ELYRIA, Ohio — Lorain County is considering a major change to its criminal justice system. A group is currently weighing how to provide legal representation to residents who can’t afford an attorney.
A Lorain County Public Defender Study Commission is examining whether to transition from the current court-appointed counsel system to a public defender’s office. What began as a financial conversation has since evolved into a broader debate over the quality of legal representation.
Now, the group is hoping to hear from the public.
Public Defender Study Commission chairperson Mark Ballard said the stakes are clear.
"Your freedom shouldn't depend on whether you can afford it or not," Ballard said.
A member of the Lorain City Schools Board of Education, Ballard said he’s already heard concerns from defendants who feel like they’re not getting adequate access to their court-appointed counsel.
"The first time they're meeting their lawyers, so they say, is outside these doors right here as they're going in for the very first time," Ballard said.
Aden Fogel, a Sheffield Lake City Council member who is also serving on the study commission, has been open about his previous criminal convictions. He said he was frustrated by his own experience with court-appointed counsel.
"[My attorney] wouldn't respond to any letters, any phone calls, nothing. I met with him for two minutes before I was going to get re-sentenced," Fogel said. “It was just horrible. I fired him.”
Fogel believes the current system needs reform and more oversight.
"Whether we go with a public defender's office or not, we have to do something to fix the current system because it's broken," he said.
Study commission member and Lorain County attorney Zach Simonoff previously served as court-appointed counsel himself. He acknowledged the position carries a stigma, but pointed to case outcomes as evidence the system works.
"Everybody hates us until they need us," Simonoff said. "I say go look at the win rate for jury trials. It's well over 50% this year.”
Simonoff also added many of the attorneys working in court-appointed positions bring decades of experience in criminal defense that staff at many public defender’s offices don’t have.
The study commission was established after county commissioner Dave Moore raised concerns over the cost of the current system. He estimated court-appointed counsel, which is billed by the hour and partially reimbursed, was costing $4 to $5 million annually.
Moore suggested the county could save around $800,000 by switching, but Simonoff said that figure does not account for expenses like full-time support staff and insurance.
"If you're going to implement a public defender's office to save money, you're not going to save money. You're going to pay more," Simonoff said.
Ballard said the commission is weighing both the financial and human impacts of the decision.
"Cost is a factor, so we have to make sure we understand that. But representation is a factor," Ballard said.
The study commission has been distributing surveys to people who have used court-appointed counsel and is hosting a public listening session Thursday to gather additional input.
The group plans to report its findings and recommendations back to the county.
Fogel said he is hopeful the process leads to meaningful reform.
"I think this is a great opportunity to try to make some good, positive changes," he said.
The public listening session will take place at 6:30 p.m. in Meeting Room B on the fourth floor of the Lorain County Administration Building. Doors open at 5:30 p.m.
You can find the survey at this link.
Catherine Ross is the Lorain County reporter at News 5 Cleveland. Follow her on X @CatherineRossTV, on Facebook CatherineRossTV or email her at Catherine.Ross@wews.com.
