Ohio Loc. App. R. 3.4

As amended through July 25, 2024
Rule 3.4 - Appointment of Counsel by the Court
A. Appointed Counsel List:
1. The Court will maintain a list of attorneys qualified for appointment in indigency cases.
2. Prior to being included on the appointment list or to being appointed counsel in a case, the attorney must submit an application for inclusion on the appointed attorney list. The application is available on this Court's website. Each attorney is responsible for keeping this Court fully informed regarding the attorney's qualifications or changes in qualifications to be appointed.
3. Qualified attorneys will be selected on a rotating basis for appointment to cases for which they are qualified to be appointed. An attorney will be paired to a case based on the attorney's qualifications and experience regarding the seriousness and complexity of the case. The Court reserves discretion in appointments based on experience and qualifications.
4. An attorney may be removed from the appointment list or from a pending appointed matter. Cause for removal may include, but is not limited to: failure to meet appointment qualifications; violation of court rules; failure to meet filing deadlines; refusal to accept cases after notice of appointment; repeated requests to withdraw from a case after the appointment has been accepted; and repeated failure to follow the established procedures for payment of fees and reimbursements for costs.
a. Counsel may request removal from the appointment list at any time by notifying this Court in writing. Removal from the list does not affect appointments that have already been made by the Court.
b. Counsel who has been removed from the appointment list by the Court may reapply after one (1) year.
c. If counsel contests this Court's decision to remove counsel's name from the appointment list, counsel may request a hearing by a random three-judge panel to review the decision.
B. Motions for Approval of Appointed Counsel Fees and Expenses shall be submitted by ordinary mail directly to this Court on forms approved by the Court. Forms are available on this Court's website.
1. Counsel must submit a completed Financial Disclosure Statement along with this Court's "Motion, Entry and Certification" form in order to be reimbursed.
2. Appointed counsel must submit an "Itemized Fee Statement" and an "Itemized Description of Services" as part of the reimbursement packet. The forms are part of the "Motion, Entry and Certification" documents on the Court website. Reimbursement may be delayed or denied if the proper forms are not included.
a. The "Itemized Description of Services" must be typewritten.
b. Counsel may create and submit an itemized description of services based on counsel's own timekeeping or billing software if the document is substantially similar to the "Itemized Description of Services" found on our website.
3. A copy of the entry appointing counsel must be attached to the fee application packet.
4. Counsel must submit the completed counsel fee application packet within thirty (30) days of the resolution or termination of the case. Applications for fees filed late may have fees reduced by the Court, by the auditor of county from which fees are being paid, or by any other reimbursing authority.
5. Counsel must take the necessary steps with the auditor of the county in which a case originates to become a vendor of the county in order to receive payment.
6. If the fee requested exceeds the maximum that has been set pursuant to R.C. 2941.51 by the Board of Commissioners of the county in which the appeal was taken, counsel shall also submit a separate motion for extraordinary fees justifying the request for fees in excess of the county maximum. Counsel must explain the exceptional circumstances involved in the case which warrant the payment of an extraordinary fee.

Ohio. Loc. App. R. 3.4

Amended eff. 9/30/2022.