Ohio Revised Code
Chapter 120 | Public Defenders
Section 120.34 | Reimbursements Exceeding Appropriation - Proportionate Distribution of Funds.

Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
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 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 the reimbursement of the counties for the operation of the offices and systems and for those appointed counsel costs and expenses, and shall be determined as specified in this section. If the amount appropriated by the general assembly in any fiscal year is insufficient to pay the cost in the fiscal year of all county public defender offices, all joint county public defender offices, all county appointed counsel systems, and all costs and expenses of appointed counsel covered by section 2941.51 of the Revised Code, the amount of money paid in that fiscal year pursuant to sections 120.18, 120.28, 120.33, 120.35, and 2941.51 of the Revised Code to each county for the fiscal year shall be reduced proportionately so that each county is paid an equal percentage of its cost in the fiscal year for operating its county public defender system, its joint county public defender system, and its county appointed counsel system, an equal percentage of its costs and expenses of conducting the defense in capital cases in the fiscal year, and an equal percentage of its costs and expenses of appointed counsel covered by section 2941.51 of the Revised Code.
If any county receives an amount of money pursuant to section 120.18, 120.28, 120.33, 120.35, or 2941.51 of the Revised Code that is in excess of the amount of reimbursement it is entitled to receive pursuant to this section, the state public defender shall request the board of county commissioners to return the excess payment and the board of county commissioners, upon receipt of the request, shall direct the appropriate county officer to return the excess payment to the state.
Within thirty days of the end of each fiscal quarter, the state public defender shall provide to the office of budget and management and the legislative service commission an estimate of the amount of money that will be required for the balance of the fiscal year to make the payments required by sections 120.18, 120.28, 120.33, 120.35, and 2941.51 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 1 | State Government

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 120.17 | State Public Defender Not Required to Defend in Counties Having County Public Defender.

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 120.27 | State Public Defender Not Required to Defend in Counties Having Joint County Public Defender.

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 120.40 | Pay Ranges.

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.

Section 120.54 | Uses of Financial Assistance.

Section 120.55 | Society to Ensure Conditions.