# State Ex Rel. Felson v. McHenry

> Ohio Court of Appeals · September 28, 2001 · 146 Ohio App. 3d 542

URL: https://www.frixlaw.com/law-library/cases/3757016

## Case

- **Full name:** State of Ohio Ex Rel. Edward J. Felson, James Andrew Rader, and Dave R. West, Relators-Appellants v. Powell McHenry, John K. Issenman, Mary W. Sullivan, Richard B. Tranter, John S. Wirthlin, Hamilton County Public Defender Commission, Bob Bedinghaus, Tom Neyer, Jr., John S. Dowlin, and Hamilton County Board of Commissioners
- **Court:** Ohio Court of Appeals
- **Decided:** September 28, 2001
- **Citations:** 146 Ohio App. 3d 542; 767 N.E.2d 298
- **Precedential status:** Published
- **Opinion:** Concurrence by Painter
- **Judges:** Hildebrandt, Winkler, Painter
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3757016

## Opinion text

Painter, Judge,
concurring separately.
{¶ 11} Relators allege that the county commissioners are violating Ohio Adm.Code 120-1-15(A), which states: “In establishing a fee schedule to be paid appointed counsel in indigent cases eligible for reimbursement pursuant to section 120.33 of the Revised Code, the county commissioners and county bar association shall establish a schedule that is comparable to the fees paid to retained counsel in the same type of cases. No county will be entitled to reimbursement from the state public defender if it can be demonstrated that its fee schedule is inadequate for an appointed attorney to cover the costs of overhead while working on an appointed case and to generate a reasonable income for work performed.” Relators should be given the opportunity to prove their case. If their allegations are even in the ballpark, it should not be difficult.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3757016. Public record. Not legal advice.