Should Scioto County increase the amount it pays attorneys to take on cases for defendants who can’t afford lawyers?
When the Ohio State Legislature increased the amount it reimburses counties for indigent defense, many counties went right ahead and raised the rates they pay attorneys for taking on the cases.
However, according to Scioto County Commissioner Scottie Powell, the county waited to see how the budget would shake out since they didn’t want to overspend and blow their whole budget.
Request to Double Rate
Commissioner Bryan Davis said judges had requested that the county double the current rate. He said reimbursement for indigent defense has been an issue for years. He said the recent decision that the state should reimburse at 100% had saved the county close to $300,000. “According to the state constitution, it should be the state paying these fees. When the Ohio Constitution says ‘the state shall provide for,’ that doesn’t mean the county should provide for. Unfortunately, the state has taken the position that they’ll just ask the county to cover it. We fought for 100% coverage.” He said the state has sometimes only reimbursed less than half of the county’s considerable expense for indigent defense.
However, Davis said there is already talk of rolling back the 100% reimbursement rate to counties, which has made him wary of raising fees for attorneys. “You have to proceed with caution. The state giveth and the state taketh away. I’ve been down this road too many times.”
$75 Per Hour
Back in 2020, the Ohio State Bar Association passed a resolution asking that the minimum fee paid to those who are appointed to serve as counsel to the indigent be raised to $75 per hour. According to the Ohio Bar Association, not paying lawyers ‘reasonable rates deters qualified attorneys from being able to take appointed cases, undermining the right to counsel.”
Commissioner Davis said the county had not raised the pay rate for local lawyers since 2016 and it was time for a robust discussion to consider the issue.
Commissioner Powell said local judges had asked commissioners to consider raising the rates and he thought it was important to have them involved in the discussions.
Time to Move
Commissioner Powell said he wanted to move on the issue within the next week. “I think our bar association deserves answers.”
