Ohio Rev. Code » Chapter 120
Ohio Revised Code

Ohio Rev. Code § 120.15 (2026)

County public defender - powers and duties

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
September 26, 1984
Latest Legislation:
Senate Bill 271 - 115th General Assembly
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(A) The county public defender shall be appointed by the county public defender commission for a term not to exceed four years. He shall be an attorney with a minimum of two years experience in the practice of law and be admitted to the practice of law in Ohio at least one year prior to his appointment.

(B) In carrying out the responsibilities and performing the duties of his office, the county public defender shall:

(1) Maintain an office, approved by the commission, provided with a library of adequate size, considering the needs of the office and the accessibility of other libraries, and other necessary facilities and equipment;

(2) Keep and maintain financial records of all cases handled and develop records for use in the calculation of direct and indirect costs in the operation of the office and report monthly pursuant to the rules of the Ohio public defender commission to the county public defender commission and to the Ohio public defender commission on all relevant data on the operations of the office, costs, projected needs, and recommendations for legislation or amendments to court rules, as may be appropriate to improve the criminal justice system;

(3) Collect all moneys due from contracts with municipal corporations or for reimbursement for legal services under this chapter and institute such actions in court for the collection of such sums as he considers advisable. All moneys collected or received by the public defender shall be paid into the county treasury to the credit of the general revenue fund.

(4) Appoint assistant county public defenders and all other personnel necessary to the functioning of the county public defender's office, subject to the authority of the county public defender commission to determine the size and qualifications of the staff pursuant to division (B) of section 120.14 of the Revised Code. All assistant county public defenders shall be admitted to the practice of law in Ohio, and may be appointed on a full or part-time basis.

(C) The county public defender may exercise the rights authorized in division (C) of section 120.04 of the Revised Code.

(D) 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 defender shall include a certification by the county public defender that all persons provided representation by the county public defender's office during the month covered by the report were indigent under the standards of the Ohio public defender commission.
Notes of Decisions
Cited in 7 cases, 1993–2012 · leading case: State ex rel. Mallory v. Pub. Employees Ret. Bd., 82 Ohio St. 3d 235 (1998).
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State ex rel. Mallory v. Pub. Employees Ret. Bd., 82 Ohio St. 3d 235 (1998). · cites it 4× “04(C)(3), read together with R.C. 120.15, unambiguously gives the county public defender the option of contracting with a private entity to provide the legal representation that the county public defender is obligated to provide by statute.”
State ex rel. Mallory v. Pub. Emp. Ret. Bd., 82 Ohio St. 3d 235 (1998). · cites it 4× “04(C)(3), read together with R.C. 120.15, unambiguously gives the county public defender the option of contracting with a private entity to provide the legal representation that the county public defender is obligated to provide by statute.”
State v. McLean, 622 N.E.2d 402 (Ohio Ct. App. 1st Dist. 1993). “” As provided in R.C. 120.15(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.”
Wooden v. Kentner, 790 N.E.2d 813 (Ohio Ct. App. 10th Dist. 2003). “See, generally, R.C. 120.15 et seq. (county public defenders).”
Lager v. Pittman, 746 N.E.2d 1199 (Ohio Ct. App. 11th Dist. 2000). “” R.C. 120.15(D) states that, prior to providing legal representation for a criminal defendant, a county public defender must determine whether the defendant is actually indigent.”
Johnson-Hebb v. Clinton Cnty. Pub. Def., 930 N.E.2d 868 (Ohio Ct. App. 12th Dist. 2010). “Dennis is authorized by R.C. 120.15(B)(4) to appoint assistant public defenders to help him carry out this duty.”
State v. Riegel, 2012-Ohio-4517. “) R.C. 120.15(D) {¶26} The determination of indigence for purposes of whether a plaintiff should be required to pay filing fees and court costs “is typically granted liberally in order to preserve the due process rights of litigants and guarantee an access to judicial process…”
Ohio Rev. Code § 120.15(B): 2 cases
State ex rel. Mallory v. Pub. Employees Ret. Bd., 82 Ohio St. 3d 235 (1998). “04(C)(3), read together with R.C. 120.15, unambiguously gives the county public defender the option of contracting with a private entity to provide the legal representation that the county public defender is obligated to provide by statute.”
State ex rel. Mallory v. Pub. Emp. Ret. Bd., 82 Ohio St. 3d 235 (1998). “04(C)(3), read together with R.C. 120.15, unambiguously gives the county public defender the option of contracting with a private entity to provide the legal representation that the county public defender is obligated to provide by statute.”
Ohio Rev. Code § 120.15(B)(4): 1 case
Johnson-Hebb v. Clinton Cnty. Pub. Def., 930 N.E.2d 868 (Ohio Ct. App. 12th Dist. 2010). “Dennis is authorized by R.C. 120.15(B)(4) to appoint assistant public defenders to help him carry out this duty.”
Ohio Rev. Code § 120.15(C): 2 cases
State ex rel. Mallory v. Pub. Employees Ret. Bd., 82 Ohio St. 3d 235 (1998). “04(C)(3), read together with R.C. 120.15, unambiguously gives the county public defender the option of contracting with a private entity to provide the legal representation that the county public defender is obligated to provide by statute.”
State ex rel. Mallory v. Pub. Emp. Ret. Bd., 82 Ohio St. 3d 235 (1998). “04(C)(3), read together with R.C. 120.15, unambiguously gives the county public defender the option of contracting with a private entity to provide the legal representation that the county public defender is obligated to provide by statute.”
Ohio Rev. Code § 120.15(D): 3 cases
State v. McLean, 622 N.E.2d 402 (Ohio Ct. App. 1st Dist. 1993). “” As provided in R.C. 120.15(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.”
Lager v. Pittman, 746 N.E.2d 1199 (Ohio Ct. App. 11th Dist. 2000). “” R.C. 120.15(D) states that, prior to providing legal representation for a criminal defendant, a county public defender must determine whether the defendant is actually indigent.”
State v. Riegel, 2012-Ohio-4517. “) R.C. 120.15(D) {¶26} The determination of indigence for purposes of whether a plaintiff should be required to pay filing fees and court costs “is typically granted liberally in order to preserve the due process rights of litigants and guarantee an access to judicial process…”
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