The complexity and costs to defend a person facing the death penalty have increased, and so will the compensation paid to attorneys who take on the task.

The Capital Case Attorney Fee Council recently adopted a recommendation by the Ohio Public Defender’s Office to raise the rate for capital cases from $140 per hour to $165 per hour. The rate takes effect in late November 2026.

Fourth District Court of Appeals Judge Michael Hess, council chairman, said the group considered information submitted by the public defender along with data provided by the Supreme Court of Ohio regarding compensation rates in other states. The council also received feedback from various legal organizations and attorneys.

“The constitutional right to effective representation is a cornerstone of our justice system,” Judge Hess stated. “By updating compensation rates for attorneys who accept these demanding appointments, Ohio is helping ensure continued access to experienced counsel in capital cases and promoting the fair administration of justice.”

The rate applies to all stages of litigation in death penalty cases, including trials, appeals, and postconviction proceedings.

The council was created by state law, R.C. 120.33(D), in 2016 and was established to set the compensation rate for attorneys representing indigent defendants in death penalty cases. The council is composed of five appellate judges appointed by the Supreme Court’s chief justice, and meets annually to review the rate. Along with Judge Hess, the council includes Judges Sean Gallagher, Mark C. Miller, Eugene A. Lucci, and Christopher B. Epley.

This was the first increase since 2023, when the hourly rate increased from $125 to the current $140.

Public Defender Elizabeth R. Miller noted several reasons for increasing the rate in a letter to the council. She cited fewer attorneys available to do the work, the increasing complexity of capital cases in a digital technology era, and inflation.

“It is crucial that Ohio maintains the ability to recruit and retain highly qualified attorneys to represent individuals who face death, and to ensure that financial constraints do not compromise the quality of representation that the United States Constitution and the Ohio Constitution demand,” Miller wrote.

More information is available at the Capital Case Attorney Fee Council website.