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Ohio Laws and Rules
It is the intent of the commission to adopt rules to govern the manner and form under which the Ohio public defender commission shall conduct its programs of providing, supervising, and coordinating legal representation pursuant to Chapter 120. of the Revised Code. It is the intent of the commission that such rules will apply to assigned/appointed counsel and county or joint county public defender systems. It is also the intent of the commission that the rules be applied in a uniform manner that will insure proper and adequate legal services for the indigent and other persons entitled to such services in Ohio.
HISTORY: Eff 1-9-78; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03
Rule amplifies: RC 120.03
RC 119.032 Review Dates: 8/27/99, 8/27/04
Ohio public defender commission’s rules are promulgated pursuant to divisions (B)(1), (B)(6), (B)(7), and (B)(8) of section 120.03 of the Revised Code. Further considerations include State vs. Tymcio (1975), 42 Ohio St.2d. 39 and the Ohio supreme court rules of superintendence.
(A) General statement of policy. When required by rule or law to appoint counsel for indigent persons, the criteria for determining indigency shall include: ownership and ready availability of real or personal property; all household income, inheritance, expectancies, and other assets; number and age of dependents; outstanding debts, obligations and liabilities; and any other relevant considerations. The pivotal issue in determining indigency is not whether the applicant ought to be able to employ counsel but whether the applicant is, in fact, able to do so. Possible sources of income, assets, and liabilities are listed on the financial disclosure form attached hereto in appendix A.
(B) Income standards.
(1) Presumptive eligibility. Without other substantial assets, individuals whose income is not greater than 125 per cent of the current poverty threshold established by the United States office of management and budget may be presumed to require the appointment of counsel. An individual whose income is between 125 percent and 187.5 per cent of the federal poverty guidelines may still be presumed to require the appointment of counsel if any of the following apply:
(a) Applicant’s household income, minus allowable expenses, yields no more than 125 per cent of the federal poverty income guidelines.
(b) Allowable expenses are the cost of medical care, childcare, transportation, and other costs required for work, or the cost associated with the infirmity of a resident family member incurred during the preceding twelve months and child support actually paid from household income.
(c) The applicant has liabilities and or expenses, including unpaid taxes, the total of which exceeds the applicant’s income.
(2) Presumptive ineligibility. Applicants having liquid assets that exceed one thousand dollars for misdemeanor cases and five thousand dollars in felony cases shall be presumed to be not indigent. For purposes of this rule, “liquid assets” are defined as those resources that are in cash or payable upon demand. The most common types of liquid assets are cash on hand, savings accounts, checking accounts, trusts, stocks, and mortgages. Applicants with an income over 187.5 per cent of the federal poverty level shall be deemed not indigent.
(3) The poverty income thresholds (125 per cent-187.5 per cent) are updated annually by the United States office of management and budget and may be found in the federal register. These income thresholds are based on gross income. They will be available, on request, from the Ohio public defender commission.
(4) Applicants being detained in a state institution shall have only their own income and assets considered, as they have no “household” for purposes of this rule.
(C) Other factors.
(1) Seriousness of charge weighed against possession of liquid assets. In determining whether a defendant is indigent, the seriousness of the charge shall be taken into consideration. A defendant may be found not indigent if the individual possesses liquid assets in excess of the assigned/appointed counsel fees paid for a case of equal seriousness in the county in which the charges are brought. In lieu of using the assigned/appointed counsel fee, other methods of determining fees for competent counsel may be used, including a survey of attorneys representing defendants in criminal cases.
(2) The equity value in the applicant’s principal residence and other valuable assets may be included in the consideration.
(3) Release on bail shall not prevent a person from being determined indigent.
(4) Counsel shall not be denied solely because an applicant’s friends or relatives have resources adequate to retain counsel.
(D) Juvenile court. In determining eligibility of a child for court-appointed counsel in juvenile court, only the child’s income shall initially be considered. The court is encouraged to order parents who are not indigent to pay for the necessary costs of representation for the child in delinquency, unruly, and traffic cases. In no case shall a child be denied appointed counsel because a parent refuses to disclose their financial information or to participate in a reimbursement, recoupment, contribution, or partial payment program.
