Rule 46 - Appointed Counsel(A)Motions. Motions for appointment of counsel for an indigent party and for the transcript at state's expense should be filed, whenever possible, as a single motion. A copy of the Affidavit of Indigency shall be filed with the notice of appeal.(B)Selection Of Counsel. The court shall maintain a list of qualified attorneys who have notified the court of their interest in serving as appointed counsel in criminal, juvenile, and termination of parental rights cases. In selecting attorneys, the court shall consider the experience and expertise of counsel, the nature of the case, and the frequency of appointment. The court shall keep a record of all counsel appointments made in a given calendar year and shall assure that appointments are equitably distributed among counsel on the appointment list.
(C)Application For Fees. Applications for fees on appeal in criminal, juvenile, and termination of parental rights cases in which counsel has been appointed for an indigent must be completed on the form prescribed by the Ohio Public Defender Commission. Counsel shall attach to the application a financial disclosure form and a copy of the judgment entry appointing counsel to the appeal. The application and financial disclosure forms can be found on the court and Ohio Public Defender's websites. Applications for payment of attorney's fees shall be filed with the clerk of the appellate court no earlier than the date the decision is journalized and no later than 30 days after the decision is journalized. The Ohio Public Defender does not reimburse counties for fees paid pursuant to an untimely or improperly completed application. Accordingly, the failure to timely file a properly completed application may result in reduction or non-payment of fees unless a motion showing good cause for the late application is filed.
(D) Appointed Counsel Fees. Reimbursement for appointed counsel fees shall not exceed the schedule of fees established by Cuyahoga County Council pursuant to R.C. 2941.51, unless appointed counsel also files a motion for extraordinary fees with reasons supporting the request. (The Schedule of Fees is posted on the court's website and set forth in Appendix B.)Adopted eff. 2/1/1999; amended eff. 2/1/2014, per Cuyahoga County Council Resolution No. R2014-0005; amended eff. 12/28/2020; amended eff. 7/1/2022.