Ohio Revised Code Search
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Section 120.041 | Duties of public defender regarding determination of costs.
... (3) Determine the percentage of total costs submitted by counties under the requests described in division (A)(1) of this section that was paid to all counties as reimbursements for that fiscal year; (4) Commencing in state fiscal year 2021, determine the increase or decrease in the total dollar amount found under division (A)(2) of this section for that fiscal year from the total dollar amount found under that d... |
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.
...efender, or appointed counsel. (F) The cost of representation in all matters assumed by the state public defender shall be charged to the counties in accordance with division (D) of section 120.06 of the Revised Code. |
Section 120.14 | County public defender commission - powers and duties.
...nd detailed information on finances and costs that separately states costs and expenses that are reimbursable under section 120.35 of the Revised Code, and any other data and information requested by the state public defender; (b) Make monthly reports relating to reimbursement and associated case data pursuant to the rules of the Ohio public defender commission to the board of county commissioners and the Ohio publi... |
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.
...Revised Code, prepare a voucher for the cost of each county public defender's office for the period of time covered by the certified report and a voucher for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included in and made under the voucher shall be determined as specified in section 120.34 of the Revised Code. For the purposes of this se... |
Section 120.23 | Joint county public defender commission.
...efender, or appointed counsel. (I) The cost of representation in all matters assumed by the state public defender shall be charged to the counties in accordance with division (D) of section 120.06 of the Revised Code. Members of the joint county public defender commission who are residents of a county withdrawing from such district are deemed to have resigned their positions upon the completion of the withdrawal pr... |
Section 120.24 | Joint county public defender commission - powers and duties.
...nd detailed information on finances and costs that separately states costs and expenses that are reimbursable under section 120.35 of the Revised Code, and such other data and information requested by the state public defender; (b) Make monthly reports relating to reimbursement and associated case data pursuant to the rules of the Ohio public defender commission to the boards of county commissioners in the district ... |
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.
...Revised Code, prepare a voucher for the cost of each joint county public defender's office for the period of time covered by the certified report and a voucher for the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any. The amount of payments to be included in and made under the voucher shall be determined as specified in section 120.34 of the Revised Code. For purposes of this ... |
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.
...1.51 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.
...und to be able to contribute toward the cost of the person's legal representation pursuant to division (D) of section 2941.51 of the Revised Code. (D) The clerk of the court that assessed the fees shall forward all application fees collected pursuant to this section to the county treasurer for deposit in the county treasury. The county shall retain eighty per cent of the application fees so collected to offset the c... |
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.
...serted in the action, and for any court costs or legal fees incurred in the defense of the malpractice claim asserted in the action. (B)(1) In connection with any malpractice action filed against an attorney who was either personally selected by an indigent person or appointed by a court pursuant to section 120.33 of the Revised Code, the attorney shall be indemnified in accordance with division (B) of this section ... |
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 ... |
Section 120.52 | Legal aid fund.
... be reserved for the actual, reasonable costs of administering sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that are reserved for administrative costs but that are not used for actual, reasonable administrative costs shall be set aside for use in the manner described in division (A) of section 120.521 of the Revised Code. The remainder o... |
Section 120.521 | Access to justice foundation; fund.
...(A) The state public defender shall establish a charitable, tax exempt foundation, named the Ohio access to justice foundation, to actively solicit and accept gifts, bequests, donations, and contributions for use in providing financial assistance to legal aid societies, enhancing or improving the delivery of civil legal services to indigents, and operating the foundation. The Ohio access to justice foundation shall d... |
Section 120.53 | Application for financial assistance.
...ll be allocated, after deduction of the costs of administering sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised Code that are authorized by section 120.52 of the Revised Code, according to this section and shall be distributed accordingly not later than the last day of the month following the month the moneys were received. In making the allocations unde... |
Section 120.54 | Uses of financial assistance.
...following purposes: (1) To defray the costs of providing legal services to indigents; (2) To provide legal training and legal technical assistance to other eligible legal aid societies; and (3) If the legal aid society has entered into an agreement pursuant to division (H) of section 120.53 of the Revised Code and in accordance with the description and list of conditions set forth in its application pursuant to... |