How do I know if I qualify for appointed counsel?
In certain types of cases, you may be legally entitled to appointed counsel to represent you on appeal. To determine if you are eligible for appointed counsel, you may file a motion in the court asking for the appointment of counsel. With your motion, you should also file a financial disclosure form, which will show whether you qualify financially for appointed counsel.
How do I know if counsel has been appointed to represent me on appeal?
Counsel is appointed by way of an entry filed on the docket of your appeal. You may check the docket of your appeal to see if an appointment entry has been filed or call the clerk of the court of appeals in the county where your appeal is located.
Once counsel has been appointed to represent me on appeal, may I file motions, briefs, or other documents in support of my case?
Generally, no. Once counsel has been appointed to represent you on appeal, the court will not consider pro se motions, briefs, or other documents in support of your appeal. The court does not allow hybrid representation.
Where does appointed counsel send a completed Motion, Entry, and Certification for Appointed Counsel Fees (fee application)?
All fee applications must be sent directly to the court for processing no later than 30 days after the final entry. Click here for more information about the fee application process.
What documents must appointed counsel include with a Motion, Entry, and Certification for Appointed Counsel Fees (fee application)?
A fee application must include the following: (1) Motion, Entry, and Certification for Appointed Counsel Fees; (2) Itemized billing statement; (3) Appellant's financial disclosure form; (4) Receipts for any expenses over $1.00; and (5) If counsel is seeking fees that exceed the applicable fee cap, a time-stamped motion for extraordinary fees.
What are the hourly rates and maximum fees for appointed counsel in the Second District Court of Appeals?
In 2021, the Office of the State Public Defender updated its State Maximum Fee Schedule for Appointed Counsel Reimbursement. Click here to view the Public Defender's County Rate and Maximum Fee Map. Click here for a current statement of the hourly rates and maximum fees for appointed counsel in the Second District Court of Appeals.
Is there an application an attorney must complete to take appointments in the Second District Court of Appeals?
Yes. To be added to the court's appointed counsel list, attorneys should complete the court's Appointed Appellate Counsel Application. Please note that on January 2, 2024, the court began appointing appellate counsel from a new appointed counsel list. All attorneys who wish to be on the court's current appointed counsel list must submit a new application; this includes attorneys who were on the court's appointed counsel list in the past. Furthermore, attorneys applying to be on the court’s current appointed appellate counsel list must attend the court’s biennial appointed appellate counsel seminar (either live or recorded) at least once and indicate the date of attendance on the application. Past attendance satisfies this requirement. Attorneys who have not attended the court’s seminar by the time of applying may still submit an application but must attend the seminar within one year of the application. Those attorneys must submit a new application and request an upgrade; the new application must indicate the date those attorneys attended the court’s seminar.
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