Ohio Rev. Code » Chapter 120
Ohio Revised Code

Ohio Rev. Code § 120.26 (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
PDF:
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(A)(1) The joint 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 joint 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 joint 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 joint 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 joint county public defender may request the Ohio public defender to prosecute any appeal or other remedy before or after conviction that the joint 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 joint county public defender shall not be required to prosecute any appeal, postconviction remedy, or other proceeding, unless the joint county public defender is first satisfied that there is arguable merit to the proceeding.

(E) Nothing in this section shall prevent a court from appointing counsel other than the joint 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 joint county public defender as co-counsel when the interests of justice so require.

(F) Information as to the right to legal representation by the joint 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 joint 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 joint county defender or the joint 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 10 cases (1 in the last 5 years), 1986–2024 · leading case: State v. Stiltner, 2019 Ohio 4631 (Ohio Ct. App. 2019).
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State v. Stiltner, 2019 Ohio 4631 (Ohio Ct. App. 2019). · cites it 4× “If the defendant is unable to obtain counsel, the court shall appoint counsel under Chapter 120. of the Revised Code or under the authority recognized in division (C) of section 120.”
State v. Rohrer, 2015 Ohio 5333 (Ohio Ct. App. 2015). · cites it 4× “16, division (E) of section 120.26, or section 2941.51 of the Revised Code; Ross App.”
State v. Riley, 2019 Ohio 3327 (Ohio Ct. App. 2019). · cites it 2× “16 or division (E) of section 120.26 of the Revised Code, or otherwise appointed by the court, * * * shall be paid for their services by the county * * *.”
State v. Luff, 621 N.E.2d 493 (Ohio Ct. App. 1993). · cites it 2× “16 or division (E) of section 120.26 of the Revised Code, or otherwise appointed by the court, except for counsel appointed by the court to provide legal representation for a person charged with a violation of an ordinance of a municipal corporation, shall be paid for their…”
State v. Fulton, 2019 Ohio 2509 (Ohio Ct. App. 2019). · cites it 2× “16 or division (E) of section 120.26 of the Revised Code, or otherwise appointed by the court, * * * shall be paid for their services by the county * * *.”
State v. Perkins, 2019 Ohio 3993 (Ohio Ct. App. 2019). · cites it 2× “16 or division (E) of section 120.26 of the Revised Code, or otherwise appointed by the court, * * * shall be paid for their services by the county the compensation and expenses that the trial court approves.”
State v. Tasciuc, 2024 Ohio 5556 (Ohio Ct. App. 2024). · cites it 2× “If the defendant is unable to obtain counsel, the court shall appoint counsel under Chapter 120.”
State, Ex Rel Brown v. Dana, 586 N.E.2d 150 (Ohio Ct. App. 1990). · cites it 2× “16 or division (E) of section 120.26 of the Revised Code, or otherwise appointed by the court, except for counsel appointed by the court to provide legal representation for a person charged with a violation of an ordinance of a municipal corporation, shall be paid for their…”
State v. Weimer, 2014 Ohio 1354 (Ohio Ct. App. 2014). · cites it 2× “16 or division (E) of section 120.26 of the Revised Code, or otherwise appointed by the court, except for counsel appointed by the court to provide legal representation for a person charged with a violation of an ordinance of a municipal corporation, shall be paid for their…”
State ex rel. Marco v. Jaffe, 495 N.E.2d 958 (Ohio 1986). · cites it 2× “26 of the *238 Revised Code, or otherwise appointed by the court, except for counsel appointed by the court to provide legal representation for a person charged with a violation of an ordinance of a municipal corporation, shall be paid for their services by the county the…”
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