Ohio Rev. Code » Chapter 120
Ohio Revised Code

Ohio Rev. Code § 120.16 (2026)

Legal representation to be provided

✓ current as of May 2026
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Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
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(A)(1) The county public defender shall provide legal representation to indigent adults and juveniles who are charged with the commission of an offense or act that is a violation of a state statute and for which the penalty or any possible adjudication includes the potential loss of liberty and in postconviction proceedings as defined in this section.

(2) The county public defender may provide legal representation to indigent adults and juveniles charged with the violation of an ordinance of a municipal corporation for which the penalty or any possible adjudication includes the potential loss of liberty, if the county public defender commission has contracted with the municipal corporation to provide legal representation for indigent persons charged with a violation of an ordinance of the municipal corporation.

(B) The county public defender shall provide the legal representation authorized by division (A) of this section at every stage of the proceedings following arrest, detention, service of summons, or indictment.

(C) The county public defender may request the state public defender to prosecute any appeal or other remedy before or after conviction that the county public defender decides is in the interests of justice, and may provide legal representation in parole and probation revocation matters and matters relating to the revocation of community control or post-release control under a community control sanction or post-release control sanction.

(D) The county public defender shall not be required to prosecute any appeal, postconviction remedy, or other proceeding, unless the county public defender is first satisfied there is arguable merit to the proceeding.

(E) Nothing in this section shall prevent a court from appointing counsel other than the county public defender or from allowing an indigent person to select the indigent person's own personal counsel to represent the indigent person. A court may also appoint counsel or allow an indigent person to select the indigent person's own personal counsel to assist the county public defender as co-counsel when the interests of justice so require.

(F) Information as to the right to legal representation by the county public defender or assigned counsel shall be afforded to an accused person immediately upon arrest, when brought before a magistrate, or when formally charged, whichever occurs first.

(G) If a court appoints the office of the county public defender to represent a petitioner in a postconviction relief proceeding under section 2953.21 of the Revised Code, the petitioner has received a sentence of death, and the proceeding relates to that sentence, all of the attorneys who represent the petitioner in the proceeding pursuant to the appointment, whether an assistant county public defender or the county public defender, shall be certified under Rule 20 of the Rules of Superintendence for the Courts of Ohio to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed.

(H) As used in this section:

