Ohio R. Appt. Coun. Cap. Cases 3.02

As amended through October 29, 2024
Section 3.02 - Certification Requirement for Trial Lead Counsel
(A) Requirement

Prior to appointment as trial lead counsel for an indigent defendant in a capital case pursuant to Appt.Coun.R. 5.02, an attorney shall obtain certification from the Commission on Appointment of Counsel in Capital Cases.

(B) Qualifications

An applicant for certification under division (A) of this rule shall meet all of the following qualifications:

(1) Possess at least five years of criminal litigation experience in Ohio courts of common pleas or criminal appellate experience in Ohio courts of appeals or the Supreme Court;
(2) Possess either of the following qualifications:
(a) Experience as trial lead counsel in the trial of at least one capital case;
(b) Experience as trial co-counsel in the trial of at least two capital cases.
(3) Possess either of the following qualifications:
(a) Experience as trial lead counsel in the jury trial of at least one murder or aggravated murder case in the ten years prior to making application;
(b) Experience as trial lead counsel in three aggravated or first or second-degree felony jury trials in a court of common pleas in the five years prior to making application.
(4) Comply with the general certification requirements of Appt.Coun.R. 3.01;
(5) Comply with the training requirements of Appt.Coun.R. 4.01.

Ohio R. Appt. Coun. Cap. Cases 3.02

Effective Date:2/1/2015