Rule 41.2 - Counsel on appeal(A) Appearance of Counsel. Any attorney representing a party on appeal, but who was not listed on the docketing statement, must file a notice of appearance in the case with the clerk of the court of appeals. An attorney shall include the attorney's registration number issued by the Supreme Court of Ohio on all documents filed with the court.(B) Appointment of Counsel. Except in appeals pursuant to App.R. 5, a request for appointment of counsel shall be made in the first instance in the trial court. A motion to appoint counsel that is filed in the court of appeals must be accompanied by proof that the trial court denied a request for appointment of counsel.(C) Selection of Counsel. The court shall maintain a list of attorneys who have notified the court of their interest in serving as appointed counsel in criminal cases. Counsel shall be selected in a continual rotation from a list maintained by the court, except that the court may consider the experience and expertise of counsel and counsel's management of his/her current appellate caseload. Whenever possible, the court shall appoint counsel practicing in the county in which the case is filed. The court shall keep a record of all counsel appointments made in a given calendar year, and shall annually review that record to assure that appointments are equitably distributed among counsel on the appointment list.
(D) Withdrawal of Counsel. A motion to withdraw as counsel must be supported by a showing of good cause for withdrawal and be accompanied by proof of service of the motion upon the client. The motion shall also show the name and address of any substitute counsel and the name and address of the client. Appointed counsel must also demonstrate that counsel has moved the trial court to appoint new counsel for the appeal.(E) Attorney's Fees.(1) Application. Application by appointed counsel for attorney's fees on appeal shall be completed on the most recent forms prescribed by the Ohio Public Defender. (a) Appointed counsel must use the current version of the form issued by the Ohio Public Defender.(b) Appointed counsel must attach the current version of the financial disclosure/affidavit of indigency form. The form must either be signed by the represented party or the appointing judge. An entry appointing counsel cannot be filed instead of a financial disclosure form.(c) Incomplete applications, applications submitted without the proper financial disclosure/affidavit of indigency form, or applications submitted on the wrong forms shall be denied but may be resubmitted with the proper forms.(2)Limitations on Compensation. Payments for services will not exceed the schedule of fees established by each county pursuant to law unless counsel also files a motion for extraordinary fees with reasons supporting the request.(3)Time for Filing. All applications for payment of attorney's fees shall be filed with the clerk of the appellate court within 28 days of the entry of the decision and journal entry or order that disposes of the appeal.(4)Untimely or improper application. The Ohio Public Defender does not reimburse counties for fees paid pursuant to an untimely or improper application. Accordingly, the failure to timely file a proper application and financial disclosure/affidavit of indigency form may result in reduction or non-payment of fees.