Friday, February 20, 2009

Ohio Supreme Court indigent defense rules for capital cases

The Ohio Supreme Court earlier this week announced amendments to rules governing the appointment of counsel for indigent defendants in capital cases.

In Ohio only lawyers qualified & registered by the Supreme Court can be appointed to defend an indigent person in death penalty cases. Ohio is one of several states having guidelines for indigent defense; Rule of Superintendence 20, passed in 2003.

More information in general & on the ABA's position can be found on the American Bar Association's website @ http://www.abanet.org/legalservices/sclaid/defender/policy.html

In Ohio, there are 409 attorneys are currently registered. Hamilton County has 28 of them, ten of which are also Law Library members. Butler and Clermont Counties in Ohio have five each, and Warren County has one. Information about Ohio's program can be obtained @ http://www.sconet.state.oh.us/Atty-Svcs/Rule20/default.asp

The amendments split former Sup. R. 20 into separate specific rulers for purposes of clarification, give the Rule 20 Committee the ability to adopt best practices for representing indigent death penalty defendants, and mandate that continuing education for certified attorneys has to include the best practices adopted by the committee.

Comments will be entertained until March 17th. and should be submitted in writing to: Tammy White, Attorney Services Coordinator, Supreme Court of Ohio, 65 S. Front St., Fifth Floor, Columbus, Ohio 43215 or whitet@sconet.state.oh.us.


Rule 20 amendments

Current Rule’s reading
ORC 2929.04 (A) "Criteria for imposing death penalty/imprisonment for capital offenses"

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