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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 120-1-05 | Reimbursement, recoupment, contribution, and partial payment programs.

 

Subject to review and approval by the Ohio public defender, each county shall establish a reimbursement, recoupment, contribution, or partial payment program to recover a portion of the expense of appointing counsel to a person whose gross income exceeds one hundred twenty-five per cent of the federal poverty level or to a child whose parents gross income exceeds one hundred twenty-five per cent of the federal poverty level. Assessments for such programs shall be based upon a persons ability to pay, considering income, basic living expenses, and court costs and other expenses arising from the case at issue.

Such programs shall not:

(A) Jeopardize the quality of defense or act to deny representation to qualified defendants;

(B) Require or include direct payments from the applicant to the appointed counsel;

(C) Require any payments, compensation, or in-kind services from an applicant whose gross income is equal to or less than one hundred twenty-five per cent of the federal poverty level;

(D) Require payments from a child applicants parent if the childs parent or a relative of the parent is the alleged victim;

(E) Base assessments on the appointed counsel fee bill, rather than the defendants ability to pay;

(F) Assess amounts that the person cannot reasonably be expected to pay without hardship;

(G) Attempt to recoup the full cost of providing appointed counsel, experts, transcripts, or other associated expenses.

Supplemental Information

Authorized By: 120.03(B)
Amplifies: 120.03(B)
Five Year Review Date: 12/1/2020
Prior Effective Dates: 1/9/1978, 9/27/1991, 1/1/2000, 10/9/2009