4.2: Lists, Application Process, and Appointment Process

Rule 4.2: Lists, Application Process, and Appointment Process.

(A) Lists

The following lists shall comprise the court appointment list for private attorneys:

• List 1. – Attorneys who will serve as guardian ad litem for children in delinquency, unruly, abuse, neglect and dependency cases; guardian ad litem for adults in abuse, neglect and dependency cases; or solely as attorney for children in abuse, neglect, and dependency cases.
• List 2a. – Attorneys who will represent children in delinquency misdemeanor (except OVI cases), unruly, and truancy cases, juvenile respondents in proceedings for a juvenile civil protection order under R.C. 2151.34, and adults in criminal matters and contempt actions other than those specified in List 4.
• List 2b. – Attorneys who will represent children in misdemeanor OVI cases.
• List 3. – Attorneys who will serve as counsel for parties in abuse, neglect and dependency cases.
• List 4. – Attorneys who will represent parties in parentage cases initiated by the state, and contempt actions related to custody, child support or visitation.
• List 5a. – Attorneys who will represent children charged with delinquency offenses when the offense is a felony of the third, fourth or fifth degree.
• List 5b. – Attorneys who will represent children charged with delinquency offenses when the offense is a felony of the first or second degree, except those cases covered by lists 5c or 5d.
• List 5c. – Attorneys who will represent children when a relinquishment of jurisdiction for purposes of prosecution as an adult is requested, or the child is charged as a serious youthful offender.
• List 5d. – Attorneys who will represent children charged with delinquency by reason of committing murder or aggravated murder without specifications, without a motion to bind over, and without a serious youth offender proceeding.
• List 6. – Attorneys who will serve in a dual capacity as attorney and guardian ad litem, or if a conflict exists between those roles solely as attorney or guardian ad litem, for children who file a complaint pursuant to O.R.C 2151.85.
• List 7a. – Attorneys who will serve as counsel for parties admitted into the Franklin County Family Recovery Court Program.
• List 7b. – Attorneys who will serve as counsel for parties admitted into the Franklin County Juvenile Recovery Court Program.

(B) Application Process

1. Preliminary Eligibility. In order to submit an application to be on any Court-appointed list above, attorneys must meet the following standards:
   1. Licensed Ohio attorney in good standing;
   2. Maintain a working telephone with a local telephone number or toll-free long-distance number, with a secretary and/or working answering machine/service to be able to respond to calls from the court or client;
   3. Either maintain professional liability (malpractice) insurance in an amount equal to the minimum coverage required by the Ohio Rules of Professional Conduct, or comply with Prof. Cond. Rule 1.4 at the time of the appointment.
   4. Complete the “Required Training Prior to Application” and “Required Experience Prior to Application” as set forth in the List Requirements outlined below.
2. Application. Attorneys desiring to be placed on the appointment list shall apply in writing on a form promulgated by the court. The application shall be submitted to the Administrative Magistrate, specifying the list(s) for which (s)he is requesting placement. The applicant shall submit:
   1. The application outlining the required training as set forth in these rules,
   2. the applicant’s resume stating additional training, experience and expertise which demonstrates’ the applicant’s ability to successfully perform the duties and responsibilities of an attorney or guardian ad litem,
   3. the applicant’s criminal background check and the applicant’s background disclosure statement,
   4. a statement notifying the court of any prior disciplinary complaints against the attorney which resulted in sanctions.
   The attorney’s application shall be reviewed and the Administrative Magistrate shall determine whether the attorney’s qualifications are sufficient that the application shall be accepted.
3. Court Specific Training Requirements. Prior to being placed on any appointment list, attorneys shall:
   1. Attend an orientation session outlining the specifics of this rule and the Court’s billing process.
   2. Attend required, specific education courses or trainings related to the appropriate appointment lists. The Court, from time to time, may provide education or training to address these required subjects.
   3. Depending on the experience of the attorney, they may be required to complete mentoring with an assigned mentor designated by the court.
4. Lack of employer-employee relationship. Any attorney maintained on the court appointed lists shall acknowledge initially, and shall confirm annually, that no employer-employee relationship is created upon application and acceptance to serve on any of the court’s appointed counsel or guardian ad litem lists.

(C) Initial Requirements to be Placed on Court Appointed Lists

1. Use the following chart to determine the requirements needed for all the appointment lists to which an attorney may apply:
   (Note: CLE hours must be certified by the Ohio Supreme Court commission on continuing legal education.)

