Hamilton County adopts ordinance to create Public Defender Board

Hamilton County commissioners voted Nov. 24 to adopt Ordinance No. 11-25-2025-a, creating a Hamilton County Public Defender Board charged with developing a comprehensive plan for public defender services.

County attorney and staff introduced the ordinance during the meeting, saying the board would “come up with a comprehensive plan” that could allow the county to apply for reimbursement of some public defense costs if the plan is adopted. Andrew O'Church, who summarized the ordinance, said the school of practice among counties varies but noted that “60 of our other 92 counties have adopted this” in some form, signaling the change follows common practice elsewhere.

Commissioners voted to waive rules to consider the ordinance on first reading, then voted to adopt it during the same meeting. Board members emphasized the action does not automatically change the county’s existing public defender contracts; as one commissioner noted, forming the board is a step to position the county for possible future changes rather than an immediate replacement of current contracts.

The ordinance sets out the board’s powers and duties to develop recommendations and a plan. The county attorney said there is no statutory requirement that adoption obligates later action; the board can withdraw or decline to implement recommendations later. The measure passed by voice vote with the commissioners indicating support.

Next steps: The newly established Public Defender Board will develop the comprehensive plan described in the ordinance and report back to the commissioners as called for in the ordinance language.