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File #: RS2021-989    Name:
Type: Resolution Status: Passed
File created: 6/4/2021 In control: Metropolitan Council
On agenda: 6/15/2021 Final action: 6/15/2021
Title: A resolution repealing Resolution Nos. R84-128 pertaining to the assessment and collection of a fee to defray the costs of representing indigent defendants.
Sponsors: Kyonzte Toombs, Brandon Taylor, Colby Sledge, Sharon Hurt, Emily Benedict, Zulfat Suara, Ginny Welsch, Freddie OConnell, Delishia Porterfield
title
A resolution repealing Resolution Nos. R84-128 pertaining to the assessment and collection of a fee to defray the costs of representing indigent defendants.
body
WHEREAS, Tenn. Code Ann. ? 40-14-210 provides a fee is to be collected for the purpose of defraying the cost of representing indigent defendants (the "Public Defender Fee); and
WHEREAS, on February 7, 1984, the Metropolitan Council adopted Resolution No. R84-128 approving the collection of the Public Defender Fee; and

WHEREAS, in October of 2020, PFM's Center for Justice & Safety Finance issued a report prepared for the Metropolitan Government entitled "Reducing Reliance on Criminal Fines & Fees" (the "Report") wherein PFM addresses the community impact of the current system of fines and fees as well as the potential of systematic reduction of fines and fees; and,

WHEREAS, the Report, among other things, recommends that the Metropolitan Council eliminate the Public Defender Fee; and,

WHEREAS, the Metropolitan Council has determined that it is no longer in the best interest of its citizens to continue the assessment and collection of the Public Defender Fee and desires to repeal Resolution No. R84-128 in its entirety.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Resolution No. R84-128 is hereby repealed in its entirety.

Section 2. That this resolution shall take effect after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Agenda Analysis
Analysis

This resolution repeals Resolution No. R84-128 pertaining to the indigent defense fee. Tenn. Code Ann. ? 40-14-210 authorizes the Metropolitan Government, upon approval by a 2/3 vote of the Council, to collect a fee in the amount of $12.50 for the purpose of defraying the costs of legal representation and support services provided indigent defendants in criminal proceedings. The Council approved this fee in 1984...

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