(E) Redetermination. A preliminary determination of ineligibility for legal representation shall not foreclose a redetermination of eligibility when, at a subsequent stage of a proceeding, new information or changes in circumstances concerning the financial inability to retain competent counsel becomes available.
(F) Waiver. The person or agency determining indigency in individual cases has the authority to waive these guidelines in unusual or meritorious situations. In such situations, the waiver decision shall be documented and included in the client’s file. However, despite the income and assets of the individual requesting court-appointed counsel, the person or agency making the determination of indigency must consider State vs. Tymcio (1975) 42 Ohio St. 2d. 39, which states “to make the right of court-appointed counsel a factual reality, the determination of need must turn, not upon whether an accused ought to be able to employ counsel, but whether he is, in fact, able to do so.” Id. at 45.
(G) Confidentiality. Rules, regulations, and procedures concerning the determination of initial eligibility and/or continued eligibility shall not require assigned/appointed counsel and/or public defenders to make any disclosures concerning the client’s financial status beyond disclosures mandated by the binding ethical rules of the jurisdiction, the court’s determination of indigency, and section 120.38 of the Revised Code.
(H) Other prohibitions. The procedure whereby it is determined whether or not a person is entitled to have publicly provided counsel shall not deter a person from exercising any constitutional, statutory, or procedural right. Specifically, such rights shall not be deprived by any means, including, but not limited to the following:
(1) By such stringency of application of financial eligibility standard as may cause a person to waive representation of counsel rather than incur the expense of retained counsel;
(2) By unnecessarily conditioning the exercise of the right to counsel on the waiver of some other constitutional, statutory, or procedural right.
(I) Requests for specific appointed counsel. When a defendant makes a request for a specific appointed counsel pursuant to section 120.33(A) of the Revised Code, such request shall be acted upon promptly.
(J) Those counties that appoint counsel for persons with incomes between 125 per cent and 187.5 per cent of the current poverty threshold, shall establish a reimbursement, recoupment, contribution, or partial payment program that includes a fee for the cost of income verification.
(K) Financial disclosure form. A form requesting information from the applicant shall be completed for each client prior to appointment of counsel or as soon thereafter as practicable. Each county shall use the application for court-appointed representation form as set forth in appendix A of this rule.
(1) The financial disclosure/affidavit of indigency form set forth in appendix A shall be used unless the county submits their own form to the Ohio public defender commission for review and approval. The form must include the information listed in paragraph (D) of this rule. The form must also contain an affidavit of indigency and the judge certification as set forth in appendix A. Counties that are already using their own form may continue to use this form during the review process. The commission shall, in turn, notify such jurisdiction of the approval or disapproval of the financial disclosure form within ninety days of submission.
(L) Review and approval. Any programs established pursuant to paragraph (J) of this rule shall be sent to the Ohio public defender commission for review and approval before the program becomes effective. In counties that already have such a program, the program may continue during the review process. The commission shall, in turn, notify such jurisdiction of the approval or disapproval of local programs within ninety days of submission.
(M) Partial reimbursement. The ability to contribute a portion of the cost of adequate legal representation shall not preclude eligibility for assigned/appointed counsel. All programs developed to seek reimbursement for the cost of assigned/appointed counsel from the defendant shall be subject to guidelines established for such programs in other commission rules. Programs established for those who fall above income/asset levels shall be approved by the Ohio public defender commission.
(N) Verification procedures. All counties shall have an income verification process. This process shall be used to verify the financial information provided by the applicant on the financial disclosure form. Income verification need not be done on every case, but may be done randomly based on complaints, or by any other method that is practical.
Appendix A Financial Disclosure/Affidavit of Indigency
I. Personal information
Name D.O.B.
Mailing Address City State Zip Phone
( )
Residence (if different from above) Message Phone (within 48 hours)
( )
II. Other persons living in household
Name Age Relationship Name Age Relationship
1) 3)
2) 4)
III. Monthly income/employment information
Type of Income Self Spouse Household Members Total
Employment (Gross)
Unemployment
Worker’s Comp.
