County commissioners across Ohio are working to change legislation that would force the state government to reimburse counties the promised 50 percent funding of the Public Defender's Contract.
In 1972, the U.S. Supreme Court mandated that the defense of indigent people accused of crimes must be provided at public expense. Ohio's Public Defender Law, which was enacted in 1976, committed the state to reimbursing 50 percent of the public-defense costs to the counties.
The Athens County Commissioners signed the Public Defender's contract at the commissioner's meeting April 13. According to the Ohio Revised Code, the state could pay up to 50 percent appropriation, but in most cases, only reimburses most counties 29 to 31 percent of their budgets for public defense.
The Athens County Commissioners set aside $402,000 for public defense costs for the 2004-2005 fiscal year. The total contract cost was $394,308, with the county paying $17,797 more of the contract cost than last year.
Years ago
the language was very specific and said the state shall pay 50 percent said Mike Westfall, Southeastern Ohio Pubic Defender's Office director. Then they amended the law probably 10 to 12 years ago
to say up to 50 percent reimbursement.
Westfall said the law is an odd concept, one that took him a while to grasp.
The counties spend the money and once they've spent it
they certify that they have it
and the state sends some of it back
he said.
Athens County Commissioner Bill Theisen said the state is having some budget problems.
Every time the state balances the budget
they take more away from the counties' appropriation
he said.
The County Commissioners' Association of Ohio is one of the main organizations that lobby for changes to the legislation. Policy Analyst John Leutz said the state should uphold its original agreement and fund the reimbursement at the 50 percent level.
We have been very disappointed to see that the percentage rate (reimbursed) has continued to decline
Leutz said.
According to a memo from Leutz to the State Finance and Financial Institutions Committee, the legislation changed in 1979 when it amended the law to adopt the concept of proportional reduction. Proportional reduction is a decrease in the money a county receives based on the state's budget.
Leutz wrote, Now
if the budget appropriation is not sufficient to reimburse the counties at the full 50 percent