(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(2) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.
Notes of Decisions
Cited in 41 cases (7 in the last 5 years), 1981–2026 · leading case: State v. Crowder, 573 N.E.2d 652 (Ohio 1991).
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State v. Crowder, 573 N.E.2d 652 (Ohio 1991). · cites it 10× “See R.C. 120.16 and 120.26. In Ohio, representation by counsel for postconviction proceedings is not a matter of constitutional or statutory right.”
Hamblin v. Anderson, 947 F. Supp. 1179 (N.D. Ohio 1996). · cites it 9× “” Ohio Rev.Code Ann. § 120.16(A)(1) (Banks-Baldwin 1984) (emphasis added).”
State Ex Rel. Kura v. Sheward, 598 N.E.2d 1340 (Ohio Ct. App. 1992). · cites it 6× “33 provides for situations where a county public defender system is not utilized by the board of county commissioners.”
State ex rel. Asberry v. Payne, 693 N.E.2d 794 (Ohio 1998). · cites it 2× “16(A), the former section alone would not provide relators * * * with the right to court-appointed counsel; neither relator is charged with a ‘serious offense’ or involved in a proceeding which may result in the loss of liberty.”
State v. Rohrer, 2015 Ohio 5333 (Ohio Ct. App. 2015). · cites it 4× “06, division (E) of section 120.16, division (E) of section 120.”
State ex rel. McKenney v. Jones (Slip Opinion), 2022 Ohio 583 (Ohio 2022). · cites it 3× “The relators’ request for a writ of prohibition declaring a clause of the agreement unenforceable {¶ 18} Pursuant to R.C. 120.16(A)(1), a county public defender must provide representation to indigent defendants who are charged with the commission of an offense, in violation of…”
State ex rel. Butler v. Demis, 420 N.E.2d 116 (Ohio 1981). · cites it 2× “33 provides in pertinent part: •“In lieu of using a county or joint county public defender to represent indigent persons in the proceedings set forth in division (A) of section 120.16 of the Revised Code, the county commissioners of any county may adopt a resolution to pay…”
State v. Riley, 2019 Ohio 3327 (Ohio Ct. App. 2019). · cites it 2× “51, captioned “Person represented shall pay for part of costs if able,” states in part: {¶94} “(A) Counsel appointed to a case or selected by an indigent person under division (E) of section 120.16 or division (E) of section 120.”
State v. Barnes, 454 N.E.2d 572 (Ohio Ct. App. 1982). · cites it 4× “3d 338 ], a panel of the Court of Appeals for Cuyahoga County decided on October 11,1979, that the “appointment of counsel for postconviction proceedings is a matter of judicial discretion which may be exercised pursuant to the public defender statutes, specifically R.C. 120.16…”
State v. Hill, 595 N.E.2d 884 (Ohio 1992). “In his fifth proposition of law, defendant contends that he was denied his right to due process when he was denied his statutory right to counsel pursuant to R.C. 120.16, 2935.14 and 2935.20. We cannot, however, find any evidence supporting defendant’s contention that he was…”
State v. Luff, 621 N.E.2d 493 (Ohio Ct. App. 1993). · cites it 2× “51 provides in pertinent part: “(A) Counsel appointed to a case or selected by an indigent person under division (E) of section 120.16 or division (E) of section 120.”
State v. Taylor, 2015 Ohio 420 (Ohio Ct. App. 2015). “” R.C. 120.16(D); see also R.C. 120.06(B) (relating to the state public defender).”
Show all 41 citing cases →
— Ohio Rev. Code § 120.16(A) — 5 cases
State ex rel. Asberry v. Payne, 693 N.E.2d 794 (Ohio 1998). “16(A), the former section alone would not provide relators * * * with the right to court-appointed counsel; neither relator is charged with a ‘serious offense’ or involved in a proceeding which may result in the loss of liberty.”
State Ex Rel. Kura v. Sheward, 598 N.E.2d 1340 (Ohio Ct. App. 1992). “33 provides for situations where a county public defender system is not utilized by the board of county commissioners.”
Lager v. Pittman, 746 N.E.2d 1199 (Ohio Ct. App. 2000).
State ex rel. Asberry v. Payne, 1998 Ohio 596 (Ohio 1998).
State ex rel. Holloman v. Phillips, 100 Ohio St. 3d 70 (Ohio 2003).
— Ohio Rev. Code § 120.16(A)(1) — 20 cases
State v. Crowder, 573 N.E.2d 652 (Ohio 1991). “See R.C. 120.16 and 120.26. In Ohio, representation by counsel for postconviction proceedings is not a matter of constitutional or statutory right.”
Hamblin v. Anderson, 947 F. Supp. 1179 (N.D. Ohio 1996). “” Ohio Rev.Code Ann. § 120.16(A)(1) (Banks-Baldwin 1984) (emphasis added).”
Thorp v. Strigari, 800 N.E.2d 392 (Ohio Ct. App. 2003).
State v. Slagle, 2012 Ohio 1936 (Ohio Ct. App. 2012).
State ex rel. McKenney v. Jones (Slip Opinion), 2022 Ohio 583 (Ohio 2022). “The relators’ request for a writ of prohibition declaring a clause of the agreement unenforceable {¶ 18} Pursuant to R.C. 120.16(A)(1), a county public defender must provide representation to indigent defendants who are charged with the commission of an offense, in violation of…”
— Ohio Rev. Code § 120.16(A)(2) — 1 case
State Ex Rel. Kura v. Sheward, 598 N.E.2d 1340 (Ohio Ct. App. 1992). “33 provides for situations where a county public defender system is not utilized by the board of county commissioners.”
— Ohio Rev. Code § 120.16(B) — 3 cases
State ex rel. McKenney v. Jones (Slip Opinion), 2022 Ohio 583 (Ohio 2022). “The relators’ request for a writ of prohibition declaring a clause of the agreement unenforceable {¶ 18} Pursuant to R.C. 120.16(A)(1), a county public defender must provide representation to indigent defendants who are charged with the commission of an offense, in violation of…”
State Ex Rel. Kura v. Sheward, 598 N.E.2d 1340 (Ohio Ct. App. 1992). “33 provides for situations where a county public defender system is not utilized by the board of county commissioners.”
State ex rel. Holloman v. Phillips, 100 Ohio St. 3d 70 (Ohio 2003).
— Ohio Rev. Code § 120.16(D) — 10 cases
Hamblin v. Anderson, 947 F. Supp. 1179 (N.D. Ohio 1996). “” Ohio Rev.Code Ann. § 120.16(A)(1) (Banks-Baldwin 1984) (emphasis added).”
State v. Taylor, 2015 Ohio 420 (Ohio Ct. App. 2015). “” R.C. 120.16(D); see also R.C. 120.06(B) (relating to the state public defender).”
State v. Simons, 2013 Ohio 3654 (Ohio Ct. App. 2013).
State v. Conway, 2025 Ohio 1844 (Ohio Ct. App. 2025).
Mills v. Anderson, 961 F. Supp. 198 (S.D. Ohio 1997).
— Ohio Rev. Code § 120.16(E) — 1 case
State Ex Rel. Kura v. Sheward, 598 N.E.2d 1340 (Ohio Ct. App. 1992). “33 provides for situations where a county public defender system is not utilized by the board of county commissioners.”
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