Pension
Social Security
Child Support
Work First/TANF
Disability
Food Stamps
Other
Employer’s Name (for all household members)
Subtotal A $
Address Phone
( )
IV. Allowable expenses V. Total income
Type of Expense Amount
Child Support Paid Out
Child Care (if working only) Total Monthly Income – Total Allowable Expenses = Total Income
Transportation for Work
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Insurance Subtotal A $
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Medical/Dental Subtotal B $
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Medical & Associated Costs
Of Caring for Infirm Family Grand total C $
Members
Subtotal B $
VI. Asset information
Type of Asset Describe / Length of Ownership / Make, Model, Year (where applicable) Estimated Value
Real Estate / Home Price:$ Date Purchased Equity:
Stocks / Bonds / CD’s
Automobiles
Trucks / Boats / Motorcycles
Other Valuable Property
Cash on Hand
Money Owed to Applicant
Other
Checking Acct. (Bank / Acct. #)
Savings Acct. (Bank / Acct. #)
Credit Union (Name / Acct. #)
Grand total D $
VII. Monthly liabilities/other expenses VIII. Grand totals
Type of Liability Amount
Rent / Mortgage Grand Total C
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Food Total Monthly Income
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Electric
Gas
Fuel
Telephone Grand Total D
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Cable Total Assets
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Water / Sewer / Trash
Credit Cards
Loans
Taxes Owed Total Monthly Liabilities Grand Total E
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Other and Other Expenses
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Grand total E
IX. Affidavit of indigency
1, _______________________________________________ being duly sworn, say:
1. I am financially unable to retain private counsel without substantial hardship tome or my family.
2. I understand that I must inform my attorney if my financial situation should change before the Disposition of my case.
3. I understand that if it is determined by the county, or by the Court, that legal representation was provided to for me to which I was not entitled, I may be required to reimburse the county for the costs of representation provided. Any action filed by the county to collect legal fees hereunder must be brought within two years from the last date legal representation was provided.
4. I understand that I am subject to criminal charges for providing false financial information in connection with the above application for legal representation pursuant to Ohio Revised Code Sections 120.05 and 2921.13(A)(4),(A)(6).
5. I hereby certify that the information I have provided on this financial disclosure form is true to the best of my knowledge.
Client’s Signature Date
Notary Public:
Subscribed and duly sworn before me according to law, by the above named applicant this ___________ day of __________________________, __________________, County of ________________________ and State of _____________________.
Notary’s Signature
X. Judge certification
I hereby certify that above-noted client is unable to fill out and/or sign this financial disclosure/affidavit for the following reason: __________________________________________________.
I have determined that the applicant meets the criteria for receiving court appointed counsel.
Judge’s Signature Date
HISTORY: Eff 1-9-78; 9-27-91; 1-1-96; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03(B)
Rule amplifies: RC 120.03(B)(1)
RC 119.032 Review Dates: 8/27/99, 8/27/04
Subject to prior approval of the court, other counsel should be employed whenever necessary to protect the rights of the client, including, but not limited to the following:
(A) When dealing with matters involving highly technical areas requiring special expertise;
(B) When needed to depose a witness not located in the immediate area;
(C) When necessary to resolve conflicts of interest;
(D) When the assistance of other counsel is necessary to provide an adequate and effective defense.
HISTORY: Eff 1-9-78; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03
Rule amplifies: RC 120.03
RC 119.032 Review Dates: 8/27/99, 8/27/04
The commission supports the development of recoupment programs, contribution programs, partial payment programs, marginally indigent programs, and other efforts to contain costs. However, any such program should not jeopardize the quality of defense provided or act to deny representation to qualified defendants. Examples of such programs will be available through the office of the Ohio public defender. In no case shall such a program require or include direct payment(s) from the applicant to appointed counsel. No payments, compensation, or in-kind services shall be required from an applicant or client whose income falls under 125 per cent of the federal poverty guidelines.
