Appointed Counsel

APPOINTED COUNSEL

Appointed counsel are private attorneys who are appointed by the court to represent an indigent defendant when there is a conflict with the Public Defender’s Office. Appointed counsel can only represent clients with criminal or traffic cases that could result in jail time. Attorneys must meet certain requirements as set forth in the Ohio Administrative Code, Rule 120-1-10, in order to serve as appointed counsel.

To serve as appointed counsel, attorneys must meet the following qualifications:

Qualifications for Non-OVI Cases			Qualifications for OVI Cases
At least one (1) year of experience as an attorney; OR			At least one (1) year of experience as an attorney; AND
Within two (2) years prior to appointment, completed a minimum of six (6) hours of continuing legal education, certified by the Ohio Supreme Court Commission on Continuing Legal Education, in criminal practice and procedure; or			Within two (2) years prior to appointment, completed a minimum of six (6) hours of continuing legal education, certified by the Ohio Supreme Court Commission on Continuing Legal Education, focusing on OVI practice and procedure
Completion of a clinical education program focusing on criminal defense

Please review the Appointed Counsel Instruction Letter here

Appointed counsel applications must include the following documents:

Court Appointed Counsel Qualification Form
Certificate of Professional Liability Insurance (the policy must show the policy number and the coverage amount)
Ohio Supreme Court Certificate of Good Standing (with disciplinary information)
City of Toledo Vendor Registration Form (if applicable)
Lucas County Vendor Registration Form (if applicable)
W-9 Form
OPERS Non-Member Acknowledgment Form

Links to the above forms can be found under "Forms" at the end of this section

Appointed counsel MUST maintain professional liability (malpractice) insurance in an amount equal to the minimum coverage required by the Ohio Rules of Professional Conduct

Completed applications for appointed counsel should be delivered to the Court Administrator's Office (2nd floor of the courthouse) or mailed to:

Toledo Municipal Court
Attn: Court Administrator's Office
555 N. Erie Street
Toledo, Ohio 43604

If the appointed counsel application is approved, you will be notified that your name has been added to the master list of appointed counsel. Appointed counsel is assigned to cases by individual courtrooms.

PLEASE REVIEW

Instructions for Completing the Motion, Entry, and Certification for Appointed Counsel Fees Form:

The Motion, Entry, Certification for Appointed Counsel Fees Form must be submitted to the Toledo Municipal Court Services Department no later than 30 days after the disposition of the case;
The caption on the form should read "In the Toledo Municipal Court of Lucas County, Ohio;"
The judge who was assigned to the case must be listed on the front of the motion;
The calculations must be correct (in-court and out-of-court hours and the total amount due);
Do not include dates of service prior to the appointment being made or include dates after the disposition of the case. Please make sure your dates of service include the year;
The Financial Disclosure form must be attached to the Motion, Entry, and Certification for Appointed Counsel Fees Form;
If the Financial Disclosure Form is not signed by the defendant in Section IX, the attorney MUST state the reason in Section X why the defendant was unable to sign the form before the judge will sign the judge's certification;
Motions for fees in excess of the individual case type cap must check the Extraordinary Fees box and include a copy of the journal entry;
For more information on how to complete the Motion, Entry, and Certification for Appointed Counsel Fees Form and Financial Disclosure Form, please contact the Office of the Ohio Public Defender.

Submitting Motions for Fees

Appointed counsel is paid at the rate of $75 per hour (for both in-court and out-of-court fees) as set by the Lucas County Board of County Commissioners.

Completed Motion, Entry, and Certification for Appointed Counsel Fees Forms must be submitted to the Court Services Department located on the 2nd floor of the courthouse.

Motion, Entry, and Certification for Appointed Counsel Fees Forms must be submitted no later than 30 days after the disposition of the case. Motions submitted past the 30 days may not be paid.

If a motion for fees is incomplete and needs correction, notification will be made to the attorney via email to report to the Court Services Department to make the necessary correction(s).

Correctly completed motions will be submitted to the Lucas County Auditor for payment. The Auditor, not the Court, is responsible for payment.

Motions that exceed the maximum fees set by the Board of County Commissioners must include a motion for extraordinary fees and judgment entry.

Recertification

Attorneys must complete and submit the Counsel Qualifications Form annually to be recertified to serve as appointed counsel in Toledo Municipal Court. Appointed counsel will be notified by the Court when it's time to renew the appointed counsel certification.

To recertify, click here

Reimbursement Guidelines and Standards

Ohio Public Defender's Office Standards and Guidelines for Appointed Counsel Reimbursement

Forms

Motion, Entry, and Certification for Appointed Counsel Fees Form (OPD-1026R)
Financial Disclosure Form (OPD-206R)
Clerk's/Auditor's Transcript Fee for an Indigent Defendant (OPD-E-205)
Attorney Time Log (OPD-1028)
Request for Court-Paid Expert Expenses (OPD-209)
Court Appointed Counsel Qualification Form
Vendor Registration Form (City of Toledo)
Vendor Registration Information (Lucas County)
W-9 Form
OPERS Non-Member Acknowledgment Form

Authority

Toledo Municipal Court provides appointed counsel services for indigent defendants pursuant to the following:

Toledo Municipal Court Local Rule 5-Attorneys
ORC Chapter 120 and Section 2941.51
ORC Section 120.04
Ohio Administrative Code, Chapter 120-1

Please contact the Court Services Department with any questions regarding appointed counsel.