Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
(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 public defender within sixty days after the end of the calendar month in which the expenditure is incurred, the state public defender shall not pay the requested reimbursement, unless the county has requested, and the state public defender has granted, an extension of the sixty-day time limit. Each request for reimbursement shall include a certification by the county public defender that the persons provided representation by the county public defender's office during the period covered by the report were indigent and, for each person provided representation during that period, a financial disclosure form completed by the person on a form prescribed by the state public defender. The state public defender shall also review the report and, in accordance with the standards, guidelines, and maximums established pursuant to divisions (B)(7) and (8) of section 120.04 of the Revised Code and the payment determination provisions of section 120.34 of the 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 section, "cost" means total expenses minus costs and expenses reimbursable under section 120.35 of the Revised Code and any funds received by the county public defender commission pursuant to a contract, except a contract entered into with a municipal corporation pursuant to division (E) of section 120.14 of the Revised Code, gift, or grant.
(B) If the county public defender fails to maintain the standards for the conduct of the office established by rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 or the standards established by the state public defender pursuant to division (B)(7) of section 120.04 of the Revised Code, the Ohio public defender commission shall notify the county public defender commission and the board of county commissioners of the county that the county public defender has failed to comply with its rules or the standards of the state public defender. Unless the county public defender commission or the county public defender corrects the conduct of the county public defender's office to comply with the rules and standards within ninety days after the date of the notice, the state public defender may deny payment of all or part of the county's reimbursement from the state provided for in division (A) of this section.
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.