HISTORY: Eff 1-9-78; 9-27-91; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03(B)
Rule amplifies: RC 120.05(B)
RC 119.032 Review Date: 8/27/99, 8/27/04
The supporting staff, facilities, and other requirements needed to maintain and operate an office of a county or joint county public defender shall be sufficient to allow effective representation and shall be substantially equivalent to that provided for other public components of the justice system. In applying this rule, the following criteria shall be governing:
(A) The budget of a public defender shall include:
(1) Adequate quarters and other facilities;
(2) An adequate library to meet the needs mandated by the duties of the office, considering the needs of the office and the availability of other libraries;
(3) Adequate tape-recording, photographic, and other investigative equipment of a sufficient quantity, quality, and versatility to permit preservation of evidence;
(4) Funds available for the confidential employment of experts and specialists, such as psychiatrists, pathologists, and other scientific experts in all cases where the same may be of assistance to the defense;
(5) Supportive services shall include secretarial, investigative, and other services necessary for an adequate defense. These shall include not only those services needed for an effective defense at trial, but also those that are required for effective defense participation in every phase of the process, including determinations on pretrial release, competency to stand trial, and disposition following conviction, appeals, and postconviction relief.
(B) The office of the county public defender or joint county public defender shall be located with consideration for the convenience to clients and access to the courts and other necessary services.
(C) Each defender shall have adequate office space to assure privacy in consultation with clients and efficiency in operations.
HISTORY: Eff 1-9-78; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03
Rule amplifies: RC 120.03
RC 119.032 Review Date: 8/27/99, 8/27/04
Neither the public defender office nor public defender attorney should accept a workload which, by reason of the excessive size thereof, threatens to deny due process of law to clients or places the office or attorney in imminent danger of violating the “Code of Professional Responsibility.”
(A) Each public defender office shall establish a minimum and maximum workload for its attorneys and staff, the overall goal being high quality criminal defense representation achieved efficiently.
(B) No public defender attorney shall accept any appointment which exceeds or jeopardizes his or her ability to render effective assistance of counsel to each defendant. No public defender shall accept a case in violation of the “Code of Professional Responsibility.”
(C) Whenever by reason of excessive workload the public defender determines that the assumption of additional cases or continued representation in previously accepted cases by his office lead to inadequate representation in these or other cases, he shall declare such fact to the court.
HISTORY: Eff 1-9-78; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03
Rule amplifies: RC 120.03
RC 119.032 Review Date: 8/27/99, 8/27/04
County commissioners, public defenders, county public defender commissions, and joint county public defender commissions may contract with a municipal corporation for the legal representation of indigent persons charged with violations of the ordinances of the municipal corporation.
(A) All such contracts with municipal corporations pertaining to legal representation of indigent persons charged with violations of municipal corporation ordinances shall have approval of the Ohio public defender commission.
(B) Reimbursement by the municipal corporation for representation of such indigent persons may be by a contractual amount or a fee schedule, however, in either event such reimbursement shall not exceed the fee schedule in effect and adopted by the county commissioners of the county wherein the municipal corporation is located.
(C) All contracts with municipal corporations shall provide for conformity with the standards of indigency and other rules and standards established by the Ohio public defender commission and the state public defender.
HISTORY: Eff 1-9-78; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03
Rule amplifies: RC 120.03
RC 119.032 Review Date: 8/27/99, 8/27/04
(A) A county shall not receive reimbursement for defense costs from the state public defender unless the assigned/appointed counsel and/or public defender representing the indigent applicant meets the following minimum qualifications:
(1) Where the defendant is charged with aggravated murder with death penalty specifications, or has been convicted and sentenced to death, any attorney appointed for trial or appellate representation must meet the qualifications set forth in rule 20 of the Ohio supreme court “Rules of Superintendence” and appear on the list of attorneys qualified to accept appointments in capital cases promulgated by the rule 20 committee or have a waiver issued by the rule 20 committee.
(2) Where the defendant is charged with murder or aggravated murder without specifications, appointed counsel shall possess:
(a) Prior experience as trial counsel or co-counsel in one prior murder trial; or
(b) Prior experience as trial counsel in two first degree felony or aggravated felony trials; or
(c) Prior experience as trial counsel in ten or more jury trials.
