Memorandum

City of Lawrence

City Attorney's Office

TO:                  David Corliss, City Manager   

FROM:            Maria Kaminska, Assistant City Attorney

DATE:             September 5, 2013

RE:                  Recoupment Fees   

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At its regular meeting on September 3, 2013, the City Commission considered Ordinance No. 8898 establishing judicial discretion in recouping jail and reasonable attorneys’ fees for court-appointed counsel.  After Commission discussion, language has been added to provide a more detailed requirement that in making the determination for recoupment fees, the Municipal Court Judge must consider the defendant’s family size, income, and related factors. Staff recommends the ordinance, as amended, be passed.  

Action Requested:

Adopt on second reading, Ordinance No. 8898, establishing discretion for a Municipal Court Judge to order recoupment fees for convicted defendants who have been appointed counsel and/or served jail time for which the City incurred costs.