01-75 ORDINANCE NO. 1-75.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING
FOR THE CREATION OF THE OFFICE OF MUNICIPAL
PUBLIC DEFENDER SETTING FORTH THE TERMS AND
DUTIES OF SAID POSITION AND PROVIDING FOR THE
METHOD OF ESTABLISHING COMPENSATION THEREFORE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, this Ordinance is deemed to be an emergency measure enacted
for the immediate preservation of the public peace, property, health and
safety and for the efficient daily operation of the Municipal Court system:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAy. BEACH, FLORIDA, AS FOLLOWS:
Section 1. There is hereby created the non-classified office of
Municipal Public Defender and such Assistants as Council shall appoint.
The City Council shall appoint persons who shall be a member in good
standing of the Florida Bar with at least two years' experience as a
practicing attorney in Florida to fill the offices. Persons appointed
shall serve at the pleasure of the City Council. The duties of said
office shall consist of undertaking the defense of any accused persons
appearing before the Municipal Court who are deemed by the presiding Judge
or Judge Ad Litem of the Municipal Court when said Judge or Judge Ad Litem
shall determine said accused is indigent and is accused of an offense
where there is a possibility of a jail term. The compensation for the
office of Municipal Public Defender shall be established by Resolution or
Ordinance.
Section 2.' All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
Section 3. If any section, subsection, sentence, clause, phrase or
p~rtion of this ordinance is for any reason held invalid or unc°nstitu-
tional by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
Section 4. That this ordinance is declared an emergency ordinance
and shall become effective upon first and final reading.
PASSED AND ADOPTED in special session on this the 6th day of January,
1975.
ATTEST:
City Clerk