Ohio Admin. Code 120-1-15 - Adequate fee schedule for appointed counsel and public defender salaries

To qualify for reimbursement, counties must comply with the following:

(A) In establishing a fee schedule to be paid to appointed counsel in indigent cases eligible for reimbursement pursuant to section 120.33 of the Revised Code, the county commissioners, after consultation with the county bar association, shall establish a schedule that compensates appointed counsel in a manner that provides for effective representation, including cases that may, at the discretion of the appointing court, warrant a fee that otherwise exceeds the applicable portion of the established scheduled. Changes to a county's fee schedule must be submitted to the Ohio public defender.

(B) To modify a submitted fee bill, a court must comply with the following:

(1) If a court denies, in full or in part, an appointed counsel fee bill that is at or below the applicable portion of the county fee schedule, the court shall provide an entry stating the reason for the denial or the reduction of the fee bill.

(2) If a court grants a fee in excess of the applicable portion of the county fee schedule, the court must authorize the fees in excess of the cap through an entry granting extraordinary fees.

(C) Salaries paid to public defenders should be equivalent to salaries paid to similar positions within the justice system.

Notes

Ohio Admin. Code 120-1-15

Effective: 2/17/2024
Five Year Review (FYR) Dates: 11/24/2025
Promulgated Under: 111.15
Statutory Authority: R.C. 111.15, R.C. 120.03(B), R.C. 120.04(B)
Rule Amplifies: R.C. 120.03(B), R.C. 120.04(B), R.C. 120.33(A)
Prior Effective Dates: 09/27/1991, 01/01/2000, 10/09/2009, 12/01/2015, 11/07/2019