[Adopted 5-3-2000 by Ord. No. 2000-4 (Ch. 50, Art. III, of the 1984 Code)]
[Amended 9-1-2004 by Ord. No. 2004-5; 12-15-2004 by Ord. No. 2004-8]
All requests for discovery in matters pending in the Deerfield Township Municipal Court shall be submitted through the Municipal Prosecutor.
The following fees shall be payable by the requestor to the Township of Deerfield for the discovery provided:
For each of the first 10 pages photocopied: $0.75 per page.
For each of the next 10 pages photocopied: $0.50 per page.
For each of the pages photocopied thereafter: $0.25 per page.
Actual postage for any discovery sent by mail.
For the envelope for any discovery sent by mail: $0.25.
Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.
Duplication of videotapes constitutes an extraordinary duplication process and will be charged at the rate of $5 per videotape.
On any item that cannot be photocopied on the Township’s copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
Where the discovery must be obtained from an entity other than the Township of Deerfield, e.g., another police department, the actual costs paid to the other entity shall be paid by the requestor.
[Amended 12-15-2004 by Ord. No. 2004-8]
The Municipal Prosecutor shall forward all checks which he receives for discovery to the Chief Financial Officer of the Township, and said funds shall be deposited by the Chief Financial Officer in the Township’s general fund. The Township shall retain 80% of the total cost of photocopying discovery documents, in accordance with the fee schedule set forth in § 85-5 of this chapter, to reimburse the Township for the cost of photocopying discovery documents, to offset the administrative costs incurred in maintaining such account and to offset the costs incurred for the photocopying of discovery provided to indigent defendants in cases where the discovery fee is waived by the Municipal Court. The Municipal Prosecutor shall be eligible to receive a 20% fee, to be paid in accordance with the Township’s Salary Ordinance, based upon the total discovery fee request administered by the Municipal Prosecutor and in accordance with the fee schedule set forth in § 85-5 of this chapter.
The Municipal Prosecutor shall be solely responsible to determine what documents are discoverable in all Municipal Court matters and proceedings, including traffic offenses.
The discovery application processing fee provided for in this article shall apply to all Municipal Court defendants, but such fee may be waived for indigent defendants in appropriate cases at the discretion of the Municipal Court Judge. The Municipal Prosecutor shall provide discovery to such indigent defendants or to their attorneys regardless of whether the fee is paid by such defendant or waived by the Municipal Court Judge.
The fiscal procedures for the handling of all financial transactions provided for in this article shall be established by the Chief Financial Officer of the Township of Deerfield to assure that appropriate documentation is created and maintained for auditing purposes and to ensure that all fees are properly deposited in municipal accounts.
A certified copy of this article shall be filed with the Municipal Court Clerk of the Township of Deerfield, with the Chief Financial Officer, with the Municipal Prosecutor, and with the Judge of the Deerfield Township Municipal Court.