In the Fifth District Court of Appeals, the trial courts generally appoint counsel for appeals. Loc.R.3(B). Per this Court’s Local Rules, a motion to appoint counsel must be made in the first instance in the trial court. When a motion to appoint counsel is filed in the Fifth District Court of Appeals, it must be accompanied by proof that the trial court denied a request for appointment of counsel. Loc.R.3(B).
Occasionally, this Court appoints counsel, under special circumstances. As a result, the Court maintains a list of attorneys who have expressed a willingness to be appointed as counsel on appeal.
If you are a licensed Ohio attorney and you would like to be included on the list of attorneys who are available to be appointed to represent indigent persons on appeal, please download the Appointed Counsel Application, complete the fillable-PDF, sign it and e-mail/mail it to the Court of Appeals. The directions for submitting the application to the Court of Appeals can be found on the bottom of the form.
One of the questions on the application asks whether your information can be shared with the trial courts in the counties from which you said you would accept appeals. Some trial courts have contacted the Court of Appeals to ask for names of attorneys who have said they will handle appeals, so you are asked to confirm that you would agree to this or you can choose not to; the choice is up to you.
Once you have been added to the appointment list, please keep your information up to date. To update your information, please send a revised written request. Likewise, please notify the Court if you would like to have your name removed from the list.