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Ohio Public Defender seeks sustained county reimbursement and backs a Northwest Regional Hub pilot
Summary
State Public Defender Elizabeth Miller testified in support of maintaining OPD operating funds, increasing county reimbursement to meet rising indigent defense costs, removing an hourly cap for appointed counsel in underserved counties, and implementing a Northwest Regional Hub pilot to share staff across smaller counties.
State Public Defender Elizabeth Miller told the House Judiciary Committee the Office of the Ohio Public Defender (OPD) seeks sustained funding to meet constitutional obligations for indigent defense and asked the committee to support statutory changes that would ease delivery of defense services in underserved counties.
Miller outlined OPD’s role: direct representation for indigent adults and youth at trial, appellate and post-conviction stages; oversight and reimbursement for county-appointed counsel; and training and mitigation services. She said the office employs roughly 200 staff across five sites and that 84% of OPD’s operating budget covers payroll. Miller asked the General Assembly to maintain an operating appropriation set in the introduced budget (described in testimony as $40 million across the biennium) and to support an additional request to increase county reimbursement: she said additional appropriations would move the state toward the higher reimbursement rates counties have sought since 2020.
Miller and staff explained why indigent defense costs have risen: historic underfunding, counties increasing pay parity with prosecutors to recruit counsel, inflation, greater complexity of cases (body-worn camera footage, digital evidence, social media) and a nationwide shortage of attorneys—particularly acute in rural counties. She cited that OPD reimbursed counties at an average rate near 83% after recent investments, compared with historic averages below 40%.
On statutory changes, OPD requested (1) authority to receive counties’ projected indigent defense budgets earlier in the budget cycle so OPD can more accurately forecast reimbursement needs; (2) authority to contract with private counsel to cover revocation hearings and representation in post-release supervision revocation proceedings—Miller said revocation hearings rose from about 200 in 2012 to more than 1,100 in 2024; and (3) removal of a $75 hourly cap on reimbursement for appointed counsel, which OPD said reduces counties’ ability to hire counsel in underserved areas and has produced limited state savings.
Miller described a Northwest Regional Hub pilot funded in the executive budget and supported by stakeholders from House Bill 150 task force work. The hub would operate from an Allen County office to serve Allen, Putnam and Hardin counties with shared investigators, social workers and cross-coverage of dockets to address staffing shortages in smaller counties. The governor’s executive budget appropriated $3.3 million in FY 2026 and $3.3 million in FY 2027 for the pilot, Miller said.
Committee members asked clarifying budget questions, including a multimember inquiry about a timing-related drop in the line item for a youth reentry grant; Miller said hiring delays caused slower drawdown of those funds but that the program and staff hires were underway. Members also asked whether a statewide model with uniform reimbursement rates would address the disparities between counties; Miller responded that a statewide delivery model could be beneficial and that pilot hub models are being tested to explore shared services and statewide efficiencies.
Ending
Miller closed by asking for continued investment and statutory changes to stabilize indigent defense delivery; committee members noted continued oversight and potential legislative follow-up on reimbursement, hiring, and the hub pilot.
