Morrow County
Municipal Court

Judge Jenifer Murphy Burnaugh

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AMENDMENT TO THE LOCAL RULES OF
THE MORROW COUNTY MUNICIPAL COURT
Published April 2, 2018

In accordance with Rule 5 of the Rules of Superintendence for the Courts of Ohio, notice is hereby given of amended Local Rule I. H. (Court Appointed Counsel) of the Local Rules of the Morrow County Municipal Court. The amendment, in red below, is effective June 2, 2018.

Comments regarding the rule amendment will be accepted through May 2, 2018. Comments should be directed to Morrow County Municipal Court, 48 East High Street, Room A, Mt. Gilead, Ohio 43338 or info@morrowcountymunict.org.

  1. Court Appointed Counsel
    1. Attorneys who wish to be appointed by the Court to represent indigent persons in criminal or traffic cases must submit a written application to the Clerk, on the form provided in Appendix C. [NOTE: This form has been modified]. Upon submitting an application, an applicant interview will be scheduled with the Court. Upon submitting an application, an applicant interview will be scheduled with the Court. If the applicant appears qualified and is approved, the applicant shall be added to the court appointed counsel list maintained by the Clerk.
    2. Before counsel is appointed, each defendant must file an Affidavit of Indigency or Financial Disclosure form. In addition, each applicant shall be assessed a non-refundable fee of $25.00 due upon submission of the Affidavit of Indigency/Financial Disclosure form.
    3. When it appears to the Court that a defendant in a traffic or criminal case is indigent and if the offense(s) with which the defendant is charged include(s) the possibility of incarceration, the Court shall utilize and appoint an attorney from the approved appointed counsel list.
      1. Court appointed counsel shall be selected by the Court from a rotating list, arranged geographically, of all attorneys who have been interviewed and approved by the Court. The Court will appoint from the list in the following order:
        1. Attorney requested by the defendant and/or currently representing the defendant in a matter pending in this court or another court;
        2. The next attorney on the list geographically closest to the defendant; and
        3. The next attorney on the list.
      2. The Court must also follow those factors set forth in Rule 8 of the Rules of Superintendence for Court which include:
        1. The anticipated complexity of the case;
        2. Any educational, mental health, language, or other challenges facing the party for whom the appointment is made;
        3. The relevant experience of those persons available to accept the appointment, including proficiency in a foreign language, familiarity with mental health issues, and scientific or other evidence issues;
        4. The avoidance of conflicts of interest or other situations that may potentially delay timely completion of the case; and
        5. Intangible factors, including the Court’s view of the potential appointee’s commitment to providing timely, cost-effective, quality representation to each prospective client.
      3. If an attorney appointed by the Court to represent an indigent defendant receives information clearly establishing that the defendant has perpetrated a fraud upon the Court by misrepresenting to the Court that he or she lacks sufficient income or other means to employ counsel, the attorney shall promptly call upon the defendant to rectify the fraud and, if the defendant fails or refuses to do so, the attorney shall reveal the fraud to the Court. If the Court cancels the appointment, the defendant shall be advised by the Court that he or she is free to employ counsel of his or her choice.
    4. A Judgment Entry of Appointment shall be sent to the appointed attorney’s last known e-mail address. Within three (3) business days following notification, the appointed attorney must return the judgment entry indicating acceptance or rejection of the appointment. A return indicating an acceptance of the appointment shall be deemed an appearance as counsel of record. Failure to return the Judgment Entry within three (3) business days shall be deemed a rejection of the appointment and the Court shall proceed to appoint new counsel. Repeated failures to return the appointment Judgment Entry within the three (3) business day deadline could, at the discretion of the Court, result in removal from the approved appointed counsel list.
    5. Counsel appointed by the Court shall diligently perform their duties as warranted by the facts of the cases in which they are appointed. They shall appear as scheduled at all hearings and they shall act in a professional manner at all times. Failure to comply with any of these duties will result in removal from the list of appointed counsel. Upon removal, the attorney is required to cooperate with the Court by identifying all open cases to which the attorney has been appointed.
    6. Counsel may be permitted to withdraw as the attorney of record only with the consent of the Court. A Motion to Withdraw as Attorney of Record shall state the reason for the request and include a list of any scheduled Court dates and a certification of service to opposing counsel and the defendant. Withdrawal considerations shall be in conformity with the Code of Professional Responsibility. If counsel has been appointed to one or more offenses which include the possibility of incarceration and counsel voluntarily enters an appearance in a minor misdemeanor and/or unclassified misdemeanor companion case, it is counsel’s responsibility to file a motion to withdraw from the non-appointed case(s) when all of the offenses involving the possibility of incarceration have been resolved. In the event counsel fails to withdraw as counsel in the non-appointed cases, the Court shall not be responsible for payment of the services provided.
    7. No appointed counsel shall be paid for his or her services unless a request for payment is made. All requests for payment shall be made by completing the prescribed forms provided by the Ohio Public Defender Commission. This application must be accompanied by a Financial Disclosure/Affidavit of Indigency form completed by the indigent defendant, the entry appointing counsel, and the signed entry concluding the appointed case(s). The application shall be filed with the Clerk’s office. The Court may withhold payment to appointed counsel until all necessary forms pertaining to the case are completed and correctly filed.
    8. Any court appointed counsel who fails to file his or her request for payment of court appointed counsel fees within sixty (60) days of final disposition, shall forfeit the right to receive that portion of such fees normally reimbursed to the County by the State. If the fee is paid in full by the County and reimbursement by the State is later refused, the County may deduct the unreimbursed amount of their payment from the attorney’s future court appointed counsel fees.

APPENDIX C

IN THE MORROW COUNTY MUNICIPAL COURT
MT. GILEAD, OHIO

REQUEST TO BE APPOINTED BY THE COURT AS COUNSEL IN
MISDEMEANOR TRAFFIC AND CRIMINAL CASES, APPEALS AND PRELIMINARY HEARINGS

Please include my name on the court-appointed counsel list. I will accept appointments in the following areas:

[  ] Misdemeanor Criminal
[  ] Misdemeanor OVI/Traffic
[  ] Misdemeanor Criminal
[  ] Misdemeanor OVI/Traffic



Name:_________________________________________________________________

Supreme Court Identification Number:_______________________________________________

Firm Name, if any:____________________________________________________________

Mailing Street Address:________________________________________________________

City, State Zip Code:________________________________________________________

Office Phone Number:________________________________________________________

Cell Phone Number:________________________________________________________

Email Address:____________________________________________________________

Foreign Languages, if any:____________________________________________________

CERTIFICATION

I hereby certify that I have reviewed this Court’s Local Rules and the Ohio Administrative Code 120-1-10 and state that I am qualified and willing to accept appointments as provided by this section, in the categories indicated hereinabove. I further agree to immediately inform the Court if I am not qualified or should become unqualified within OAC 120-1-10 to accept a certain category of appointments. I also agree to update the Court, on a yearly basis, of my status and desire to accept appointments, and compliance with the OAC 120-1-10 requirements.

_________________________________________
Attorney Name Printed

_________________________________________
Signature

_________________________________________
Date

NOTARY PUBLIC

State of Ohio

(                            ) ss:

County of _____________________________________)

_________________________________________
Notary Public

My commission expires on _____________________