Rule 23 - Counsel; Admission Pro Hac Vice(A)Appearance of Counsel. An attorney representing a party on appeal, but who was not listed on the docketing statement, must file a notice of appearance with the court of appeals.(B)Appointment of Counsel. Except in appeals pursuant to App.R. 5(A), a request for appointment of counsel shall be filed in the first instance with the trial court. A party that files a motion to appoint counsel with the court of appeals must attach proof showing that the trial court denied a similar request along with a Financial Disclosure/Affidavit of Indigency. The court shall maintain a list of pre-qualified attorneys who have notified the court of their interest in serving as appointed counsel. Counsel shall be selected in a continual rotation from a list maintained by the court, except that the court may consider the experience, expertise, and location of counsel and counsel's management of his or her current appellate caseload.
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.
(C)Withdrawal of Counsel. Counsel who has entered an appearance with this court, whether appointed or retained, may not withdraw representation without leave of court. Counsel seeking to withdraw shall file a motion showing good cause for the request. In addition, counsel shall submit proof of service of the motion upon the client and the name and address of any substitute counsel, or if none, the name and address of the client. (D)Attorney Fees. When seeking payment for work provided in an appeal, counsel shall file the motion with the court of appeals, not the trial court, no matter which court made the appointment. Motions for approval of appointed counsel fees and expenses must be submitted on the form prescribed by the Office of the Ohio Public Defender, which is available on its website, to the court's administrative office. Counsel shall attach a copy of the entry appointing counsel and a copy of the Financial Disclosure/Affidavit of Indigency to the completed form. Incomplete applications, applications submitted without the necessary attachments, or applications submitted on the wrong forms will be returned to counsel. The rate of compensation for work performed by appointed counsel is set by the individual counties. If the fee exceeds the maximum allowed by the county from which the appeal was taken, counsel must submit a separate motion for extraordinary fees justifying the request. All motions for appointed counsel fees and expenses shall be filed no earlier than the date this court enters final judgment and no later than thirty (30) days thereafter. Any motions received after thirty (30) days of the final judgment will not be approved except with prior leave of court for good cause shown. The Office of 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 may result in the reduction or nonpayment of fees.(E) The court may permit any attorney who is admitted to practice in the highest court of a state, commonwealth, territory, or possession of the United States or the District of Columbia, or who is admitted to practice in the courts of a foreign state, to appear pro hac vice and file pleadings, memoranda, briefs, or other documents or participate in oral arguments before the court. Admission pro hac vice will be allowed only on motion of an attorney who has complied with the requirements of Gov. Bar R. XII. The motion shall briefly and succinctly state the qualifications of the attorney seeking admission and include a copy of the certificate of registration furnished by the Supreme Court of Attorney Services as required by Gov. Bar. XII(2)(A)(6). It shall be filed with the first pleading or brief in which the attorney seeks to participate or at least thirty (30) days before oral argument if the attorney seeks only to participate in oral argument. This court may withdraw admission pro hac vice at any time.
As amended through 6/1/2021; as amended effective 3/2/2022.