Ohio State Bar Association presents report and recommendations for how to reform Ohio’s indigent defense system before General Assembly task force
On Thursday, Immediate Past-President Dean Wilson and Government Relations Manager Marisa Myers of the Ohio State Bar Association (Ohio Bar) presented at the inaugural meeting of a General Assembly task force proposed reforms for the state’s indigent defense system.
The aim is not only to uphold Ohioans’ constitutional right to counsel, but to ensure that the delivery of these services is more financially predictable and sustainable for the state, while remaining flexible enough to serve the individual needs of Ohio’s 88 counties.
Wilson and Myers presented the recommendations on behalf of a working group of key stakeholders the Ohio Bar convened over the course of more than a year to review Ohio’s indigent defense system. Stakeholders included state and county public defenders, prosecutors, appointed counsel, judges, court administrators, local bar leaders and county commissioners among others. They reviewed current practices and delivery models, discussed the challenges and opportunities with each and worked together to reach consensus on recommended solutions to present to the General Assembly for consideration.
Key Recommendations
To promote and preserve efficiency, cost predictability and local input, the Ohio Bar’s working group recommends that each Ohio county be given the choice to either (1) opt in to a state-administered indigent defense delivery method operated by the Ohio Public Defender’s Office and funded directly by the state, or (2) opt out of the state structure and thereby maintain and budget for its own method of delivery, which would be reimbursed by the state.
In addition, recognizing that in 82 of Ohio’s 88 counties there aren’t enough lawyers to serve the population, recommendations also include additional strategies that could help increase access to lawyers across the state, including:
• Allowing more flexibility for attorneys to work part time in private practice while serving as public defenders (as prosecutors currently can).
• Establishing a floor and ceiling for appointed counsel rates to make it financially viable for more lawyers to represent indigent clients.
• Enhancing resources on the Ohio Public Defender’s website to assist attorneys serving as appointed counsel in representing their clients.
Review the full report and recommendations of the Ohio Bar working group at ohiobar.org/idtaskforcereport.
“In recent years, Governor DeWine and the General Assembly have made a significant commitment in the state budget to ensure the right to counsel for Ohioans who do not have the funds to pay for an attorney,” Wilson, who served as a municipal court judge in Perry County for 30 years, said. “Our message to the task force today was that we stakeholders recognize that in order to preserve and maximize this investment in the years to come, there are long-overdue efficiencies we can adopt, which have widespread consensus and respect the varying needs of different counties. We look forward to working with the task force to adopt and build upon these recommendations.”
About the Task Force: The Indigent Defense System Task Force, co-chaired by Senator Nathan Manning (R-North Ridgeville) and Representative Jim Hoops (R-Napoleon), was originally established as part of House Bill 150 of the 134th General Assembly.
About the Ohio State Bar Association: Founded in 1880, the Ohio Bar is the state’s largest legal network, representing attorneys, judges, legal professionals and law students who are committed to the highest standards in the practice of law. The Ohio Bar proudly serves its members and the public through its continued work to promote justice and advance the legal profession.