120-1-05. Reimbursement, recoupment, contribution, and partial payment programs

Subject to review and approval by the Ohio public defender, each county shall establish a reimbursement, recoupment, contribution, or partial payment program to recover a portion of the expense of appointing counsel to a person whose gross income exceeds one hundred twenty-five per cent of the federal poverty level or to a child whose parents' gross income exceeds one hundred twenty-five per cent of the federal poverty level. Assessments for such programs shall be based upon a person's ability to pay, considering income, basic living expenses, and court costs and other expenses arising from the case at issue.

Such programs shall not:

(A) Jeopardize the quality of defense or act to deny representation to qualified defendants;

(B) Require or include direct payments from the applicant to the appointed counsel;

(C) Require any payments, compensation, or in-kind services from an applicant whose gross income is equal to or less than one hundred twenty-five per cent of the federal poverty level;

(D) Require payments from a child applicant's parent if the child's parent or a relative of the parent is the alleged victim;

(E) Base assessments on the appointed counsel fee bill, rather than the defendant's ability to pay;

(F) Assess amounts that the person cannot reasonably be expected to pay without hardship;

(G) Attempt to recoup the full cost of providing appointed counsel, experts, transcripts, or other associated expenses.

Replaces: 120-1-05

Five Year Review (FYR) Dates: 11/24/2020 and 12/01/2020
Promulgated Under: 111.15
Statutory Authority: R.C. 111.15
Rule Amplifies: R.C. 120.03(B)
Prior Effective Dates: 01/09/1978, 09/27/1991, 01/01/2000, 10/09/2009, 12/01/2015

Prior History: (Effective: 12/1/2015
Five Year Review (FYR) Dates: 12/01/2020
Promulgated Under: 111.15
Statutory Authority: 120.03(B)
Rule Amplifies: 120.03(B)
Prior Effective Dates: 1/9/78, 9/27/91, 1/1/00, 10/9/07)