(3) Where the defendant is charged with a felony of the first, second, or third degree, appointed counsel shall possess:
(a) Prior experience as trial counsel in two or more first, second, or third degree felony trials, at least one of which was a jury trial; or
(b) Prior experience as trial counsel in any four jury trials at least one of which was a jury trial in a first, second, or third degree felony ; or
(c) Prior experience as trial counsel in any two criminal trials; and
(i) Co-counsel in at least one criminal jury trial;
(ii) Trial counsel or co-counsel in two jury trials.
(4) Where the defendant is charged with a fourth- degree or fifth degree felony, appointed counsel shall possess:
(a) Prior experience as trial counsel or co-counsel in at least one jury trial; or
(b) Prior completion of a training program on criminal practice or procedure which is certified for continuing legal education credit by the Ohio supreme court commission on continuing legal education.
(B) Assignment should be distributed as widely as possible among members of the bar who meet the qualifications for assignment.
(C) If appointed counsel fails to follow the stated qualifications, the Ohio public defender commission may refuse to approve reimbursement for the appointment of particular counsel pursuant to division (B) of section 120.18, division (B) of section 120.28 and sections 120.33 and 2941.51 of the Revised Code. Prior to the appointment or at the time of appointment, the court may submit the appropriate qualification information pertaining to counsel to the Ohio public defender for determination of whether counsel qualifies for reimbursement pursuant to division (B) of section 120.18, division (B) of section 120.28, and sections 120.33 and 2941.51 of the Revised Code.
(D) The respective courts and county and joint county public defender commissions shall be free to adopt local rules requiring qualifications in addition to the minimum standards established by this rule.
HISTORY: Eff 9-10-79; 11-6-84; 9-27-91; 1-1-00
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03(B), 120.04(B)
Rule amplifies: RC 120.03(B), 120.18(B), 120.28(B), 120.33(A)(4)
RC 119.032 Review Date: 8/27/99, 8/27/04
The following time limits on submission of requests for state reimbursement under the Ohio indigent defense program by county boards of county commissioners to the state public defender office are hereby adopted:
(A) Assigned/appointed counsel expenditures shall not be reimbursed by the state public defender unless submitted by the county within ninety days of the end of the calendar month in which the case involved was terminated.
(B) County public defender office operating expenditures shall not be reimbursed by the state public defender unless submitted by the county within sixty days of the end of the calendar month in which the expenditures were incurred.
The state public defender may grant an extension in writing to a county that has made a request for an extension in writing for a period of time not exceeding that originally allowed under this rule in order to correct errors in an attorney certificate or county public defender monthly statement and resubmit them.
HISTORY: Eff 5-8-81; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03
Rule amplifies: RC 120.03(B), 120.18(A), 120.28(A), 120.33(A(4))
RC 119.032 Review Date: 8/27/99, 8/27/04
(A) The purpose of this rule is to establish standards governing contracts between county and joint county public defender commissions and non-profit organizations or the state public defender to provide legal representation pursuant to Chapter 120. of the Revised Code. Any county that desires to receive reimbursement from the state public defender for such a contract system must first obtain approval of the contract from the Ohio public defender commission. No reimbursement will be made for contracts that do not have prior approval of the Ohio public defender commission. All contracts submitted to the commission for approval must be drafted in accordance with the provisions of section 120.14 or 120.24 of the Revised Code.
(B) Contracting authority
Contracting authority as used in this rule, is a county or joint county public defender commission established pursuant to section 120.13 or 120.23 of the Revised Code unless the contractor is the state public defender, in which case the contracting authority is the board of county commissioners. Any contract with a non-profit organization submitted to the commission for approval pursuant to this rule must be accompanied by both the court order and the county commissions resolution that established the county or joint county public defender commission and that appointed the members to that commission.
(C) Contractor
Contractor as used in this rule, is the state public defender or a non-profit organization incorporated in the state of Ohio. The primary purpose of the non-profit organization must be to provide legal representation to indigent persons. Any contract for approval pursuant to this rule must be accompanied by the Ohio articles of incorporation of the contractor.
(D) Approval of the county board of commissioners
The contracting authority shall obtain the approval of the county board of commissioners for the entire amount of a contract with a non-profit organization prior to signing the contract. The board of county commissioners shall not interfere with the selection of the non-profit organization with which to contract. All contracts submitted to the commission pursuant to this rule must contain a resolution of the board of county commissioners that sufficient funds have been or will be appropriated and will be available to meet the contracting authority’s obligations under the contract.
