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 person's 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 applicant's parent if the child's parent or a relative of the parent is the alleged victim;
(E) Base assessments on the appointed counsel fee bill, rather than the defendant's 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.
Last updated October 16, 2023 at 12:58 PM
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