§ 45-29-81 — Public Defender Fund

(a) There is established in the Twenty-fourth Judicial Circuit a public defender fund for the payment of salaries and operating expenses of the indigent defense system within the Twenty-fourth Judicial Circuit to be administered in accordance with Article 1, commencing with Section 15-12-1, of Title 15. Upon May 4, 1982, the governing body of each county composing the circuit may establish a public defender fund to be administered by the clerk of the county commission of that respective county to receive and disburse funds paid therein in accordance with this section.
(b) In order to provide funds for the indigent defense system within the Twenty-fourth Judicial Circuit, the following docket fees shall be collected by the circuit court clerk in each county in addition to the docket fees that are presently provided by law and when collected by the clerk of the court shall be paid into the public defender fund. The additional docket fees shall be collected as follows:
(1) Circuit court:
a. Civil cases………………………..…………………….. $5.00
b. Felony criminal cases………..……………………….. $10.00
c. Misdemeanor criminal cases…………………………... $5.00
(2) District court:
a. Civil cases (other than small claims)…………………... $5.00
b. Traffic infraction (except parking)………………….…. $2.50
c. Misdemeanor. ……………………………………….…. $5.00
d. Felony guilty plea…………………………..……….… $10.00
e. Preliminary hearing ………………………..……….… $10.00
f. Juvenile……………………………………......…….…. $5.00
(c) All sums herein provided to be paid to the public defender fund may be kept in a separate account and may be expended for purposes set forth in this section. The Public Defender Commission shall submit an annual budget to the commissioner’s court clerk and warrants shall be issued in accordance therewith. Extraordinary expenses or expenditures may be made upon approval of the presiding circuit judge.
(d) At the end of each year, the Public Defender Commission may determine if there is a surplus within the public defender fund and if the commission may make that determination they may authorize the expenditure of such surplus funds in any other area of judicial operation.

Legislative History

(Act 82-530, p. 879, §§1-4.)