LOCAL RULE 19.1

COURT APPOINTED COUNSEL

          In accordance with Ohio Administrative Code 120-1-10 and Rule 8 of the Rules of Superintendence, effective May 16, 2016, the Court adopted the following rules for court appointed counsel.  Each attorney will be required to complete a written application for inclusion, review, advancement in qualifications and removal from the appointed counsel list.  Each attorney who desires to be included on, advanced or removed from the Court Appointed Counsel list shall submit their application on or before the 30th of June of each year beginning in 2016.

1.    The Bailiff shall establish a list of all attorneys that have applied to be included and been approved to be Court Appointed Counsel.

2.    The Bailiff shall determine who is qualified to handle the case at bar and shall appoint the attorney’s name who appears at the top of the list.  Once that attorney is appointed a case, the attorney’s name shall be removed from the top of the list and placed at the bottom of the list. The Court wishes to ensure that the appointments are distributed as widely as possible among those qualified for such appointment. However the Court may in the interest of justice select an attorney who is not next on the list, if the Court determines that individual attorney’s skill, expertise and experience is particularly well suited for a given case or client.  The Court may deviate from the list based on the attorney’s management of the current caseload or the attorney's geographical location.

3.    The Bailiff shall maintain a record of all appointment of counsel, the qualifications of each counsel to accept cases based upon degree and severity of the charge and a record of each attorney’s refusal to accept an appointment.  If an attorney refuses to accept an appointment offered by the Court without justifiable cause, the attorney shall be treated as if said attorney did receive the appointment and shall be moved to the bottom of the list.  The Court finds that repeated refusals of appointment shall be cause for removal from the Court Appointed Counsel list.

4.    Qualifications to be appointed for each case shall be determined by Ohio Administrative Code 120-1-10.

5.    The Court reserves the right to remove any attorney placed on the Court Appointed Counsel list if the Court determines that the attorney can no longer effectively represent the clients.  

6.    The Court recognizes that there may be exceptional circumstances in a case where the attorney does not meet the requirements of Ohio Administrative Code 120-1-10. If the attorney must request an exemption for the exceptional circumstances and must submit to the Ohio public defender commission materials that demonstrate that high quality, competent representation will be provided. The request and all supporting materials must be submitted at least two weeks prior to a regularly scheduled quarterly meeting of the Ohio public defender commission. If the exemption is granted, the attorney may proceed as being qualified.

 

Adopted: May 16, 2016