Ohio Rev. Code » Chapter 120
Ohio Revised Code

Ohio Rev. Code § 120.05 (2026)

Determination of indigency

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Effective:
January 8, 1985
Latest Legislation:
Senate Bill 219 - 115th General Assembly
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(A) The determination of indigency shall be made by the state public defender, subject to review by the court. This section does not apply in relation to sections 120.51 to 120.55 of the Revised Code.

(B) The state public defender shall investigate the financial status of each person to be represented, at the earliest time the circumstances permit, and may require the person represented to disclose the records of public or private income sources and property, otherwise confidential, which may be of aid in determining indigency. The state public defender may obtain information from any public record contained in any office of the state, or any political subdivision or agency thereof, on request without payment of any fees ordinarily required by law. He shall make the results of the investigation available to the court upon request. The court, before whom a person seeking representation is taken, may determine the person's eligibility for legal representation by the state public defender.

(C) If a determination of eligibility cannot be made before the time when the first services are to be rendered by the state public defender, he shall render such services on a provisional basis. If the state public defender, or the court on review, subsequently determines that the person receiving the services is ineligible, the public defender shall notify the person of the termination of his services.

(D) Where the person represented has, or may reasonably be expected to have, the means to meet some part of the cost of the services rendered to him, he shall reimburse the state public defender in an amount which he can reasonably be expected to pay.

