OAG 1994-014.

Case DateMarch 28, 1994
CourtOhio
Ohio Attorney General Opinions 1994. OAG 1994-014. March 28, 1994OPINION NO. 1994-014The Honorable Kevin J. BaxterErie County Prosecuting Attorney2900 Columbus Avenue Sandusky, Ohio 44870 Dear Prosecutor Baxter: You have requested an opinion on the following question: "Whether a three member committee composed of a county commissioner, the president of the local bar [association], and a citizen, which sits to make a recommendation to a court of common pleas as to the reasonableness of attorney requests for extraordinary compensation for representation of indigent clients, is a committee subject to the provisions of [R.C.] 121.22?"
Requirements of R.C. 121.22
R.C. 121.22 establishes certain requirements with which public bodies(fn1) must comply in conducting official business. The primary requirement is stated in R.C. 121.22(C), as follows: "All meetings of any public body are declared to be public meetings open to the public at all times." For purposes of R.C. 121.22, a "meeting" is defined as "any prearranged discussion of the public business of the public body by a majority of its members." R.C. 121.22(B)(2). Whether the committee you describe must comply with R.C. 121.22 in the performance of its duties depends upon whether its deliberations constitute a meeting for purposes of R.C. 121.22.
Statutory Scheme Governing Payment of Appointed Counsel
R.C. 2941.51, which provides for the payment of appointed counsel, states in part:
(A) Counsel appointed to a case or selected by an indigent person under [R.C. 120.16(E)] or [R.C. 120.26(E)], or otherwise appointed by the court, except for counsel appointed by the court to provide legal representation for a person charged with a violation of an ordinance of a municipal corporation, shall be paid for their services by the county the compensation and expenses that the trial court approves....Compensation and expenses shall not exceed the amounts fixed by the board of county commissioners pursuant to division (B) of this section.
(B)The board of county commissioners shall establish a schedule of fees by case or on an hourly basis to be paid by the county for legal services provided by appointed counsel. Prior to establishing such schedule, the board shall request the bar association or associations of the county to submit a proposed schedule. The schedule submitted shall be subject to the review, amendment, and approval of the board of county commissioners.
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(E) The county auditor shall draw his warrant on the county treasurer for the payment of such counsel in the amount fixed by the court, plus the expenses
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