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9/22/1998
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9/22/1998
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
09/22/1998
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BOOK U PACS <br />Chairman Tippin advised that he separated this item from the Consent Agenda to ask <br />Assistant County Attorney Terrence P. O'Brien to explain it. <br />Assistant Attorney O'Brien explained that prior to the enactment of Section 39.0134 <br />of the Statutes, which will become effective October 1, the County was obligated to pay <br />court-appointed attorneys for dependency proceedings, however, there was no cap on their <br />hourly fee. It would usually run $100 per hour and the court would generally okay that <br />amount. After October 1, the County has the authority to regulate or put a cap on these fees. <br />The proposed resolution will establish compensation at $75 per hour in -court and $65 per <br />hour out-of-court beginning October 1st. He added that Chief Judge Paul Kanarak <br />recommended that a committee be formed to look at contracting for this work just as we do <br />with the misdemeanor and felony cases. Assistant Attorney O'Brien agreed with Judge <br />Kanarak's recommendation. The Legislature also passed, effective October 1, Section <br />39.013(8) which will require the judges to appoint counsel for all indigent parents, legal <br />custodians, or caregivers in dependency cases, unless they knowingly waive it. Previously, <br />appointment of counsel was at the judge's discretion. We, therefore, will incur more <br />attorney's fees because it will be mandatory. <br />Chairman Tippin suggested that Budget Director Joseph A. Baird be appointed to that <br />committee (which would consist of the Chief Judge, Assistant Attorney O'Brien, and a <br />representative from the County Bar Association). <br />Commissioner Ginn felt that was important, but did not see the need for a committee <br />just to put it out for bid. <br />Assistant Attorney O'Brien felt the input of the Judge and attorneys was important <br />and recommended that the committee be used for the selection of the successful bidder. <br />Commissioner Ginn felt that there were attorneys who would be very willing to bid <br />for the work at a very reasonable hourly charge. <br />Assistant Attorney O'Brien cautioned there was a need to have competent counsel, <br />because, if you do not, the decisions often get reversed and the expenses are even greater. <br />Ultimately it will be the Board's selection. <br />September 22, 1998 <br />22 <br />
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