Ohio Revised Code Search
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Section 120.03 | Commission - powers and duties.
...unable to provide for the payment of an attorney and all other necessary expenses of representation. Release on bail shall not prevent a person from being determined to be indigent. (2) Standards for the hiring of outside counsel; (3) Standards for contracts by a public defender with law schools, legal aid societies, and nonprofit organizations for providing counsel; (4) Standards for the qualifications, training,... |
Section 120.04 | State public defender - powers and duties.
...lic defender commission and shall be an attorney with a minimum of four years of experience in the practice of law and be admitted to the practice of law in this state at least one year prior to appointment. (B) The state public defender shall do all of the following: (1) Maintain a central office in Columbus. The central office shall be provided with a library of adequate size, considering the needs of the off... |
Section 120.041 | Duties of public defender regarding determination of costs.
...(A) In addition to the state public defender's other duties under this chapter and other Revised Code provisions, the state public defender shall do all of the following for each state fiscal year: (1) Determine the total dollar amount of all requests for reimbursements that were submitted for that fiscal year by counties under sections 120.18, 120.28, 120.33, 120.35, and 2941.51 of the Revised Code; (2) Determin... |
Section 120.05 | Determination of indigency.
...of indigency shall be made by the state public defender, subject to review by the court. This section does not apply in relation to sections 120.51 to 120.55 of the Revised Code. (B) The state public defender shall investigate the financial status of each person to be represented, at the earliest time the circumstances permit, and may require the person represented to disclose the records of public or private income... |
Section 120.06 | Duty to provide legal representation to indigent adults and juveniles.
... that pertains to representation by the attorney general, an assistant attorney general, or special counsel of an officer or employee, as defined in section 109.36 of the Revised Code, or of an entity of state government, the state public defender may elect to contract with, and to have the state pay pursuant to division (E)(2) of this section for the services of, private legal counsel to represent the Ohio public de... |
Section 120.07 | Civil case filing fee fund.
... to the fund shall be used by the state public defender for the purpose of appointing assistant state public defenders and for providing other personnel, equipment, and facilities necessary for the operation of the state public defender office. |
Section 120.08 | Indigent defense support fund.
...imposed under those sections. The state public defender shall use at least eighty-three per cent of the money in the fund for the purposes of reimbursing county governments for expenses incurred pursuant to sections 120.18, 120.28, and 120.33 of the Revised Code and operating its system pursuant to division (C)(7) of section 120.04 of the Revised Code and division (B) of section 120.33 of the Revised Code. Disburseme... |
Section 120.13 | County public defender commission.
... of these appointing bodies shall be an attorney admitted to the practice of law in this state. (B) The board of county commissioners shall select a specific day for the county public defender commission to be established and on which all members' appointments shall take effect, and shall notify the Ohio public defender commission of the date. (C) Of the initial appointments made to the county public defender commi... |
Section 120.14 | County public defender commission - powers and duties.
...sion (A)(2) of this section, the county public defender commission shall appoint the county public defender and may remove him from office only for good cause. (2) If a county public defender commission contracts with the state public defender or with one or more nonprofit organizations for the state public defender or the organizations to provide all of the services that the county public defender is required or pe... |
Section 120.15 | County public defender - powers and duties.
...ot to exceed four years. He shall be an attorney with a minimum of two years experience in the practice of law and be admitted to the practice of law in Ohio at least one year prior to his appointment. (B) In carrying out the responsibilities and performing the duties of his office, the county public defender shall: (1) Maintain an office, approved by the commission, provided with a library of adequate size, consid... |
Section 120.16 | Legal representation to be provided.
...ng relates to that sentence, all of the attorneys who represent the petitioner in the proceeding pursuant to the appointment, whether an assistant county public defender or the county public defender, shall be certified under Rule 20 of the Rules of Superintendence for the Courts of Ohio to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed. ... |
Section 120.17 | State public defender not required to defend in counties having county public defender.
...missioners choose to establish a county public defender's office, the Ohio public defender shall not be required to defend indigent persons in that county, except as set forth in division (A) of section 120.06 of the Revised Code, or if the court finds that it is required in the interests of justice. |
Section 120.18 | Reimbursement of county.