List	Case Type	Required Training Prior to Application	Required Experience Prior to Application	Required Education/ Training After Application
1	GAL or Attorney for Children in Abuse, Neglect, Dependency Cases	Within one year prior to application, pre-service GAL training course as required per S.Ct.R.48 (Of the twelve hours of pre-service education, six hours shall be obtained via a live education program where the guardian is physically present. The remaining six hours may be satisfied by online or live education, teaching, writing, mentoring, or field-training activities with approval by the appointing court.) and 1 hour Implicit Bias CLE	Case observation of two (2) cases from prelim to disposition. (Requirement may be waived. See “Waiver Exception” below)	Magistrate training sessions on: Advocating in JU Court for GALs Courtroom etiquette and professional conduct and Observe a Family Recovery Court Treatment team meeting and status review hearing.
2a	Unruly, Truancy, Violation of Court Order, Misdemeanors, and JPOs	Within one year prior to application, minimum 6 hours CLE in juvenile delinquency practice and procedure or Successful completion of clinical education program on juvenile law and 1 hour Implicit Bias CLE	1. In lieu of required training, one-year experience as an attorney. and 2. Case observation of two (2) cases from prelim to disposition. (Requirement may be waived. See “Waiver Exception” below)	Magistrate training sessions on: Advocating in JU Court for Delinquency Courtroom etiquette and professional conduct and Observe a Juvenile Recovery Court treatment team meeting and status review hearing.
2b	Misdemeanor OVI	Within one year prior to application, minimum six hours CLE focused on OVI practice and procedure	Must be on list 2a
3	Attorney for Parents in Abuse, Neglect, Dependency Cases	Within one year prior to application, minimum 6 hours CLE in juvenile court child welfare practice and procedure or Successful completion of clinical education program on juvenile law and 1 hour Implicit Bias CLE	Case observation of two (2) cases from prelim to disposition. (Requirement may be waived. See “Waiver Exception” below)	Magistrate training sessions on: Family Recovery Court Courtroom etiquette and professional conduct and Observe a Family Recovery Court treatment team meeting and status review hearing.
4	Contempt actions related to custody, child support, or visitation.		Case observation of two (2) cases in all stages of the respective proceeding. (Requirement may be waived. See “Waiver Exception” below)	Magistrate training sessions on: Representing Parents in Contempt Proceedings
5a	3rd, 4th, and 5th Degree Felonies and Post Adjudication Cases	Within one year prior to application, minimum 12 hours CLE in criminal practice and procedure, at least six of which must be in juvenile delinquency practice and procedure and 1 hour Implicit Bias CLE	At least one-year experience as an attorney in juvenile delinquency law and Must be on list 2a or have completed all requirements for list 2a.	Magistrate training sessions on: JDAI
5b	1st and 2nd Degree Felonies and Post Adjudications Cases	Within one year prior to application, minimum 12 hours CLE in criminal practice and procedure, at least six of which must be in juvenile delinquency practice and procedure and 1 hour Implicit Bias CLE	1. At least two years’ experience as attorney practicing in juvenile delinquency law. and Within 10 years preceding the appointment prior experience as: 2(a) lead trial counsel in at least two bench trials in juvenile court, at least one of which involved a felony-level charge or 2(b) lead counsel in one felony bench trial and co-counsel in two additional bench trials.	Magistrate training sessions on: JDAI
5c	Bindover and SYO cases and Post Adjudication Cases	Within one year prior to application, minimum 12 hours CLE in criminal practice and procedure, at least six of which must be in juvenile delinquency practice and procedure	1. Requisite experience to be appointed to a juvenile case based upon the highest degree of the charge in the case and 2(a) Requisite experience to be appointed to an adult case based upon the highest degree felony charged or 2(b) Co-Counsel who meets the adult-case training and experience requirements must also be appointed.	Magistrate training sessions on: JDAI (if not previously attended)
5d	Murder and Aggravated Murder Cases and Post Adjudication Cases	Within one year prior to application, minimum 12 hours CLE in criminal practice and procedure, at least six of which must be in juvenile delinquency practice and procedure and 1 hour Implicit Bias CLE	1. At least three years’ experience as attorney practicing in juvenile delinquency law and 2(a) Within 10 years preceding appointment, prior experience as lead trial counsel in at least four bench trials in juvenile court, at least three of which involved a felony level charge or 2(b) As lead counsel in three bench trials, two of which involved a felony-level charge and as co-counsel in three additional bench trials.	Magistrate training sessions on: JDAI
6	Abortion Bypass	Within one year prior to application, pre-service GAL training course as required per S.Ct.R.48 (Of the twelve hours of pre-service education, six hours shall be obtained via a live education program where the guardian is physically present. The remaining six hours may be satisfied by online or live education, teaching, writing, mentoring, or field-training activities with approval by the appointing court.) and 1 hour Implicit Bias CLE	Must be on List 1, List 2a, or List 3	Magistrate training sessions on: Advocating in JU Court for GALs Courtroom etiquette and professional conduct
7a	Franklin County Family Recovery Court Program	Magistrate training sessions on: Family Recovery Court (if not taken to initially apply to List 3).	Must fulfill the requirements of a list 3 attorney. (Requirements may be waived. See Waiver Exception below)	Review: The Key Components of Recovery Courts Participant Handbook Recovery Court Forms, including Particpation Agreement and Program Description
7b	Franklin County Juvenile Recovery Court Program	Magistrate training sessions on: Juvenile Recovery Court	Must fulfill requirements of a List 2a attorney. (Requirements may be waived. See Waiver Exception below)	Review: The Key Components of Recovery Courts Participant Handbook Recovery Court Forms, including Participation Agreement and Program Description

2. Waiver Exception:
   1. List 2a, 3, 4 – The observation requirements, or a portion thereof, may be waived upon application and approval from the Administrative Magistrate.
   2. List 7 – The requirements for List 7 appointments may be waived upon application and approval of the Administrative Magistrate. No waiver will be approved unless the attorney has had at least one (1) Recovery Court case in which the attorney attended team meetings, hearings, reviews, and other Recovery Court events related to the case. Waivers will not be granted on a case-by-case basis.

