The Ohio public defender, pursuant to sections 120.34 and 120.35 of the Revised Code, shall review each request for reimbursement to a county in an indigent capital case at the trial, appellate, and/or post-conviction levels, to ensure that each of the following criteria governing the appointment of counsel as prescribed in the Ohio public defender standards and guidelines for reimbursement are met:
(A) Lead counsel and co-counsel shall be appointed from the lists maintained by the Ohio supreme court, pursuant to Rule 20 of the Rules of Superintendence or have obtained a waiver of qualification issued by the Rule 20 committee. Such Rule 20 waiver of qualification shall accompany the reimbursement request.
(B) All other provisions of Rule 20 shall be followed by the appointing court, board of county commissioners, and by attorneys appointed in the case for which reimbursement is sought.
(C) If the criteria in this rule are not met, the Ohio public defender commission shall deny reimbursement to the county for all of the defender costs associated with that indigent capital case.
R.C. 119.032 review dates: 07/21/2009 and 10/08/2014
Promulgated Under: 111.15
Statutory Authority: 120.03(B)
Rule Amplifies: 120.03(B), 120.18(A), 120.28(A), 120.33(A), 120.34, 120.35, 2941.51
Prior Effective Dates: 10/6/88, 1/1/00