The Elkhart City Board of Public Safety on Nov. 12 approved an agreement with Elkhart Legal Aid to provide defense representation in Elkhart City Court for low-income defendants who cannot afford counsel.

Rose Rivera of the legal department told the board the nonprofit contract is intended to cover representation beginning Nov. 1 through the end of December, and that the city wishes to make a payment for service in October that had not previously been paid. Rivera explained the agreement is being entered in November to bring payments current and that, in practice, the judge uses his own computational system to determine indigency for appointment of counsel.

A board member asked if there is a standard determining factor included in the agreement; Rivera replied that there is no such factor in the contract itself and reiterated that the judge applies his own system to make those determinations. Following discussion, a member moved to approve the agreement for representation services in Elkhart City Court with Elkhart Legal Aid Incorporated; the motion was seconded and approved by voice vote.

The motion does not specify the precise funding line in the transcript; the legal representative stated the agreement will bring Elkhart Legal Aid payments current through December, including a back-payment for October. The board took no additional public-action steps at the meeting regarding implementation beyond approving the agreement.