Court Appointed Counsel Information

Who is eligible for court appointed counsel?

A defendant of any legal action that may upon disposition be sentenced to jail or prison and who is found by the Court to be indigent is eligible for court appointed counsel. This would include any felony or misdemeanor charge in a criminal case or various contempt actions in a domestic relations case or protection order case.

How does someone apply for court appointed counsel and is there a charge?

A Financial Disclosure/Affidavit of Indigency Form must be completed. To obtain this form you may call the appropriate staff member (see below) at 419-562-5771 to have the form mailed to you or visit that staff member at the Common Pleas Court located on the Second Floor of the Crawford County Courthouse.

For Criminal Cases contact Nikki Dyer, extension 1159.

For Domestic Relations Cases contact Lisa Anatra, extension 1145.

For Protection Order Cases contact Cheryl Watkins, extension 1148.

A $25.00 non-refundable application fee will be assessed when submitting your Financial Disclosure/Affidavit of Indigency Form and is to be paid to the Clerk of Courts within seven (7) days of submitting your form.

How will I know if I’m approved for court appointed counsel?

Upon receipt of your completed Financial Disclosure/Affidavit of Indigency Form, the form will be presented to the appropriate magistrate or judge for review. Based upon their findings, you will be contacted by telephone or through the mail as to the outcome of your request. If you do qualify for court appointed counsel, further instruction will be provided to you in writing.

What attorney will handle my case if I qualify for court appointed counsel?

Crawford County does not have a public defenders office, but instead works off a list of attorneys who accept court appointment. If you have worked with an attorney in the past and wish that attorney be contacted if you should qualify, you must provide the name, telephone number, and/or address of the attorney when submitting your Financial Disclosure/Affidavit of Indigency Form to the Court. If you request a specific attorney and qualify for court appointed counsel, that attorney will be contacted to take your case. If that attorney does not accept appointment or if you do not request a specific attorney, the Court will select an attorney from the list spoken of above.

Financial Disclosure/Affidavit of Indigency

In Crawford County Common Pleas Court, it is the responsibility of counsel to confirm their indigent client has completed the Financial Disclosure/Affidavit of Indigency Form. If the Court determined eligibility in court, it is likely that a completed form is not on file. If a form has been filed with the Court, it will be held in the case file and recorded on the case docket as an Indigent Application.

Motion, Entry, and Certification for Appointed Counsel Fees

After the disposition of the case or the final hearing on the matter, counsel should complete this form and submit the original with three copies to the Common Pleas Court, attention Annette Johnston, immediately and no later than 30 days from the disposition or final hearing. Also included must be the original, if available, of the client’s Financial Disclosure/Affidavit of Indigency Form along with three copies. Please be aware, the request for payment will be returned, unpaid, if a Financial Disclosure/Affidavit of Indigency Form is not included.

If copies of the above-mentioned forms are needed, please contact Annette Johnston at 419-562-5771, Ext. 1150 or visit the website of the Office of the Ohio Public Defender at www.opd.ohio.gov.

19 (A) NOW THEREFORE, be it resolved, that pursuant to Ohio Revised Code Section 120.33 and 2941.51 the following plan is adopted for use by all the Courts within Crawford County, Ohio:

 

1. All counsel eligible for payment under this schedule shall be appointed by a Judge of the Municipal Court or Common Pleas Court and said appointment shall be entered by signed journal entry recorded on the Court Docket.

 

2. Reimbursement (payment) for assigned counsel services shall be on the basis of Sixty Dollars ($60.00) per hour for time in court and Fifty Dollars ($50.00) per hour for time out‑of‑court up to the following maximum amounts for the following offense classifications and other proceedings:

 

 

Trial Level Proceedings

 

Aggravated Murder (w/specs)

$ 50,000.00

Aggravated Murder (w/o specs) ‑ 1 attorney

$ 8,000.00

Aggravated Murder (w/o specs) ‑ 2 attorneys

$ 10,000.00

Murder

$ 5,000.00

Felony with possible Life Sentence/Repeat Violent Offender/ Major Drug Offender

$ 5,000.00

Felonies (degrees 1 –3)

$ 3,000.00

Felonies (degrees 4 & 5)

$ 2,500.00

Misdemeanors (degrees 1 – 4)

$ 1,000.00

Contempt of Court

$ 300.00

Parole, Probation and all other proceedings not elsewhere classified

$ 500.00

 

 

Juvenile Proceedings

 

Delinquency

$ 1,000.00

Guardian Ad Litem

$ 600.00

Permanent Custody

$ 1,000.00

All Others

$ 1,000.00

 

 

Post‑Conviction and Habeas Corpus Proceedings

 

Post-Conviction with evidentiary hearing

$ 1,500.00

Post-Conviction without hearing

$ 750.00

Habeas Corpus with evidentiary hearing

$ 1,500.00

Habeas Corpus without evidentiary hearing

$ 750.00

Post Conviction and State Habeas Corpus proceedings involving a death sentence (2 attorneys)

$ 12,500.00

 

 

Appellate Proceedings

 

Aggravated Murder (death sentenced imposed –

2 attorneys)

$ 12,500.00

Aggravated Murder (sentence other than death)

$ 5,000.00

Murder with Life Sentence/Repeat Violent Offender/Major Drug Offender/Sexually Violent Predator

$ 3,000.00

Felonies (S.B. 2 & H.B. 1 Appeals)

$ 1,500.00

Misdemeanors

$ 1,000.00

Other / Juvenile

$ 1,000.00

 

3. Reimbursement (payment) for the entrance of pleas in all cases will be made on the basis of Sixty Dollars ($60.00) per hour in court and Fifty Dollars ($50.00) per hour out‑of‑court up to the prescribed maximums for each offense classification.

 

4. Reimbursement (payment) for reasonable expenses associated with providing representation shall be made when submitted on the attorney’s fee certification and approved by the Court. Expenses include, but are not limited to, such items as expert witness fees, polygraph examination costs, long distance phone calls, photocopying, certain travel expenses and other necessary items as approved in the discretion of the Courts.

 

5. Additional reimbursement (payment) shall be made for extraordinary cases when approved by the Court. Such reimbursement (payment) shall be made at the rate of Sixty Dollars ($60.00) per hour in court and Fifty Dollars ($50.00) per hour out‑of‑court, whenever a trial continues beyond the following periods:

Aggravated Murder 15 days

Murder 10 days

Felonies 5 days

 

19. (B) The attorney’s certificate when submitted shall include a separate written statement noting that the Court had allowed extraordinary fees with the specific amount of the fee and the time involved indicated.

 

 

Adopted by the Board of County Commissioners

January 5, 1989, August 15, 1995 & November 7, 1995, March 28, 2000