Increased Pay Rate for Death Penalty Defense Approved

A pay rate increase has been approved for those providing death penalty defense.

Official response and confirmed impact

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.

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.”

Incident under investigation

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.