Rule 3 - Designation of Counsel; Application for Leave to Withdraw as Counsel(A) Designation of Counsel. Every notice of appeal, pleading, motion, and brief filed shall have typed or printed on it the name, address, and telephone number of the filing counsel (or the party, if not represented by counsel). The attorney registration number shall follow the name of filing counsel on all documents filed with this Court. Notice or motions to appear as co-counsel with the counsel of record shall be made by the counsel of record.
(B) Appointment of Counsel. Except in appeals pursuant to App.R. 5, a request for appointment of counsel shall be made in the first instance in the trial court. A motion to appoint counsel that is filed in the court of appeals must be accompanied by proof that the trial court denied a request for appointment of counsel.(C) Selection of Counsel. The Court shall maintain a list of pre-qualified attorneys who have notified the Court of their interest in serving as appointed counsel in criminal cases. Counsel shall be selected in a continual rotation from a list maintained by the Court, except that the Court may consider the experience and expertise of counsel and counsel's management of his/her current appellate caseload. Whenever possible, the Court shall appoint counsel practicing in the county in which the case is filed. The Court shall keep a record of all counsel appointments made in a given calendar year and shall annually review that record to ensure that appointments are equitably distributed among counsel on the appointment list.
(D) Attorney's Fees.(1) Application. Application by appointed counsel in criminal cases for attorney's fees on appeal shall be completed on the most recent forms prescribed by the Ohio Public Defender. Incomplete applications, applications submitted without the proper financial disclosure form, or applications submitted on the wrong forms shall be returned to counsel and could result in reduction or non-payment of fees. Untimely applications may also result in reduction or non-payment of fees.(2) Limitations on Compensation. Payments for services will not exceed the schedule of fees established by each county pursuant to law, unless counsel also files a motion for extraordinary fees with reasons supporting the request, accompanied by a proposed judgment entry suitable for use if the motion is granted.(3)Time for filing. All applications for payment of attorney's fees shall be filed after, but within 30 days of, the entry of the decision and journal entry or order that disposes of the appeal. Periodic billing for attorney's fees is not permitted. In cases where appointed counsel withdraws from representation, application for payment of attorneys shall be filed no later than 30 days after counsel withdraws.(E) Application for Leave to Withdraw as Counsel. Counsel who has entered an appearance with this court, whether appointed or retained, may not withdraw representation without leave of this court. Counsel seeking to withdraw shall file a written motion which shall:(1) Show good cause for the request.(2) Include notice that a party has 14 days from filing of the motion to withdraw to file any objection to the motion.(3) Be signed by the client, signed by the client's new counsel (if any), or contain a certification that the motion was served upon the client by certified or express mail and by regular mail.(4) Include the address of the client's new counsel, or if none, the name and address of the client.Adopted effective 9/11/1984; amended effective 8/30/1995; amended effective 5/1/1997; amended effective 7/1/1999; amended effective 1/1/2008; amended effective 1/1/2015; amended effective 1/1/2019; amended effective 11/1/2023.