A. The Cuyahoga County Public Defender’s Office, pursuant to the terms of its contract, shall represent all indigent persons entitled to court-appointed counsel in Cleveland Municipal Court, charged under the Revised Code or the Cleveland Codified Ordinances, unless a conflict of interest exists.  

B. The Public Defender’s representation shall extend to misdemeanor arraignments and felony preliminary hearings, the entirety of all proceedings on the individual dockets of all Cleveland Municipal Court Judges (including both pending cases and community control violation hearings), the Cleveland Metroparks docket, the Cleveland Animal Protective League docket, and all specialized dockets.  The Cuyahoga County Public Defender may also, at its discretion, handle appeals taken from the Cleveland Municipal Court.  

C. If a conflict exists, that prevents the Public Defender from representing an indigent person, the Public Defender must advise the Court on the record. In this instance, the Court shall assign court-appointed counsel as provided below. 

A. Upon arraignment or subsequent thereto, where it appears to the Court that a person is without counsel and desires to have the Court assign counsel, the Court, before doing so, may require from the person receipt of a duly-executed Application Certification on a Financial Disclosure Form provided by the Court regarding his or her general background and financial status.

B. Unless a defendant on probation or community control sanctions knowingly and intelligently, orally on the record and in writing, waives his right of counsel at a probation violation hearing, the defendant shall be entitled to counsel at such hearing retained or assigned. Assigned counsel shall be compensated in accordance with the fee schedule for probation and community control sanctions.

C. When a conflict of interest exists in the Public Defender’s Office, and the Public Defender’s Office advises the Court of the conflict and subsequent recusal on the record, the Court shall appoint a private attorney from its Assigned Counsel List.

A. Assigned Counsel List:  The Assigned Counsel List shall consist of attorneys who are licensed and in good standing with the Ohio Supreme Court, who have the requisite training and experience outlined in Ohio Administrative Code Section 120-1-10, and who presented the necessary qualifications to handle general Misdemeanors and/or Misdemeanor OVIs.

B. Qualifications for Inclusion on the Assigned Counsel List:
1. Misdemeanors (except OVIs).  Attorneys must demonstrate one of the following:
a. Within two years prior to the appointment, completed a minimum of six hours of continuing legal education, certified by the Ohio Supreme Court Commission on Continuing Legal Education, in criminal practice and procedure; or
b. Successfully completed a clinical education program focusing on criminal defense; or,
c. At least one year of experience as an attorney.

2. Misdemeanor OVI cases.  In addition to the basic misdemeanor requirements above, within two years prior to the appointment, attorneys appointed to represent indigent clients in misdemeanor OVI cases must have completed 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.

C. Application for Inclusion on the Assigned Counsel List:  Attorneys who wish to be included on the Assigned Counsel List shall complete the Application to Serve as Assigned Counsel, found on the Court website, and provide documentation of the requisite qualifications every two
(2) years to the Court. Documentation of the requisite qualifications includes the following: 
1. If a first-time applicant, an IRS W9 Request for Taxpayer Identification Number and Certification; 
2. A copy of the attorney’s declaration of insurance coverage; 
3. A current copy of the attorney’s CLE compliance transcript

D. Removal from the Assigned Counsel List:  For good cause shown, the Court may remove the name of any attorney from the Cleveland Municipal Court Assigned Counsel List. Examples of reasons for removal include, but are not limited to: 
1. Failure to present documentation of qualifications; 
2. Persistent refusal to accept appointments (in the absence of good cause shown); 
3. Unprofessional behavior; and, 
4. Pending disciplinary action.  

Note: An attorney removed from the Cleveland Municipal Court Assigned Counsel List may reapply one calendar year after removal.

E. Assignment Process:  When it becomes necessary to assign private counsel, the Judge shall select an attorney from the Assigned Counsel List on a rotating basis.  The Court may exercise its discretion in making appointments from the list, in order to avoid conflicts of interest, conflicts with counsel’s schedule, conflicts with the Court’s schedule, and in instances where the gravity of the offense requires counsel with greater experience than the next attorney on the list.  Private court-appointments shall be distributed as equally as possible among qualified attorneys on the assignment list.  Attorneys already assigned to represent a particular client in a different case shall be considered by the Judge for assignment, regardless of where the attorney may stand in rotation on the list.

F. Compensation:  Assigned counsel shall receive compensation for professional services and shall be reimbursed for expenses in accordance with O.R.C.2941.51. In all cases upon completion of the service, it shall be the duty of such assigned counsel to submit a completed affidavit and fee bill for assigned counsel fees. The trial judge, after due consideration, shall determine the amount of compensation within the statutory limit in accordance with the following schedule:

Type Minimum Compensation Maximum Compensation

Misdemeanor OVI/BAC $2,250
Misdemeanors (Degrees 1-4) $1,800
Preliminary Hearings $270
Hourly Rates In and Out of Court $75 

Revised 2/6/2024