Amended 3/5/96; Effective 3/5/96
Amended 5/9/00; Effective 5/15/00
Amended 8/12/14; Effective 8/29/14
Counsel appointed by the Court to represent indigent defendants (“Appointed Counsel”) shall
be paid by Montgomery County, Ohio as provided herein.
A. Request for Payment
A. REQUEST FOR PAYMENT:
Appointed Counsel shall not be paid for services unless request for payment is submitted in
accordance with this Rule. All requests for payment shall be:
1. Made by completing a Criminal Appointed Counsel Pay Packet (“Pay Packet”) using the
prescribed forms provided in OPD-1026R, Appointed Counsel Fee Form Program
Software created by the Ohio Public Defender’s Commission (“Fee Software”).
Appointed Counsel is required to obtain a copy of the Fee Software from the Ohio Public
Defender’s Office. If Appointed Counsel is unable to use the Fee Software, a special
exemption must be requested, in writing, to the Administrative Judge;
2. Accompanied by a Financial Disclosure and Affidavit of Indigence Form completed by
the indigent defendant or Appointed Counsel on forms prescribed by the Ohio Public
Defender’s Commission; and
3. Presented to Court Administrative Services within 30 days after filing of the termination
entry of the case for which reimbursement is requested.
B. Compensation and Expenses
B. COMPENSATION AND EXPENSES:
1. No compensation shall exceed the following amounts:
a. A flat fee as established by the Ohio Public Defender’s Commission and set forth in
Appendix J (“Basic Fee”) per felony case for basic legal services. As defined in this
Rule, basic legal services includes: arraignment, pretrial conference with prosecutor,
initial client interview, scheduling conference, and final disposition; all telephone
calls; all appearances for continuances; basic legal research; and review of the
nature of the charge(s), routine criminal procedures, and the Discovery Packet.
b. An hourly rate as established by the Ohio Public Defender’s Commission and set
forth in Appendix J (“Hourly Rate”) for special research and writing; field
investigation; court conferences, hearings, and trial beyond those set forth in the
Basic Fee; witness conferences; and other activities approved in advance by the
c. Compensation shall not exceed the maximum fee permitted in trial level
proceedings for the case type as established by the Ohio Public Defender’s
Commission and set forth in Appendix J (“Maximum Fee”).
d. Pursuant to Sup. R. 20, death penalty specification cases require the appointment of
two attorneys. The Maximum Fee shall be paid on the combined bills of both
attorneys appointed to the case.
e. Additional compensation: If a trial continues beyond the time frames set forth in
this Subsection, Appointed Counsel may seek approval of additional compensation
from the assigned Judge. If approved by the assigned Judge, compensation in excess
of the Maximum Fee shall be at the Hourly Rate if a trial continues beyond the
i. For Aggravated Murder, 13 days;
ii. For Murder, 8 days; or
iii. For all other felonies, 4 days.
a. Reimbursement and payment for reasonable expenses associated with providing
representation shall be made when submitted with the Appointed Counsel’s Pay
Packet and approved by the assigned Judge.
b. Reasonable expenses include expert witness fees, polygraph examination costs, long
distance phone calls, photocopying, certain travel expenses, and other necessary
items as approved at the discretion of the assigned Judge.