Amended 3/5/96; Effective 3/5/96
Amended 5/9/00; Effective 5/15/00
Amended 8/12/14; Effective 8/29/14
Amended 12/21/22; Effective 1/1/23
Amended 6/21/2023; Effective 7/1/2023
Counsel appointed by the Court to represent indigent defendants (“Appointed Counsel”) shall
be paid by Montgomery County, Ohio as provided herein.
A. BILLING AND PAYMENT PROCESS:
Compensation for Appointed Counsel shall be permitted in accordance with the schedule of fees established and approved by the Montgomery County Board of County Commissioners for such purposes. The current fee schedule can be found at https://www.montcourt.oh.gov/wp-content/uploads/2022/12/FeeResolution.pdf. Appointed Counsel shall not be paid for services unless request for payment is submitted in accordance with this Rule.
1. Ohio Public Defender Fee Forms. A request for payment shall be made by submitting to the Court a Motion, Entry and Certification for Appointed Counsel Fees (OPD-1026R) and, if necessary, an Itemized Fee Statement Continuation Sheet (OPD-1027R) (collectively, the “Pay Packet”).
2. Itemized Billing Statements. Each Pay Packet shall include a separate itemized billing statement that describes the work completed for each increment of out-of-court time listed on the Itemized Fee Statement contained on page 2 of the Motion, Entry and Certification for Appointed Counsel Fees. This billing statement will not be filed with the Clerk.
3. Financial Disclosure Form Required. A Pay Packet must be accompanied by a Financial Disclosure Form (OPD-206R) (“Financial Disclosure Form Form”). Appointed Counsel must ensure that a completed and executed Financial Disclosure Form is submitted to the Court’s Appointed Counsel Specialist not later than the first scheduling conference in the case. Pay Packets will not be processed without a completed Financial Disclosure Form.
4. Submission Deadline. A Pay Packet must be submitted to the court’s Appointed Counsel Officer (i) no later than the last day of the month following the month in which the case was finally disposed of or terminated, or (ii) if an attorney withdraws or is removed from a case, no later than the last day of the month following the month in which the attorney withdrew or was removed from the case (in either event, the “Submission Deadline”). For example, if a case is terminated on February 5th of a given year and the attorney has not withdrawn or been removed from the case, the Submission Deadline for a completed Pay Packet is March 31st of that year. Failure to submit a completed Pay Packet by such deadline will result in the reduction or denial of compensation as set forth below.
i. Compensation shall be reduced by 25% when a Pay Packet is submitted up to 15 days after the Submission Deadline.
ii. Compensation shall be reduced by 50% when a Pay Packet is submitted between 16 and 30 calendar days after the Submission Deadline.
iii. Compensation shall be reduced by 75% when a Pay Packet is submitted between 31 and 90 calendar days after the Submission Deadline.
iv. Compensation shall be denied when a Pay Packet is submitted more than 90 calendar days after the Submission Deadline.
b. Extraordinary Fees. The payment of extraordinary fees due to complex issues, multiple offenses, lengthy trials, or other reasons warranting compensation at a rate which exceeds the maximum fees established by the Montgomery County Board of County Commissioners may be permitted upon approval by the Assigned Judge. To request extraordinary fees, an attorney shall attach a letter explaining the fees to the Motion, Entry and Certification for Appointed Counsel Fees as part of the attorney’s Pay Packet.
c. Payment of Expenses. All requests for payment of expenses, including expert expenses, must be in accordance with the Office of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement. Appointed Counsel seeking payment for expenses must provide receipts for all individual expenses in excess of one dollar ($1.00). The Assigned Judge’s prior approval is not required for expenses totaling less than one hundred dollars ($100.00). Prior approval by the Assigned Judge is required before incurring total expenses that exceed one hundred dollars ($100.00). When submitting the appropriate form for reimbursement or payment of expenses (including any Motion for Court-Paid Expenses), the attorney shall include the court order approving such expenses.
In accordance with the Office of the Ohio Public Defender’s Standards and Guidelines for
Appointed Counsel Reimbursement, Appointed Counsel is required to prepare and maintain
time records for each appointed case, showing the date of service, nature of services
rendered, and hours worked. Appointed Counsel shall keep such records for a period of five
years after the journalization of the termination entry of the case for which reimbursement
was requested and shall provide such records to the Court upon request.
In accordance with the Rules of Superintendence, at least once every 5 years, the Court shall
review the compensation paid to Appointed Counsel to determine the compensation’s
adequacy and effect upon the availability of court appointments.
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