Effective: September 26, 1984
Latest Legislation: Senate Bill 271 - 115th General Assembly
(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 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 the supporting staff and facilities and other requirements needed to maintain and operate the office of the county public defender.
(C) In administering the office of county public defender, the commission shall:
(1) Recommend to the county commissioners an annual operating budget which is subject to the review, amendment, and approval of the board of county commissioners;
(2)(a) Make an annual report to the county commissioners and the Ohio public defender commission on the operation of the county public defender's office, including complete and 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 public defender commission on the total costs of the public defender's office.
(3) Cooperate with the Ohio public defender commission in maintaining the standards established by rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 of the Revised Code, and cooperate with the state public defender in his programs providing technical aid and assistance to county systems.
(D) The commission may accept the services of volunteer workers and consultants at no compensation except reimbursement for actual and necessary expenses.
(E) The commission may contract with any municipal corporation, within the county served by the county public defender, for the county public defender to provide legal representation for indigent persons who are charged with a violation of the ordinances of the municipal corporation.
(F) A county public defender commission, with the approval of the board of county commissioners regarding all provisions that pertain to the financing of defense counsel for indigent persons, may contract with the state public defender or with any nonprofit organization, the primary purpose of which is to provide legal representation to indigent persons, for the state public defender or the organization to provide all or any part of the services that a county public defender is required or permitted to provide by this chapter. A contract entered into pursuant to this division may provide for payment for the services provided on a per case, hourly, or fixed contract basis. The state public defender and any nonprofit organization that contracts with a county public defender commission pursuant to this division shall do all of the following:
(1) Comply with all standards established by the rules of the Ohio public defender commission;
(2) Comply with all standards established by the state public defender;
(3) Comply with all statutory duties and other laws applicable to county public defenders.
Structure Ohio Revised Code
Chapter 120 | Public Defenders
Section 120.01 | Ohio Public Defender Commission.
Section 120.02 | Meetings - Compensation and Expenses.
Section 120.03 | Commission - Powers and Duties.
Section 120.04 | State Public Defender - Powers and Duties.
Section 120.041 | Duties of Public Defender Regarding Determination of Costs.
Section 120.05 | Determination of Indigency.
Section 120.06 | Duty to Provide Legal Representation to Indigent Adults and Juveniles.
Section 120.07 | Civil Case Filing Fee Fund.
Section 120.08 | Indigent Defense Support Fund.
Section 120.13 | County Public Defender Commission.
Section 120.14 | County Public Defender Commission - Powers and Duties.
Section 120.15 | County Public Defender - Powers and Duties.
Section 120.16 | Legal Representation to Be Provided.
Section 120.18 | Reimbursement of County.
Section 120.23 | Joint County Public Defender Commission.
Section 120.24 | Joint County Public Defender Commission - Powers and Duties.
Section 120.25 | Joint County Public Defender - Powers and Duties.
Section 120.26 | Legal Representation to Be Provided.
Section 120.28 | Reimbursement of Joint County Board.
Section 120.33 | Alternative System of Selected or Appointed Counsel.
Section 120.34 | Reimbursements Exceeding Appropriation - Proportionate Distribution of Funds.
Section 120.35 | Capital Case Reimbursement.
Section 120.36 | Application Fee - Assessment - Nonpayment - Disposition - Annual Report.
Section 120.38 | Attorney-Client Privilege.
Section 120.39 | Conflict of Interest.
Section 120.41 | Indemnifying Public Defender in Malpractice Action.
Section 120.51 | Legal Aid Society Funding Definitions.
Section 120.52 | Legal Aid Fund.
Section 120.521 | Access to Justice Foundation; Fund.
Section 120.53 | Application for Financial Assistance.