Ohio R. Appt. Coun. Cap. Cases 6.03

As amended through October 29, 2024
Section 6.03 - Decision on Complaint
(A) Decision

After an investigation of an attorney conducted pursuant to Appt.Coun.R. 6.02 and an opportunity for the attorney to respond to the factual allegations, the members of the Commission on Appointment of Counsel in Capital Cases, excluding the commission investigator and chairperson, shall meet and vote to determine whether a violation of the Rules for Appointment of Counsel in Capital Cases has occurred and whether the violation requires removal of the attorney from the list of attorneys certified for appointment as counsel for indigent defendants in capital cases pursuant to Appt.Coun.R. 3.01 through 3.05. If there is no apparent merit to the allegation, the complainant shall be advised and the matter shall be closed.

(B) Notice of decision

Before taking action making an attorney ineligible to receive additional appointments as counsel for indigent defendants in capital cases pursuant to Appt.Coun.R. 3.01 through 3.05, the commission shall provide the attorney written notice that such action is being contemplated and give the attorney an opportunity to respond.

(C) Appeal of decision

If an attorney is deemed ineligible to remain on the list of attorneys certified for appointment as counsel for indigent defendants in capital cases pursuant to Appt.Coun.R. 3.01 through 3.05, the attorney may appeal the decision of the commission to the commission chairperson. Upon appeal, the chairperson shall review all applicable allegations, findings, and responses; determine whether a violation has occurred and whether appropriate action was taken; and issue a decision. The decision of the chairperson is final.

Ohio R. Appt. Coun. Cap. Cases 6.03

Effective Date:2/1/2015