Ohio Revised Code Search
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Section 120.05 | Determination of indigency.
...of public or private income sources and property, otherwise confidential, which may be of aid in determining indigency. The state public defender may obtain information from any public record contained in any office of the state, or any political subdivision or agency thereof, on request without payment of any fees ordinarily required by law. He shall make the results of the investigation available to the court upo... |
Section 120.06 | Duty to provide legal representation to indigent adults and juveniles.
...(A)(1) The state public defender, when designated by the court or requested by a county public defender or joint county public defender, may provide legal representation in all courts throughout the state to indigent adults and juveniles who are charged with the commission of an offense or act for which the penalty or any possible adjudication includes the potential loss of liberty. (2) The state public defender ma... |
Section 120.07 | Civil case filing fee fund.
...There is hereby created in the state treasury the civil case filing fee fund to receive all funds deposited in the fund pursuant to sections 1901.26, 1907.24, and 2303.201 of the Revised Code. All money credited 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 o... |
Section 120.08 | Indigent defense support fund.
...There is hereby created in the state treasury the indigent defense support fund, consisting of money paid into the fund pursuant to sections 4507.45, 4509.101, 4510.22, and 4511.19 of the Revised Code and pursuant to sections 2937.22, 2949.091, and 2949.094 of the Revised Code out of the additional court costs imposed under those sections. The state public defender shall use at least eighty-three per cent of the mone... |
Section 120.13 | County public defender commission.
...(A) The county commissioners 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 practic... |
Section 120.14 | County public defender commission - powers and duties.
...(A)(1) Except as provided in division (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 ... |
Section 120.15 | County public defender - powers and duties.
...(A) The county public defender shall be appointed by the county public defender commission for a term not 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... |
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.
...In any county in which the county commissioners 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.
...ounty public defender commission and to reallocate the proportionate share of expenses to be paid by each participating county. |
Section 120.24 | Joint county public defender commission - powers and duties.
...(A)(1) Except as provided in division (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 service... |
Section 120.25 | Joint county public defender - powers and duties.
...(A) The joint county public defender shall be appointed by the joint county public defender commission for a term not 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 pub... |
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.
...In any counties in which the boards of county commissioners 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.
...(A) In lieu of using a county public defender or joint county public defender to represent indigent persons in the proceedings set forth in division (A) of section 120.16 of the Revised Code, the board of county commissioners of any county may adopt a resolution to pay counsel who are either personally selected by the indigent person or appointed by the court. The resolution shall include those provisions the board o... |
Section 120.34 | Reimbursements exceeding appropriation - proportionate distribution of funds.
...(A) Except as provided in division (D) of this section, the total amount of money paid to all counties in any fiscal year pursuant to sections 120.18, 120.28, 120.33, 120.35, and 2941.51 of the Revised Code for the reimbursement of 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 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.
...(A)(1) Subject to division (A)(2), (3), (4), (5), or (6) of this section, if a person who is a defendant in a criminal case or a party in a case in juvenile 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, unl... |
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.
...(A) Except as provided in division (B) of this section, counsel appointed by the court, co-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... |
Section 120.40 | Pay ranges.
...(A) The pay ranges established by the board 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 de... |
Section 120.41 | Indemnifying public defender in malpractice action.
...fer injury, death, or loss to person or property as a result of the malpractice involved. (b) The attorney described in division (B)(3)(a) of this section shall not be indemnified to the extent of any amounts covered by a policy of malpractice insurance, for any portion of a judgement that represents punitive or exemplary damages, for any portion of an amount negotiated in settlement of a malpractice claim that is u... |
Section 120.51 | Legal aid society funding definitions.
...As used in sections 120.51 to 120.55 of the Revised Code: (A) "Legal aid society" means a nonprofit corporation that satisfies all of the following: (1) It is chartered to provide general legal services to the poor, it is incorporated and operated exclusively in this state, its primary purpose or function is to provide civil legal services, without charge, to indigents, and, in addition to providing civil legal ser... |