Ohio Revised Code Search
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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.
...sel. (6) If the state public defender contracts with a county public defender commission, a joint county public defender commission, or a board of county commissioners for the provision of services, under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall provide legal representation in accordance with the contract. (B) The state public defender shall not be requir... |
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.
...rs in any county may establish a county public defender commission. The commission shall have five members, three of whom shall be appointed by the board of county commissioners, and two by the judge, or the presiding judge if there is one, of the court of common pleas of the county. At least one member appointed by each of these appointing bodies shall be an attorney admitted to the practice of law in this state. (... |
Section 120.14 | County public defender commission - powers and duties.
... 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 permitted to provide by this chapter, the commission shall not appoint a county public defender. (B) The commission shall determine the qualifications and size of th... |
Section 120.15 | County public defender - powers and duties.
...ystem; (3) Collect all moneys due from contracts with municipal corporations or for reimbursement for legal services under this chapter and institute such actions in court for the collection of such sums as he considers advisable. All moneys collected or received by the public defender shall be paid into the county treasury to the credit of the general revenue fund. (4) Appoint assistant county public defenders an... |
Section 120.16 | Legal representation to be provided.
...(A)(1) The county public defender shall provide legal representation to indigent adults and juveniles who are charged with the commission of an offense or act that is a violation of a state statute and for which the penalty or any possible adjudication includes the potential loss of liberty and in postconviction proceedings as defined in this section. (2) The county public defender may provide legal representation t... |
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.
...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 is required or permitted to provide by this chapter, the commission shall not appoint a joint county public defender. (B) The commission shall determine the qualifications an... |
Section 120.25 | Joint county public defender - powers and duties.
...ystem; (3) Collect all moneys due from contracts with municipal corporations or for reimbursement for legal services under this chapter and institute such actions in court for the collection of such sums as he considers advisable. The public defender shall pay into the treasury of each county in the district, to the credit of the general revenue fund, the county's proportionate share of all moneys collected or recei... |
Section 120.26 | Legal representation to be provided.
...(A)(1) The joint county public defender shall provide legal representation to indigent adults and juveniles who are charged with the commission of an offense or act that is a violation of a state statute and for which the penalty or any possible adjudication includes the potential loss of liberty and in postconviction proceedings as defined in this section. (2) The joint county public defender may provide legal repr... |
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.
...resolution shall include provisions for contracts with any municipal corporation under which the municipal corporation shall reimburse the county for counsel appointed to represent indigent persons charged with violations of the ordinances of the municipal corporation. (1) In a county that adopts a resolution to pay counsel, an indigent person shall have the right to do either of the following: (a) To select the ... |
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.
...e court requests or is provided a state public defender, a county or joint county public defender, or any other counsel appointed by the court, the court in which the criminal case is initially filed or the juvenile court, whichever is applicable, shall assess, unless the application fee is waived or reduced, a non-refundable application fee of twenty-five dollars. The court shall direct the person to pay the applic... |
Section 120.38 | Attorney-client privilege.
...(A) All information obtained by a public defender when determining if a person is indigent, shall be held confidential 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... |
Section 120.39 | Conflict of interest.
...o-counsel appointed to assist the state public defender or a county or joint county public defender, and any public defender, county public defender, or joint county defender, or member of their offices, shall not be a 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 profe... |
Section 120.40 | Pay ranges.
...of county commissioners for the county public defender and those established by the joint board of county commissioners for the joint county public defender shall not exceed the pay ranges assigned under section 325.11 of the Revised Code for county prosecutors. (B) The pay ranges established by the board of county commissioners for the staff of the county public defender and those established by the joint b... |
Section 120.41 | Indemnifying public defender in malpractice action.
...gainst a state, county, or joint county public defender or assistant public defender, the state, or the county or district in which the defender office is located when the action is brought against a county or joint county public defender or assistant public defender, shall indemnify the attorney, if he acted in good faith and in the scope of his employment, for any judgment awarded in the malpractice action or amoun... |
Section 120.51 | Legal aid society funding definitions.
...ervices from an award to a client, from public funds, or from the opposing party. A case shall not be considered a fee generating case if adequate representation is unavailable or if any of the following circumstances exist concerning the case: (1) The legal aid society that represents the indigent in the case has determined that free referral is not possible for any of the following reasons: (a) The case has been ... |