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Local Family Rules of Court
FAMILY RULE 9 CHILD(REN)’S COUNSEL
A. QUALIFICATIONS
B. PARTIES’ ADDRESSES AND PHONE NUMBERS
C. PLEADINGS
D. REVIEW OF APPOINTMENT
E. APPLICATION FOR PAYMENT
F. RESPONSE TO APPLICATION FOR PAYMENT
G. APPOINTMENT OF ATTORNEYS FOR CHILD(REN)
A. QUALIFICATIONS
The following shall be minimum qualifications for an
attorney appointed to represent child(ren) in a Family Law case:
(1) The attorney shall have been engaged in the practice of law for at
least 5 years during which time 50% of the practice has been in the area
of Family Law or related areas.
(2) The attorney shall have a minimum of 12 hours MCLE training in each
3-year State Bar reporting period, in one or more of the following areas:
a. Child Custody & Visitation
b. Child Development
c. Representation of Child(ren)
d. Domestic Violence
e. Substance Abuse
(3) The Court has discretion to appoint an attorney who
does not meet the above qualifications in order to meet the particular
needs of a child. The Court may appoint a “mentor” attorney who has taken
training in Representation of Child(ren) when the lead attorney does not
meet the above qualifications.
B. PARTIES’ ADDRESSES AND PHONE NUMBERS
Counsel for the parties, or the parties if
self-represented, shall keep the child(ren)’s counsel informed of the
parties’ current residence and employment address and telephone numbers at
all times. If a party’s address is confidential, the child(ren)’s counsel
may contact counsel for the party, or Family Court Services, if the party
is self-represented, to obtain an address and telephone number.
Child(ren)’s counsel shall maintain the confidentiality of the
information.
C. PLEADINGS
(1) Each party or party’s counsel shall provide copies of
all that party’s prior pleadings, orders and Judgments relating to the child(ren) to child(ren)’s counsel within 14 calendar days from date of
the filing of the Order Appointing Child(ren)’s Counsel.
(2) Any future filings or motions relating to the child(ren), including
child support, shall be served on the child(ren)’s counsel in the same
manner as if served upon a party.
(3) All stipulated orders involving issues relating to the child(ren)
shall require the agreement of the child(ren)’s counsel or a statement by
the child(ren)’s counsel that she or he takes no position. All orders
following hearings and trials involving the child(ren)’s counsel shall be
submitted to the child(ren)’s counsel for approval as to form and content.
(4) In the event prior or future pleadings are not provided to the child(ren)’s counsel in a timely manner, the non-complying attorney or
party shall reimburse the child(ren)’s counsel for any copying costs
incurred for obtaining copies. A request for reimbursement for copying or
other costs incurred for non-compliance shall be included in an
application for fees.
D. REVIEW OF APPOINTMENT
(1) Child(ren)’s counsel, counsel for any party, a
self-represented party, or the Court may set a CMC 24 months from the
filing of the Order Appointing Child’s Counsel, for the purpose of
determining whether to hold a hearing on continuing the appointment. If no
one sets a CMC 24 months from the filing of the Order Appointing Child’s
Counsel, the appointment shall continue for another 12 months, with the
same right to set a CMC prior to the end of each subsequent 12-month
period.
(2) At any time, if all parties and child(ren)’s counsel agree that
counsel’s appointment should end, they shall present a signed stipulation
stating the reasons for termination to the Court for the Court’s review.
(3) Appointment shall terminate upon emancipation of the child(ren),
except as to any continuing orders.
E. APPLICATION FOR PAYMENT
Counsel may apply for payment of fees and costs any time
counsel has billed a minimum of ten hours, or when representation has
concluded. When costs and fees for child(ren)’s counsel at the counsel’s
billing rate in the case reach $4,000, counsel shall apply for payment.
Child(ren)’s counsel shall apply for fees by ex parte application, using
the form supplied by the Court.
F. RESPONSE TO APPLICATION FOR PAYMENT
Each party shall respond to counsel’s application for
payment on the local form Response to Application for Payment of Fees and
Costs by Child(ren)’s Counsel, following the procedures set out in that
form.
G. APPOINTMENT OF ATTORNEYS FOR CHILD(REN)
In the absence of a stipulation to the appointment of an
attorney for the child(ren) in a case, the Court on request will provide
an opportunity for the parties and counsel to be heard prior to the
appointment of counsel for a child on the issues of appointment of counsel
and the initial payment of the attorney for the child(ren). This may be
done on the Law and Motion calendar, the CMC calendar, or at such other
time as is set by the APJ.
(Eff. 1/1/07)
Family Rules: Summary - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
8 - 9 Appendix: A - B - C
List of attached Family local forms
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