Brook Park council debates, adopts agreement to secure indigent-defense reimbursements

Brook Park’s council on Sept. 2 adopted an order authorizing the mayor to enter into an agreement with Cuyahoga County to manage payment and reimbursement of indigent criminal defense counsel fees.

Law Director Carol Horvath told council the change was prompted by the Ohio Public Defenders, which she said will not reimburse assigned-counsel fees unless every municipality the defenders serve has a contract in place. “This is new,” Horvath said, describing a process under Ohio Revised Code section 120.33 in which attorneys are paid by the county, the city reimburses the county and then the county recoups funds from the state, minus a 3% administrative fee.

Horvath said the requirement is new for Brook Park this year and that the city had received the final contract copy only recently; she could not estimate how much the city will initially pay or ultimately be reimbursed. Council members pressed for clarity on retroactivity and scope. Horvath said the county’s process could make the agreement effectively retroactive and stressed that cities that do not enter contracts could be held fully liable for assigned-counsel costs.

Council moved the item from the finance committee to the council agenda and voted to adopt the order under suspension of the rules. Councilmembers supporting the measure said the contract is intended to ensure the city is reimbursed where possible and to avoid being “on the hook” for full attorney costs.

What happens next: The adopted order authorizes the mayor to execute the contract with the county. Horvath and finance staff said they will seek follow-up information from Berea Municipal Court and the county to clarify timing and the likely dollar amounts the city will pay and reclaim.