Ohio

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Qualified

Domestic Violence - Accused Person

Litigation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
September 17, 2024
Ohio 5th Dist. joins the 6th in recognizing RTC for minor DV respondents
Two Ohio appellate courts have found a due process right to counsel for juvenile respondents in protective order proceedings.
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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

January 1, 2012
Ohio Supreme Court extends right to counsel to guardianship review cases
The Ohio Supreme Court ruled that as a matter of statutory construction, there is a right to counsel in reviews of existing guardianships.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
The NCCRC helped petitioners with legal research and briefing for the Ohio Supreme Court case.
Doesn't Affect

Housing - Evictions

Report

March 30, 2023
Cincinnati data flags troubling eviction stats, positive representation results
Reports from Cincinnati flag the low number of represented tenants and high eviction rates, as well as the positive impact of representation.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC gave input on the 2023 report.

August 15, 2024
Reports find benefits for tenant rep in Columbus OH
A report by Legal Aid Society of Columbus found that tenants with representation received favorable outcomes in their cases far more often.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

Legislation

February 1, 2024
All about Cleveland's eviction right to counsel
A bill guarantees counsel to Cleveland families with children facing eviction who are at or below 100% of the federal poverty level.
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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC has worked with advocates over the last several years to advance this bill.

February 10, 2023
All about Toledo's right to counsel for tenants facing eviction
The City of Toledo has enacted legislation to guarantee counsel to low-income tenants facing eviction.
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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC submitted supportive testimony, met with advocates and city leaders, and worked with advocates on the bill language.

April 17, 2022
Lakewood Ohio considering tenant right to counsel
An ordinance introduced in Lakewood Ohio aims to make the city the third in Ohio to provide a right to counsel for tenants facing eviction.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
February 21, 2023
HB59
Creating eviction defense fund to provide legal rep. to tenants in evictions who have at least one child and meet income guidelines
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
April 24, 2024
SB245
Creating eviction defense fund to provide legal rep. to tenants in evictions who have at least one child and meet income guidelines
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Termination of Parental Rights (Private) - Birth Parents

Litigation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
December 22, 2020
Supreme Court of Ohio recognizes right to counsel in adoption cases
The Supreme Court of Ohio ruled that indigent parents in adoption cases have a right to counsel under the Equal Protection Clause.
Read More
Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC assisted with the strategic planning and briefing.

Doesn't Affect

Termination of Parental Rights (State) - Birth Parents

Litigation

January 4, 2018
Supreme Court of Ohio strengthens parental right to counsel
A new decision from the Supreme Court of Ohio creates a stronger standard for waiver of a parent's right to counsel in the termination context.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC gave some research and strategic assistance to the petitioner.

March 25, 2023
OH Court of Appeals strengthens parents’ right to counsel in termination of parental rights matters
An Ohio appellate court held that trial courts cannot permit parents' attorneys to withdraw in TPR matters without a thorough waiver analysis.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

Debtor’s Prison / Financial

Domestic Violence

Education

Family Law

Health

Housing

Qualified

Other subject area