Ohio Will Raise Capital Defense Attorney Pay
The Capital Case Attorney Fee Council set a new $165 hourly rate for death penalty defense cases in Ohio.
Updated on Oct. 7, 2026 in Criminal Justice
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Ohio's Capital Case Attorney Fee Council announced on October 7, 2026, that it will increase the hourly compensation for death penalty defense attorneys to $165. The new rate is scheduled to take effect in late November 2026.
Why it matters
The pay increase addresses the shrinking pool of available attorneys and rising costs associated with case complexity in the digital era. It aims to ensure adequate legal representation for capital defendants throughout all stages of litigation.
The council, composed of five appellate judges, confirmed the new rate will apply to all stages of litigation, including trials, appeals, and postconviction proceedings. This marks an increase from the previous $140 rate adopted in 2023.
The players
Capital Case Attorney Fee Council
This body consists of five appellate judges appointed by the Supreme Court chief justice to evaluate and set compensation for death penalty defense.
Ohio Public Defender's Office
This state agency is responsible for providing legal representation to indigent defendants and advising on public defense policy.
Supreme Court of Ohio
The state's highest court oversees the administration of justice and appoints the judges serving on the fee council.
The details
The decision to raise pay was based on a recommendation from the Ohio Public Defender's Office and data from the Supreme Court of Ohio. The new structure addresses the dual pressures of inflation and the increased difficulty of managing modern capital cases.
Timeline
2016: The Capital Case Attorney Fee Council was created by state law R.C. 120.33(D).
2023: The hourly rate previously increased from $125 to $140.
October 7, 2026: The rate increase was formally announced.
Late November 2026: The new $165 hourly rate will take effect.
Legal Context
The fee adjustment follows the protocols established by Ohio state law R.C. 120.33(D). This mechanism allows the state to periodically align defense compensation with market realities to maintain the integrity of the capital justice system.
The change aims to improve the quality of legal defense for indigent defendants in capital cases across the state. Residents should note this adjustment is intended to ensure that the constitutional right to counsel is met despite increasing operational costs for attorneys.
The takeaway
Maintaining competitive compensation for public defense is essential for the function of the judicial system. As case complexities grow, states must balance fiscal responsibility with the necessity of ensuring fair and effective representation for all defendants.
What happens next
The new hourly rate will officially take effect in late November 2026.
Further reading
Learn more about the state's legal proceedings and oversight at Criminal Justice.
More information
View administrative details and council guidelines on the Capital Case Attorney Fee Council website.
Source note: This article includes information reported by Dlnnews.
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