Ohio R. Appt. Coun. Cap. Cases 5.10

As amended through March 13, 2024
Section 5.10 - Provision of Support Services
(A) Requirement

As required by the federal and state constitutions and statutes and professional standards, a court shall provide attorneys appointed as counsel for indigent defendants in capital cases pursuant to Appt.Coun.R. 5.02 and 5.03 with an investigator, mitigation specialists, mental health professional, and other forensic experts and support services reasonably necessary or appropriate for the attorneys to prepare for and present an adequate defense at every stage of the proceedings. This shall include, but is not limited to, determinations relevant to competency to stand trial, a not guilty by reason of insanity plea, cross-examination of expert witnesses called by the prosecution, disposition following conviction, and preparation for and presentation of mitigating evidence in the sentencing phase of the trial.

(B) Responsibilities of counsel

The attorney designated as trial lead counsel pursuant to Appt.Coun.R. 3.02 shall bear overall responsibility for the performance of the defense team and shall allocate, direct, and supervise the work of the defense team in accordance with the Rules for Appointment of Counsel in Capital Cases and professional standards. In addition, all counsel bear a responsibility to comply with the Rules for Appointment of Counsel in Capital Cases and professional standards.

Ohio R. Appt. Coun. Cap. Cases 5.10

Effective Date:2/1/2015