(E) Elements of a contract for indigent defense services
(1) Parties. The contract shall identify the contracting authority, the contractor, and any other public or private person, agency, or organization which is party to the contract.
(2) Scope of the contract. The contract shall specify the categories and percentages of indigent defense cases in which the contractor is to provide services and the categories in which the contractor is not to provide services.
(3) Determination of eligibility. The contract shall specify the procedure by which client financial eligibility is to be determined and contain a standard of indigency incorporating by reference rule 120-1-03 of the Administrative Code.
(4) Term of the contract. Contracts for legal defense services shall be awarded for a term of one year. The contract shall specify that the contractor has the responsibility to complete any and all cases once representation is commenced under the terms of the contract. Representation commenced in the trial court shall be continued through all trial court proceedings; representation commenced by or taken to an appeals court by the contractor shall be continued until the appeals process is terminated by an action final on the merits by that appeals court. The contract should specify that this provision does not prohibit a contractor or attorney from withdrawing from a case due to a conflict of interest recognized by a court, or from withdrawing due to a finding of the client’s financial ineligibility for services.
(5) Attorney staff. The contract may require the contractor to use full-time or part-time attorneys. If the contract is for the use of part-time attorneys, it shall contain provisions to ensure that the part-time attorneys devote the time necessary to provide effective representation to the indigent clients.
(6) Support staff, investigators, and forensic experts. The contract shall provide for the employment of a support staff or secretaries and non-legal personnel for the office. The contract should also specify that adequate funds be provided for investigators, social workers, mental health professionals, and other forensic experts necessary to provide competent representation. No contract clause should interfere with the contractor’s selection, supervision, and direction of these persons.
(7) Compensation. The contract shall provide that the contractor compensate its staff employees, subcontractors and retained forensic experts at rates commensurate with their training, experience and responsibilities, and compensation paid to persons doing similar work in public agencies in the jurisdiction.
(8) Extraordinary compensation. The contract shall provide for extraordinary compensation in cases that require an extraordinary amount of time and preparation, including but not limited to cases in which the death penalty is a possibility. Services that require compensation in excess of the normal rate should be defined in the contract.
(9) Compensation of additional attorneys and conflicts of interest. The contract shall contain provision for compensation for additional attorneys where conflicts of interest arise and the contractor is unable to provide representation. The contract may contain provisions respecting other extraordinary circumstances creating an inability to provide representation and necessitating compensation for additional attorneys.
(10) Financial reports. The contract shall provide that the contractor retain financial records, submit financial reports, and submit to a financial audit no less frequently than annually and report these findings to the contracting authority. Copies of the annual audit shall be forwarded to the Ohio public defender commission as part of the annual report submitted pursuant to sections 120.14 and 120.24 of the Revised Code.
(11) Standards of representation. The contract shall require that the contractor provide legal services to all clients in a professional, skilled manner consistent with Chapter 120. of the Revised Code, the rules of the Ohio public defender commission, the Ohio public defender standards and guidelines, the canons of ethics for attorneys in Ohio, and case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. The contract shall provide that counsel under contract shall be available to eligible defendants at their request or the request of someone acting on their behalf at arrest, formal charging, or indictment. The contractor shall insure that attorneys provided by the contract shall be accessible to applicants in regard to criminal or delinquency matters before formal court appointment.
(12) Insurance. The contract shall require that the contractor provide malpractice insurance for attorneys representing indigent clients under terms of the contract. The contract shall not provide that the contractor hold the government or contracting authority harmless for the attorney’s representation of the clients.
(13) Management system. The contract shall provide that the contractor maintain a case reporting and management information system from which data shall be available and provided to the contracting authority upon request. The contracting authority shall report the caseload data required by the state public defender when submitting its monthly request for reimbursement. Any such system shall be maintained independently from client files so as to disclose no privileged information. The case reporting and management information system shall be used to provide the contractor, contracting authority, and the Ohio public defender commission with caseload information sufficient to insure compliance with the Ohio public defender commission’s rules, Chapter 120. of the Revised Code, and the state public defender standards and guidelines.
