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July 30, 2006

Indigents Now Charged $25 for Public Defender Services

The budget bill, H.B. 66 , Ohio Revised Code Section 120.36, permitted counties to charge fees to indigents for using public defender services.  The counties were motivated to do so, because the state has decreased its funding of public defender offices.  It is anticipated that the fee will be waived in most cases.  Changes were made by the budget corrections bill, H.B. 530.  In order to get a waiver, a person must aver his income is not more than 125% of the federal poverty level.  Judges can not issue blanket waivers, and must report to the state on fees collected and waivers granted.  See Ohio Enacts $25 Fee for Defendants Who Get Assigned Lawyers by Reginald Fields, The Plain Dealer, July 30, 2006.