(D) Acceptance

Upon documented completion of all training requirements and compliance with all practice requirements outlined in this rule, the Administrative Magistrate shall review all application materials and determine if the Applicant is eligible to receive court appointments.

(E) Appointments

1. Preliminary Hearing Enrollment. Private attorneys who are qualified to receive appointments may, during an enrollment period determined by the court, volunteer to be present for preliminary hearing dockets to receive available appointments. Attorneys volunteering to be present will receive a copy via email of the preliminary hearing schedule which includes the date(s) the attorney is assigned to be present for preliminary hearings. A copy of the current schedule/s can also be found on the Court’s website. Appearing for a preliminary hearing docket does not guarantee that an attorney will receive an appointment.
   
   
2. Preliminary Hearing Attendance. Absent an emergency, attorneys who fail to appear for an assigned preliminary hearing docket will be removed from the subsequent enrollment period. Attorneys with preliminary hearing scheduling conflicts may switch preliminary hearing dates with another attorney who is also eligible to accept the same type of appointment.
   
   Once an attorney misses three assigned preliminary hearing dates in a two (2) year period, they will no longer be eligible to receive preliminary hearing assignments. Any attorney who schedules other hearings during the scheduled preliminary hearing docket, either in this Court or in any other court, such that they leave the preliminary hearing docket (i) prior to all scheduled cases being assigned or (ii) prior to all of their assigned cases having concluded, shall be reported as “failed to appear.”
   
   
3. Preliminary Hearing Reinstatement. An attorney who is no longer eligible may request to be placed back on the preliminary hearing docket after six (6) months by providing a written explanation for their failures to appear and what changes they have made to ensure their future appearance to the Administrative Magistrate.
   
   
4. Non-Prelim Hearing Appointments – Rotating Appointments. To maximize efficiency of the appointed counsel clerk and equalize appointments among attorneys on the various appointment lists, all appointments which are not assigned at preliminary hearing will be assigned on a rotating basis based upon required qualifications and attorney eligibility. Bench Appointments are excluded from this rotation.
   
   
5. Notice of Rotating Appointments. The appointed counsel clerk will notify an attorney of the availability of an appointment by email. If, due to circumstances of the case, email is not feasible, then notice will be via telephone, speaking with the attorney personally, or by leaving a message with the attorney's staff or on the attorney's answering machine/voice mail. If time permits, the attorney shall have 48 hours to contact the appointed counsel clerk and confirm that he/she will accept the appointment. If the appointed attorney fails to contact the appointed attorney clerk within the 48 hour period, or the circumstances of the case are exigent, the appointment will be offered to the next attorney on the list.
   
   
6. Bench Appointments. Excluded from the rotating appointments are companion cases, cases that are dismissed and refiled, multiple cases involving the same client, appointments made at preliminary hearing, appointment of a Guardian ad Litem to the same ward(s) as assigned in another case, appointment of an attorney on a specialty docket when a previously assigned attorney is unable to continue their representation, reappointment of an attorney for a probation violation, and any other appointments made from the bench when circumstances are such that an immediate need arises.
   
   
7. Unavailability to Receive Appointments. Attorneys who will be unavailable for designated periods of time such that they will be unable to accept rotating appointments shall notify the appointment clerk of the dates of their unavailability. Once such notification is received, the attorney will not be appointed to any cases on a rotating basis during the specified period of unavailability.
   
   
8. Processing of Appointments. The appointment entry will be signed by the judge or magistrate and filed with the Clerk of Courts. Certain appointments will be provided to counsel so they may file them through the efile system.
   
   A copy of the appointment entry will either be provided to the appointed attorney by the appointed counsel clerk at the preliminary hearing, in person if the attorney is present and required to file their own appointment, or through the Court’s e-Flex system if the attorney is not tasked with filing the order.
   
   
9. Scheduling. From time to time, appointments may be processed on cases with existing court dates without notice to the attorney prior to the appointment. Once appointed and notified of the date, counsel must either continue the hearing if the case is scheduled on a date or time the attorney is unavailable, or withdraw from the case if he/she is unable to fulfill the appointment, notifying the appointed counsel office of their intent to do so.

(Amended Effective 7/1/95; 2/10/97; 2/9/98; 1/1/00; 8/1/00; 10/1/04; 4/1/06; 3/23/09; 10/25/2010; 4/30/12; 1/18/13; 11/1/14; 6/1/17; 7/1/18; 2/1/21)