As amended through June 11, 2024
Rule 12.12 - APPOINTMENT OF COUNSEL IN DEATH SENTENCE CASES(1) On receipt of notice of a conviction of aggravated murder and sentence of death as provided in ORAP 12.10, the Administrator shall send a letter to the defendant acknowledging receipt of the notice of conviction and sentence of death, and notifying the defendant of the court's automatic and direct review of the conviction and sentence. The letter shall inform the defendant of the right to be represented by counsel and the procedure for notifying the court if the defendant has retained counsel or for requesting court-appointed counsel. The letter shall be copied to the defendant's trial attorney, the Solicitor General of the Department of Justice, the Office of Public Defense Services, and the transcript coordinator.(2) If the defendant or the defendant's attorney gives notice to the Administrator that the defendant is represented by retained counsel on appeal, the retained attorney shall be shown as the attorney of record.(3) If the defendant requests appointment of counsel and establishes eligibility for appointed counsel, the court shall appoint the Office of Public Defense Services. If the defendant does not respond within 28 days to the letter informing the defendant of the right to be represented by counsel and it appears from the record that the defendant is indigent, the court shall appoint the Office of Public Defense Services.(4)(a) Should defendant object at any time to particular court-appointed counsel, a motion for substitution of counsel or appointment of legal advisor shall be made in accordance with ORAP 8.12. (b) If the court allows the motion for substitution of court-appointed counsel or appointment of legal advisor, the court shall notify the Office of Public Defense Services.