...(A) The county public defender commission's report to the board of county commissioners shall be audited by the county auditor. The board of county commissioners, after review and approval of the audited report, may then certify it to the state public defender for reimbursement. If a request for the reimbursement of any operating expenditure incurred by a county public defender office is not received by the state pub... |
Section 120.23 | Joint county public defender commission.
...for the establishment of a joint county public defender commission. The commission shall have three members from each county, who shall be appointed by the board of county commissioners of the county. (B) The boards shall agree on a specific date for the joint county public defender commission to be established, on which date the appointments of all members shall take effect. The joint board shall notify the Ohio pu... |
Section 120.24 | Joint county public defender commission - powers and duties.
...A)(2) of this section, the joint county public defender commission shall appoint the joint county public defender and may remove him from office only for good cause. (2) If a joint county public defender commission contracts with the state public defender or with one or more nonprofit organizations for the state public defender or the organizations to provide all of the services that the joint county public defender... |
Section 120.25 | Joint county public defender - powers and duties.
...ot to exceed four years. He shall be an attorney with a minimum of two years experience in the practice of law and be admitted to the practice of law in Ohio at least one year prior to his appointment. (B) In carrying out the responsibilities and performing the duties of his office, the joint county public defender shall: (1) Maintain an office, approved by the commission, provided with a library of adequate size, ... |
Section 120.26 | Legal representation to be provided.
...ng relates to that sentence, all of the attorneys who represent the petitioner in the proceeding pursuant to the appointment, whether an assistant joint county defender or the joint county public defender, shall be certified under Rule 20 of the Rules of Superintendence for the Courts of Ohio to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been impo... |
Section 120.27 | State public defender not required to defend in counties having joint county public defender.
...ners choose to establish a joint county public defender's office, the Ohio public defender shall not be required to defend indigent persons in those counties, except as set forth in division (A) of section 120.06 of the Revised Code, or if the court finds that it is required in the interests of justice. |
Section 120.28 | Reimbursement of joint county board.
...(A) The joint county public defender commission's report to the joint board of county commissioners shall be audited by the fiscal officer of the district. The joint board of county commissioners, after review and approval of the audited report, may then certify it to the state public defender for reimbursement. If a request for the reimbursement of any operating expenditure incurred by a joint county public defender... |
Section 120.33 | Alternative system of selected or appointed counsel.
... or at the rate set by the capital case attorney fee council pursuant to division (D) of this section, and the board of county commissioners shall approve that amount or rate. (4) Counsel selected by the indigent person or appointed by the court at the request of an indigent person in a county that adopts a resolution to pay counsel, except for counsel appointed to represent a person charged with any violation of a... |
Section 120.34 | Reimbursements exceeding appropriation - proportionate distribution of funds.
... the counties' cost of operating county public defender offices, joint county public defender offices, and county appointed counsel systems, the counties' costs and expenses of conducting the defense in capital cases, and the counties' costs and expenses of appointed counsel covered by section 2941.51 of the Revised Code shall not exceed the total amount appropriated for that fiscal year by the general assembly for t... |
Section 120.35 | Capital case reimbursement.
...The state public defender shall, pursuant to section 120.18, 120.28, 120.33, or 2941.51 of the Revised Code, reimburse the costs and expenses of conducting the defense in capital cases, in an amount determined as specified in section 120.34 of the Revised Code. |
Section 120.36 | Application fee - assessment - nonpayment - disposition - annual report.
... for the child or the court appoints an attorney to represent the child at the request of a guardian ad litem. (4) The court shall not assess an application fee for a postconviction proceeding or when the defendant files an appeal. (5)(a) Except when the court assesses an application fee pursuant to division (A)(5)(b) of this section, the court shall assess an application fee when a person is charged with a violati... |
Section 120.38 | Attorney-client privilege.
...dential within the ethical standards of attorney-client communications, unless previously on public record, or made available to the court as provided in section 120.05 of the Revised Code. (B) All communications between the individual defendant and a public defender shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel had been privately engaged. |
Section 120.39 | Conflict of interest.
... partner or employee of any prosecuting attorney, city director of law, village solicitor, or similar chief legal officer. (B) A partner or employee of a village solicitor or of a law firm, legal professional association, or legal clinic with which the village solicitor is affiliated may be appointed by the court, assist a public defender, or serve as public defender in any criminal proceedings in which the village ... |