The Summit County Legal Defender Office (Legal Defender) is designated to provide the legal representation for an indigent charged with a misdemeanor and payment for such services shall be from the County of Summit and/or other governmental bodies contracting with it. Any person charged with a criminal or traffic misdemeanor, other than a minor misdemeanor, found by the Court to be in need of an attorney, indigent, and entitled to such services may be considered for an appointment of the Legal Defender. When a felony is reduced to a misdemeanor, a practicing attorney may continue with such representation. Further, when exceptional circumstances exist and for good cause the presiding judge may appoint a practicing attorney in a misdemeanor case.
Persons charged with a felony and found to be indigent, in need of an attorney, and entitled to the same, shall be appointed a practicing attorney or the Legal Defender. Appointments to practicing attorneys will be made on a rotating basis, when practicable, from the appointed counsel list compiled by the Akron Bar Association, with consideration given to the attorney’s expertise, experience and current caseload. The Court may make changes to and vary from the appointed counsel list based upon its current needs and an attorney’s credentials, experience, expertise and standing with the Supreme Court of Ohio.
No attorney, including the Legal Defender, appointed to represent an indigent, shall receive any fees for services relative to that appointment. Before the appointed attorney shall receive any money from or on behalf of an indigent defendant for services in such representation, the Court shall immediately be notified and give written approval to withdraw to the attorney withdrawing with waiver of any fees from public funds.
The Court shall have discretion to order a Defendant to reimburse the governmental body responsible for payment of his appointed counsel fees, or the Legal Defenders Office, for all or part of the sums expended for representation.
SMCR No.23 shall apply to all appointed counsel.