Court Appointments

(A) Definitions As used in this rule: (1) “Appointment” means the selection by a court or judicial officer of any person or entity designated pursuant to constitutional or statutory authority, rule of court, or the inherent authority of the court to represent, act on behalf or in the interests of another, or perform any services in a court proceeding. The term “appointment” does not include the selection by a court or judicial officer of the following: An acting judge pursuant to R.C. 1901.121(A)(2)(a), (B)(1), or (a) (C)(1) or R.C. 1907.141(A)(2)(a), (B)(1), or (C)(1); (b) A receiver pursuant to R.C. 2735.01; An arbitrator, mediator, investigator, psychologist, interpreter, or (c) other expert in a case following independent formal or informal recommendations to the court or judicial officer by litigants; Any individual who is appointed by any court pursuant to the (d) Revised Code or the inherent authority of the court to serve in a non-judicial public office for a full or unexpired term or to perform any function of an elected or appointed public official for a specific matter as set forth in the entry of appointment; (e) A guardian ad litem pursuant to Sup.R. 48; (f) A guardian pursuant to Sup.R. 66. “Appointee” means any person, other than a court employee, receiving an (2) appointment by a court or judicial officer. “Appointee” does not include a person or entity who is selected by someone other than the court. “Equitable distribution” means a system through which appointments are (3) made in an objectively rational, fair, neutral, and nondiscriminatory manner and are widely distributed among substantially all persons from the list maintained by the court or division of persons pre-qualified for appointment. (4) “Judicial officer” means a judge or magistrate. (B) Local rule Each court or division of a court shall adopt a local rule governing appointments (1) made in the court or division. The local rule required by division (B)(1) of this rule shall include all of the (2) following: (a) For appointments frequently made in the court or division, a procedure for selecting appointees from a list maintained by the court or division of persons pre- qualified to serve in the capacity designated by the court or division. The procedure shall ensure an equitable distribution of appointments. To ensure an equitable distribution of appointments, the court or division may utilize a rotary system from a graduated list that pairs the seriousness and complexity of the case with the qualifications and experience of the person to be appointed. The court or division may maintain separate lists for different types of appointments. A procedure by which all appointments made in the court or division are (b) reviewed periodically to ensure the equitable distribution of appointments; (c) If not addressed by the Revised Code or Supreme Court rule, the compensation appointees will receive for services provided and expenses incurred as a result of the appointment, including, if applicable, a fee schedule. (3) The local rule required by division (B)(1) of this rule may include the following: Qualifications established by the court or division for inclusion on the (a) appointment list; The process by which persons are added to or removed from the (b) appointment list; (c) Other provisions considered appropriate by the court or division. (C) Compensation review and report At least once every five years, each court or division shall review the compensation paid court appointees to determine the compensation’s adequacy and effect upon the availability of court appointments. The court or division shall provide the report to all funding authorities of the court or division. (D) Factors in making appointments In making appointments, a court or judicial officer shall take into account all of the following: (1) The anticipated complexity of the case in which appointment will be made; Any educational, mental health, language, or other challenges facing the (2) 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; The avoidance of conflicts of interest or other situations that may potentially (4) delay timely completion of the case; (5) Intangible factors, including the court or judicial officer’s view of a potential appointee’s commitment to providing timely, cost-effective, quality representation to each prospective client. (E) Payment of fees (1) Except as provided in division (E)(2) of this rule, if a party or other person is required to pay all or a portion of the fees payable to an appointee, the appointee promptly shall notify that party or person of the appointment and the applicable fee schedule. The court or division shall require the appointee to file with the court or division and serve upon any party or other person required to pay all or a portion of the fees itemized fee and expense statements on a regular basis as determined by the court or division. If the party or other person required to pay all or a portion of the fees claims that the fees are excessive or unreasonable, the burden of proving the reasonableness of the fees is on the appointee. Division (E)(1) of this rule shall not apply to the repayment of all or part of the (2) costs of indigent defense by a criminal defendant as a condition of probation. The notification requirement of division (E)(1) of this rule may be satisfied with (3) service upon counsel of record as provided in the applicable rules of procedure. (F) Code of Judicial Conduct In making appointments, a court or judicial officer shall conform to all applicable ethical and campaign finance restrictions and requirements of the Ohio Code of Judicial Conduct. (G) Effect of inclusion on appointment list Persons on a list maintained by the court or division of persons pre-qualified to serve are not assured a substantially equal number of appointments. No person is granted a legal right or claim by virtue of this rule. Commentary (July 1, 1997)