Rule 3.4 - Appeals - Appointed Counsel(A) Request for appointmentA party may request appointed counsel, in a criminal case, by filing a motion with the Court. An affidavit of indigency or proof that the party had appointed counsel below must be attached to such motion.
(B) Selection of counsel(1) The Court will maintain a list of qualified attorneys who have notified the Court of their interest in serving as appointed counsel in criminal cases. The Court, in its discretion, may also solicit applications to serve as appointed counsel, from qualified attorneys.(2) In selecting counsel, the Court may consider the experience and expertise of counsel and counsel's management of his/her current caseload.(3) The Court will keep a record of all counsel appointments made in a given calendar year and shall review the record periodically to assure that appointments are equitably distributed among counsel on the appointment list.(C) Appointed counsel fees(1)Application.(a) Application for payment of attorney's fees shall be filed with the clerk of the Court of Appeals.(b) Applications by appointed counsel in criminal cases for attorney's fees on appeal shall be completed on the most recent forms prescribed by the Hamilton County Public Defender, including the application for fees and a financial disclosure/affidavit of indigency form. However, if an affidavit of indigency has previously been submitted, an affidavit of indigency form is not required to be included in the application for fees and should be noted on the application.(c) Incomplete applications, applications submitted without the proper financial disclosure/affidavit of indigency form, or applications submitted on the wrong forms will be denied but may be resubmitted on the proper forms.(2)Rate of compensation. The rate of compensation shall not exceed the schedule of fees established by the Hamilton County Board of Commissioners. However, the Court, at its discretion, may approve additional compensation if counsel also files a motion for extraordinary fees with reasons supporting the request.(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.(4)Periodic billing. Appointed counsel are not permitted to use periodic billing for attorney's fees.(5)Penalties. The Ohio Public Defender does not reimburse counties for fees paid pursuant to an untimely or improper application. Accordingly, the failure to timely file a proper application and financial disclosure/affidavit of indigency form may result in reduction or non-payment of fees.(6)Registration with Hamilton County Public Defender. Upon receiving their first selection as appointed counsel, attorneys should register as a vendor with the Hamilton County Public Defender. Attorneys serving as appointed counsel are also responsible to notify the Hamilton County Public Defender of any changes to their contact information. Failure to register or update attorney contact information will delay payment of attorney's fees.Amended eff. 1/1/2022; amended eff. 2/1/2024.