Rule 3.09 – Court Appointment of Counsel

C. QUALIFICATIONS AND TRAINING:
1. In all felony cases, attorneys appointed to represent indigent clients must meet the
following training requirements:
a. Within two years prior to the appointment, completion of a minimum of twelve
hours of continuing legal education, certified by the Ohio Supreme Court
Commission on continuing legal education, in criminal practice and procedure.
b. Prior to the appointment to a felony OVI case, completion of a minimum of six hours
of continuing legal education, certified by the Ohio Supreme Court Commission on
continuing legal education, focused on OVI practice and procedure.
2. Where the defendant is charged with a felony of the fourth or fifth degree, counsel
must have:
a. At least one year of experience as an attorney practicing in the area of criminal law;
and
b. Prior experience as trial counsel or co-counsel in at least one criminal jury trial,
felony or misdemeanor.
3. Where the defendant is charged with a felony of the third degree, counsel must have:
a. At least one year of experience as an attorney practicing in the area of criminal law;
and
b. Within six years preceding the appointment, prior experience as lead trial counsel in
at least one criminal jury trial, or as co-counsel in at least two jury trials.
4. Where the defendant is charged with a felony of the first or second degree, counsel
must have:
a. At least three years of experience as an attorney practicing in the area of criminal
law; and
b. Within ten years preceding the appointment, prior experience as lead trial counsel in
two criminal jury trials, at least one of which involved felony charges, or as lead
counsel in one felony jury trial and as co-counsel in two additional jury trials.
5. Where the defendant is charged with any felony that carries a potential sentence of life
imprisonment, whether eligible or ineligible for parole, counsel must have:
a. At least five years of experience as an attorney practicing in the area of criminal law;
and within ten years preceding the appointment, prior jury trial experience as lead
counsel in five felony jury trials, at least three of which were felonies of the first or
second degree; or lead counsel in three jury trials, at least one of which was a felony
of the third degree, and
b. Co-counsel in an additional five jury trials, at least three of which were felonies of
the first or second degree.
6. Where the defendant is charged with aggravated murder with death penalty
specifications, or has been convicted and sentenced to death, any attorney appointed
for trial, appellate, post-conviction, or habeas corpus representation must meet the
qualifications set forth in the Ohio Supreme Court Rules of Superintendence and must
appear on the list of attorneys qualified to accept appointments in capital cases
promulgated by the Ohio Supreme Court Commission on Appointment of Counsel in
Capital Cases, or have a waiver of pre-qualification issued by the Commission. Counsel
must possess:
a. Lead Trial Counsel must have at least five years of criminal litigation experience; and
experience as lead counsel for the defense in the jury trial of at least one capital
case, or experience as co-counsel for the defense in the jury trial of at least two
capital cases; and within ten years preceding the appointment, experience as lead
counsel in the jury trial of at least one murder or aggravated murder case; or within
five years preceding the appointment, experience as lead counsel in three
aggravated or first or second degree felony jury trials.
b. Trial Co-Counsel must have at least three years of criminal litigation experience; and
within ten years preceding the appointment, experience as co-counsel in one
murder or aggravated murder jury trial; or within five years preceding the
appointment, experience as lead counsel in one first or second degree felony jury
trial; or within five years preceding the appointment, experience as lead or cocounsel
in at least two felony jury or civil jury trials.