(F) Awarding the contract
The contracting authority shall award a contract for indigent criminal cases only when it appears that the contractor adequately addresses the issues stated in this rule, Chapter 120. of the Revised Code, the rules of the Ohio public defender commission, and the state public defender standards. Under no circumstances should a contract be awarded based on cost alone. The contracting authority shall determine when the proposed budget of a potential contractor will provide the capability of complying with this rule. The Ohio public defender commission shall not approve any contract when it appears that it has been awarded on based on cost effectiveness alone.
(G) Approval by the Ohio public defender commission of contracts
The Ohio public defender commission shall approve a contract that conforms with this standard and complies with all applicable sections of Chapter 120. of the Revised Code, the rules of the commission, and state public defender standards and guidelines.
(H) Contracts with law schools, legal aid societies, and non-profit organizations
Any law school, legal aid society, or non-profit organization that enters into a contract with the state public defender to provide counsel shall be subject to the policies and procedures established by the Ohio public defender commission and “the supreme court rules for the government of the bar of Ohio”.
(1) The standards employed by the state public defender in determining eligibility for representation shall be used by the organizations.
(2) All such contracts are subject to the prior approval and continued supervision of the Ohio public defender commission.
HISTORY: Eff 9-27-91; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03(B)
Rule amplifies: RC 120.03(B), 120.14, 120.24
RC 119.032 Review Date: 8/27/99, 8/27/04
The state public defender, pursuant to sections 120.34 and 120.35 of the Revised Code, shall review each request for reimbursement to a county in an indigent capital case at the trial, appellate, and/or postconviction levels, to ensure that the following criteria governing the appointment of counsel are met:
(A) Lead counsel and co-counsel are appointed from the lists maintained by the Ohio supreme court, pursuant to rule 20 of the “Rules of Superintendence” or have obtained a waiver issued by the rule 20 committee. Such waiver shall accompany the reimbursement request.
(B) All other provisions of rule 20 are adhered to by the appointing court, board of county commissioners, and attorneys appointed in the case for which reimbursement is sought.
If these criteria are not met, the Ohio public defender commission shall deny reimbursement to the county for all of the defender costs associated with that indigent capital case.
This rule shall be effective for all appointments of counsel in capital trial, appellate, and/or postconviction cases occurring after October 1, 1988.
HISTORY: Eff 10-6-88; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03(B)
Rule amplifies: RC 120.03(B), 120.18(A), 120.28(A), 120.33(A), 120.34, 120.35, 2941.51
RC 119.032 Review Date: 8/27/99, 8/27/04
(A) In establishing a fee schedule to be paid appointed counsel in indigent cases eligible for reimbursement pursuant to section 120.33 of the Revised Code, the county commissioners and county bar association shall establish a schedule that is comparable to the fees paid to retained counsel in the same type of cases. No county will be entitled to reimbursement from the state public defender if it can be demonstrated that its fee schedule is inadequate for an appointed attorney to cover the costs of overhead while working on an appointed case and to generate a reasonable income for work performed.
(B) Salaries paid to public defenders should be equivalent to salaries paid to similar positions within the justice system.
HISTORY: Eff 9-27-91; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03(B)
Rule amplifies: RC 120.03, 120.33(A)(3)
RC 119.032 Review Date: 8/27/99, 8/27/04
From time to time, it may be determined that an applicant is indigent and entitled to the appointment of counsel, but later is able to obtain funds to retain private counsel. No part-time public defender or assistant public defender or full-time public defender or assistant public defender entitled to engage in private practice shall accept money from a previously indigent person that they were appointed by the court to represent. All such applicants should be referred to an attorney who is not associated professionally with the public defender or assistant public defender who was previously appointed in the case and that client. Withdrawal must be consistent with the disciplinary rules.
HISTORY: Eff 9-27-91; 1-1-2000
Rule promulgated under: RC 111.15
Rule authorized by: RC 120.03(B)
Rule amplifies: RC 120.03(B), 120.04(B)(3)
RC 119.032 Review Date: 8/27/99, 8/27/04