Ohio
The state of Ohio shares with its local governments the responsibility to provide indigent defense services in adult criminal trials, including locally administered services, unless a locality chooses to contract with the state. The state and local governments share funding obligations, including local funding with some state reimbursements. A state commission oversees state-administered services.
The state of Ohio delegates to its local governments the responsibility for administering indigent defense services in its appellate courts for adult criminal cases, unless a locality chooses to contract with the state. The state is the primary funder through reimbursements to local governments. A state commission oversees state-administered services.
-
88 Counties Primarily State Funded
-
10 Counties State Administered
-
78 Counties Locally Administered
-
10 Counties with a Commission With Limited Authority
-
78 Counties with No State Oversight
-
88 Counties Primarily State Funded
-
10 Counties State Administered
-
78 Counties Locally Administered
-
10 Counties with a Commission With Limited Authority
-
78 Counties with No State Oversight
For each county in Ohio, the local board of county commissioners determines how indigent defense services are delivered in their county, whether by a public defender office, a non-profit corporation, private attorneys, or through contract with the Office of the Ohio Public Defender (OPD). For counties that contract with OPD, the state delivers services through public defenders or contract attorneys. The OPD also provides case-by-case representation at county request in serious felony and capital trials, as well as statewide representation in appeals and post-conviction cases. Municipalities are responsible for providing services in municipal ordinances but may contract with the county to have a county public defender office provide services.
Indigent defense is locally funded, though the state reimburses a portion of the costs. The amount reimbursed by the state is not set by law, so it varies year by year. Historically, the state of Ohio did not reimburse counties for more than 50% of costs but in recent years has reimbursed as much as 100% of counties’ costs. The state does not exercise oversight of county or municipal run systems. The Ohio Public Defender Commission oversees services provided by OPD. The governor appoints most of the commission’s nine members. The commission appoints the state public defender to head OPD and has the authority to establish standards.
For each county in Ohio, the local board of county commissioners determines how indigent defense services are delivered in their county, whether by a public defender office, a non-profit corporation, private attorneys, or through a contract with the Office of the Ohio Public Defender (OPD). For counties that contract with OPD, the state delivers services through public defenders or contract attorneys. The OPD also provides appellate representation in some capital, non-capital, and juvenile cases through its appellate services division.
Indigent defense is locally funded, though the state reimburses a portion of the costs. The amount reimbursed by the state is not set by law, so it varies year by year. Historically, the state of Ohio did not reimburse counties for more than 50% of costs but in recent years has reimbursed as much as 100% of counties’ costs. The state does not exercise oversight of county run systems. The Ohio Public Defender Commission oversees services provided by OPD. The governor appoints most of the commission’s nine members. The commission appoints the state public defender to head OPD and has the authority to establish standards.
Dig Deeper
Who serves on the commission?
How do counties opt into state administration of services?
What rules must counties follow when establishing a public defender?
What rules must counties follow when establishing a court-appointed system?
How do counties opt-in to state reimbursement?
How is the amount of state reimbursement determined?
In which branch of state government does the indigent defense system reside?
Support Our Work
Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
The Sixth Amendment Center is a tax-exempt 501(c)(3) nonprofit organization under EIN: 45-3477185.
Donations are tax-deductible to the fullest extent allowable under the law.