Today, State Public Defender Elizabeth Miller shared a memo highlighting recent amendments to Ohio Administrative Code Chapter 120 (available on OPD’s website at this link).
MEMORANDUM
DATE: April 17, 2026
TO: Appointed Counsel, County Public Defenders, Judges, County Commissioners, Court Administrators, & Auditors State Public Defender
FROM: Elizabeth Miller
RE:Amendments to Ohio Administrative Code Sections 120-1-04 and 120-1-10
I write today to share an update on amendments to Ohio Administrative Code (OAC) sections 120-1-04 and OAC 120-1-10, which become effective April 17, 2026. Below are details regarding the amendments as well as context on why the changes were made. The Ohio Public Defender Commission (Commission) formed a subcommittee that held public meetings over the course of 2025 for the purpose of engaging with justice system stakeholders to identify both immediate and long-term solutions to support indigent defense across Ohio. The following OAC amendments were presented to the full Commission at the end of the year and approved by Commission members. The amendments offer expanded pathways for appointed counsel to meet the qualifications for reimbursement. OAC 120-1-04 now provides in Section E: “Where an attorney seeks to gain the skills and experience necessary to meet the qualifications outlined in Ohio Administrative Code 120-1-10, that attorney may be appointed to a case as second chair to an attorney who meets the qualifications in Ohio Administrative Code 120-1-10.” This amendment offers support to an attorney seeking to gain the experience necessary to meet the qualifications in OAC 120-1-10 through appointment as second chair to an attorney who already meets those qualifications, and that counties may seek reimbursement for the bills of both attorneys. 1 OAC 120-1-10 now provides in Section F: “Attorneys appointed to represent indigent clients in felony cases or delinquency cases must meet the applicable requirements provided in paragraphs (I) to (O). Where an attorney has previously served as a certified legal intern, pursuant to Rule II of the Supreme Court Rules of the Government of the Bar, for at least 6 months with an organization providing indigent defense services, or successfully completed a law school clinical education program focusing on criminal defense, said experience will satisfy any requirement in paragraphs (I) to (O) to have: (1) One year of experience as an attorney practicing in the area of criminal law; and (2) One year of experience as an attorney practicing in the area of juvenile delinquency law.” This amendment will allow attorneys who gained practical and valuable experience as a certified legal intern to count that time toward meeting the time requirement as outlined in the OAC for purposes of reimbursement. The Office of the Ohio Public Defender appreciates that any change to the qualifications for reimbursement may prompt questions. Please do not hesitate to contact Executive Administrator Jacob Summers at Jacob.Summers@opd.ohio.gov or 614-466-5394.
Thank you.