MANSFIELD — Proposed increases in fees paid to court-appointed defense attorneys representing indigent residents could cost Richland County an additional $284,375 each year.
That was the gist of a meeting Thursday morning between county commissioners and representatives from the Richland County Bar Association, who said fees paid to attorneys representing local indigent residents have not been raised in 16 years.
The requested increase, recommended in February by the Ohio Public Defender’s Office, would raise the fees to $75 per hour for attorneys doing such work, both in and out of court.
The current fee structure, established in 2003, pays $60 per hour for in-court work and $50 for work done outside the courtroom.
Commissioner Tony Vero said Richland County budgeted $600,000 for court-appointed attorneys in 2019, which is $50,000 less than it spent in 2018. Commissioner Marilyn John said the requested increase would add another $284,375 annually, based upon what the county spent last year.
The state of Ohio only reimburses counties 42 percent of court-appointed attorney costs, according to Vero.
“States are ultimately responsible for court-appointed defense. Our position is the state should bear the cost of it. The state is not even paying half of what we believe should be 100 percent,” Vero said.
“We passed a break-even budget showing no revenue increase in 2019. Where do we get the money?,” Vero said, pointing out Richland County lost $1.3 million when the state removed the Medicaid sales tax.
Nicholas Atterholt, president of the local bar association, didn’t dispute the notion the state should pay more of the costs.
“We just need to make sure we can give adequate counsel and do our jobs and the only way to do that is to be paid under a (revised) fee schedule,” Atterholt said.
Atterholt said commissioners have historically funded budget increases for the county prosecutor’s office and the sheriff’s department.
Vero said his research indicated Richland County now pays court-appointed attorneys at a rate comparable to other area counties and pays above the state averages for felonies, misdemeanors and juvenile court work.
Atterholt and other defense attorneys in the meeting said other area counties are planning fee increases.
After the meeting, Vero checked and found commissioners in Ashland, Morrow and Wayne counties will consider increases, but have “nothing on their agendas” now to vote for proposed hikes.
John said she would consider to research the proposed increase.
Veteran defense attorney Bernard Davis told commissioners about the rising costs of operating a law office and the importance of criminal defense work.
“I see practicing criminal law as the highest calling a lawyer can do. You’re not talking about dividing up pots and pans, or divvying up dead people’s money. We’re talking about people’s freedoms,” Davis said.
He said local defense attorneys, when privately retained, likely charge between $150 and $200 per hour.
“In this county, there are only so many people qualified to do this stuff. And when you’re talking about the really serious stuff, you have got a handful of lawyers that are doing the heavy lifting,” Davis said.
“I enjoy my profession. I like to do this stuff. I am proud of it. But it’s not fair us to be put in that position. Will I continue to do it? Yes, but it’s not right,” Davis said.
Vero didn’t dispute the need for the fee increase.
“You guys have gone a long time without an increase. But we have a function of this government that should be 100 percent of the state’s responsibility and they keep decreasing (its percentage of reimbursement).”
Probate Court Judge Philip Mayer also attended the meeting, telling commissioners all of the county’s judges support the fee increases.
