Effective Date
This law shall be effective upon recording with the Secretary of State.
RESOLUTION VOTE, passed with Aye(9). (8/25/2020)
Statement of Legislative and Financial Impact:
I. Nature of Request:
RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 4 OF 2020) - A LOCAL LAW CREATING THE DEPARTMENT OF ASSIGNED COUNSEL (LEGISLATURE)
II. Justification:
It is necessary to create a Department of Assigned Counsel to handle cases when the Public Defender's Office has a conflict
III. Legislative Impact:
Section 2.04 (f) of the Montgomery County Charter grants the Montgomery County Legislature the authority to create by local law County administrative units not headed by elected officials.
IV. Financial Impact:
Initial funding for the Department of Assigned Counsel will be offset by the NYS Indigent Legal Services Grant.
| cc: | County Clerk County Treasurer |
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