NCJ Number
143731
Date Published
1993
Length
41 pages
Annotation
This report is an update since July 1990 on the operation of Rule 65 (adopted by the Ohio Supreme Court October 1, 1987), which imposes specific experiential requirements on attorneys seeking appointments in capital cases, and on the operation of the committee on the Appointment of Counsel for Indigent Defendants in Capital Cases.
Abstract
Following the presentation of the history of Rule 65, the report presents the revised qualifications of counsel under Rule 65. A statement of other provisions of Rule 65 is followed by a profile of the Committee on the Appointment of Counsel for Indigent Defendants in Capital Cases. The duties and operations of the Committee are then detailed. The report concludes that although the Ohio Supreme Court took a bold step in enacting Rule 65, which has significantly improved the quality of representation for defendants in capital cases, there is more to be done to guarantee that a high quality of representation is provided in every prosecution. The fees that are paid to appointed counsel in death penalty cases are still too low to attract all of the best defense attorneys from around the State. Often the fees are so low that attorneys cannot afford to provide representation. The amount of funding for expert witnesses and investigation also varies from county to county and case to case. This is particularly exacerbated by the budget situation faced by many counties. Extensive appendixes with supplementary information