Ohio R. Appt. Coun. Cap. Cases 5.02

As amended through October 29, 2024

Section 5.02 - Appointment of Trial Counsel

(A) Appointment

Except as provided in Appt.Coun.R. 5.04, a court shall appoint at least two attorneys to represent an indigent defendant in either of the following cases:

(1) The defendant has been charged with aggravated murder and the indictment includes one or more specifications of aggravating circumstances listed in R.C. 2929.04(A);

(2) The defendant is an indigent juvenile, has been charged with aggravated murder, and the indictment includes one or more specifications or aggravating circumstances listed in R.C. 2929.04(A), even though the defendant is under eighteen years of age cannot be sentenced to death.

(B) Trial lead designation

The court shall designate one of the attorneys appointed as counsel pursuant to division (A) of this rule as "trial lead counsel." To be designated as trial lead counsel, the attorney shall have been certified for appointment as such by the Commission on Appointment of Counsel in Capital Cases pursuant to Appt.Coun.R. 3.02.

(C) Trial co-counsel designation

The court shall designate one of the attorneys appointed as counsel pursuant to division (A) of this rule as "trial co-counsel." To be designated as trial co-counsel, the attorney shall have been certified for appointment as such by the commission pursuant to Appt.Coun.R. 3.03.

(D) Office in Ohio and criminal trial experience

At least one of the attorneys appointed as counsel pursuant to division (A) of this rule shall maintain a law office in Ohio and have experience in Ohio criminal trial practice.

Ohio R. Appt. Coun. Cap. Cases 5.02

Effective Date:2/1/2015