(E) If it is determined by the state public defender, or by the court, that the legal representation was provided to a person not entitled thereto, the person may be required to reimburse the public defender for the costs of the representation provided. Any action filed by the state public defender to collect legal fees hereunder, must be brought within two years from the last date legal representation was provided.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1988–2025 · leading case: Lager v. Pittman, 746 N.E.2d 1199 (Ohio Ct. App. 11th Dist. 2000).
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Lager v. Pittman, 746 N.E.2d 1199 (Ohio Ct. App. 11th Dist. 2000). · cites it 10× “In turn, R.C. 120.05 sets forth the provisions governing the State Public Defender’s decision regarding whether representation should be provided in a given case: “(A) The determination of indigency shall be made by the state public defender, subject to review by the court.”
State v. McLean, 622 N.E.2d 402 (Ohio Ct. App. 1st Dist. 1993). · cites it 4× “15(D), this section (R.C. 120.05[D]) applies equally to state and county public defenders and reflects the General Assembly’s policy favoring collection of attorney fees for court-appointed counsel from criminal defendants who have the ability to pay.”
State v. Glasure, 724 N.E.2d 1165 (Ohio Ct. App. 7th Dist. 1999). · cites it 2× “Appel-lee cites R.C. 120.05, which explains the process by which indigency is established.”
State v. Weaver, 527 N.E.2d 805 (Ohio 1988). · cites it 3× “R.C. 120.05 governs the process by which indigency is established and representation by the public defender is authorized.”
State v. Crenshaw, 761 N.E.2d 1121 (Ohio Ct. App. 8th Dist. 2001). “* * *” See, also, R.C. 120.05. 1 The trial court’s assessment of attorney fees as a fine conflates R.”
Shaker House, L.L.C. v. Daniel, 2022-Ohio-2778, 193 N.E.3d 1159. “2000), the court held that a judge’s order requiring the county public defender to conduct indigency interviews at a specific time and place was invalid because it conflicted with R.C. 120.05(B), which gave the public defender discretion to decide how to fulfill its obligation…”
State v. Easley, 2012-Ohio-455. · cites it 2× “He has argued that the state public defender failed to determine whether he was indigent, as required by Section 120.05 of the Ohio Revised Code, and that the municipal court failed to determine, in the manner required by Criminal Rule 44(D), whether he was able to retain…”
State v. Johnson, 2016-Ohio-7731. · cites it 2× “32(B)(3)(a),(b) AS WELL AS APPELLATE COUNSEL'S FAILURE TO RAISE THE ISSUE ON APPEAL; ALSO TRIAL COUNSEL FAILED TO COMPLY WITH R.C. 120.05 (A), (B); FAILING TO [INVESTIGATE] AND SUBMIT A FINANCIAL DISCLOSURE/AFFIDAVIT OF INDIGENCY FORM TO THE COURT FOR DETERMINATION OF INDIGENCY…”
State v. Riegel, 2012-Ohio-4517. · cites it 2× “14-11-27 and 14-11-28 The county public defender shall determine indigency of persons, subject to review by the court, in the same manner as provided in section 120.05 of the Revised Code. Each monthly report submitted to the board of county commissioners and the state public…”
State v. Beall, 2025-Ohio-5585. · cites it 2× “SOCIAL MEDIA AND FIRSTHAND KNOWLEDGE OF HIS HOUSEHOLD INCOME, VIOLATING R.C. §120.05, OHIO ADMIN. CODE 120-1-03, AND THE 14TH AMEND.”
Johnson v. Warden Chillicothe Corr. Inst., No. 2:16-cv-00985 (S.D. Ohio Mar. 27, 2020). “32(C);_ R.C. 120.05(A); OHIO ADMINISTRATIVE CODE RULE: 120-1-03; 120-i-05; RESULTING IN [JURISDICTIONAL, PROCEDURAL, PREJUDICIAL, AND REVERSIBLE PLAIN ERROR], THEREBY, RENDERING HIS [SENTENCE & SENTENCING ENTRY], [UNAUTHORIZED BY LAW], [CONTRARY TO LAW], [A NULLITY AND VOID…”
State v. Auxter, 2017-Ohio-1311. “08CA0090, 2010-Ohio-4760 , ¶ 59. However, the 8. defendant can be ordered to pay his appointed counsel’s fees and expenses if the court finds the defendant “has, or reasonably may be expected to have, the means to meet some part of the cost of the services rendered to the person.”
Show all 14 citing cases →
Ohio Rev. Code § 120.05(A): 2 cases
State v. Johnson, 2016-Ohio-7731. “32(B)(3)(a),(b) AS WELL AS APPELLATE COUNSEL'S FAILURE TO RAISE THE ISSUE ON APPEAL; ALSO TRIAL COUNSEL FAILED TO COMPLY WITH R.C. 120.05 (A), (B); FAILING TO [INVESTIGATE] AND SUBMIT A FINANCIAL DISCLOSURE/AFFIDAVIT OF INDIGENCY FORM TO THE COURT FOR DETERMINATION OF INDIGENCY…”
Johnson v. Warden Chillicothe Corr. Inst., No. 2:16-cv-00985 (S.D. Ohio Mar. 27, 2020). “32(C);_ R.C. 120.05(A); OHIO ADMINISTRATIVE CODE RULE: 120-1-03; 120-i-05; RESULTING IN [JURISDICTIONAL, PROCEDURAL, PREJUDICIAL, AND REVERSIBLE PLAIN ERROR], THEREBY, RENDERING HIS [SENTENCE & SENTENCING ENTRY], [UNAUTHORIZED BY LAW], [CONTRARY TO LAW], [A NULLITY AND VOID…”
Ohio Rev. Code § 120.05(B): 3 cases
Lager v. Pittman, 746 N.E.2d 1199 (Ohio Ct. App. 11th Dist. 2000). “In turn, R.C. 120.05 sets forth the provisions governing the State Public Defender’s decision regarding whether representation should be provided in a given case: “(A) The determination of indigency shall be made by the state public defender, subject to review by the court.”
State v. McLean, 622 N.E.2d 402 (Ohio Ct. App. 1st Dist. 1993). “15(D), this section (R.C. 120.05[D]) applies equally to state and county public defenders and reflects the General Assembly’s policy favoring collection of attorney fees for court-appointed counsel from criminal defendants who have the ability to pay.”
Shaker House, L.L.C. v. Daniel, 2022-Ohio-2778, 193 N.E.3d 1159. “2000), the court held that a judge’s order requiring the county public defender to conduct indigency interviews at a specific time and place was invalid because it conflicted with R.C. 120.05(B), which gave the public defender discretion to decide how to fulfill its obligation…”
Ohio Rev. Code § 120.05(C): 1 case
Lager v. Pittman, 746 N.E.2d 1199 (Ohio Ct. App. 11th Dist. 2000). “In turn, R.C. 120.05 sets forth the provisions governing the State Public Defender’s decision regarding whether representation should be provided in a given case: “(A) The determination of indigency shall be made by the state public defender, subject to review by the court.”
Ohio Rev. Code § 120.05(D): 2 cases
State v. McLean, 622 N.E.2d 402 (Ohio Ct. App. 1st Dist. 1993). “15(D), this section (R.C. 120.05[D]) applies equally to state and county public defenders and reflects the General Assembly’s policy favoring collection of attorney fees for court-appointed counsel from criminal defendants who have the ability to pay.”
State v. Auxter, 2017-Ohio-1311. “08CA0090, 2010-Ohio-4760 , ¶ 59. However, the 8. defendant can be ordered to pay his appointed counsel’s fees and expenses if the court finds the defendant “has, or reasonably may be expected to have, the means to meet some part of the cost of the services rendered to the person.”
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