A.   Right to Counsel.

Every party shall have the right to be represented by counsel and, as provided in R.C.2151.352, the right to appointed counsel if indigent. Appointments may be made by the Court to the Franklin County Public Defender, Court Appointed Special Advocates, Legal Clinics, and attorneys in private practice. The Court shall maintain a list of private attorneys willing to accept appointments for Juvenile Court cases.

B.     Duties and Responsibilities of Appointed Counsel and Guardian ad Litem:

1.      Attorneys accepting appointments to serve as guardian ad litem, court appointed counsel, or in the dual capacity of both attorney and guardian ad litem, shall all be familiar with following and be able to apply them to their practice: Sup. R. 48.01, et seq., the “Standards of Representation of Clients in Juvenile Delinquency Cases,” and the Court’s Local Rules as all may be updated or supplemented from time to time.

2.      Attorneys accepting appointments to serve as guardian ad litem, court appointed counsel, or in the dual capacity of both attorney and guardian ad litem, shall:

a)         Be knowledgeable of the laws of Ohio, case law, and Ohio Rules of Juvenile Procedure applicable to the cases for which they receive appointments;

b)         Act with respect and courtesy to the parties and all persons involved in the case at all time;

c)         Immediately identify yourself and your role in any correspondence or communication with any other person or party involved in the case, and inform them that documents or information obtained may be used in court proceedings;

d)         Initiate and maintain reasonable contact with their client or ward, which should be no less than once per month and shall be done outside of scheduled court hearings;

e)         Review all pleadings and other relevant court documents, and request discovery in a timely manner;

f)          Communicate prior to and outside of scheduled court hearings with counsel (and unrepresented parties), caseworkers, community supervision workers, and other professionals providing services to their client or ward regarding the issues in the case and resolution of those issues in advance of hearing dates;

g)         Appear for hearings timely;

h)         Be prepared to discuss outstanding issues and be knowledgeable of the facts of the case at each hearing;

i)          File necessary motions and pleadings as needed and in a timely manner;

j)          Communicate with all counsel, parties, and court staff regarding scheduling conflicts well in advance of scheduled hearings;

k)         Advise their client/ward of the client’s/ward’s rights and the possible consequences of the pending action;

l)          Personally represent the client for which (s)he was appointed, and not allow substitute counsel to represent the client, absent an emergency;

m)      Advise the client/ward regarding the right to object to a magistrate’s decision, and to prepare and to file an objection if directed;

n)         Advise the client/ward regarding the right to appeal a judgment entry in matters heard directly by the judge or matters heard by the judge pursuant to an objection, and to prepare and to file a notice of appeal if directed;

o)         Promptly advise the court of any grounds for disqualification or unavailability to serve, including but not limited to failure to meet training requirements, disciplinary proceedings, health issues, or conflict of interest.

3.      Attorneys appointed to serve as guardian ad litem or in the dual capacity of both attorney and guardian ad litem, shall perform all duties and responsibilities and comply with all requirements as set forth in Sup. R. 48.01, et. seq.

4.      The court shall maintain an individual file for each appointed counsel for the purpose of providing appointments, notices and other matters as may be necessary. It will be the responsibility of appointed counsel to inspect said file not less than weekly.

5.      Repeated failure to maintain contact with client or ward, appear for hearings timely, communicate regarding scheduling conflicts in advance, work to resolve matters outside of scheduled hearing dates, comply with the requirements of Sup. R. 48 (for guardians ad litem) including timely filing of reports, or to personally appear on behalf of the client or ward will result in removal from the guardian ad litem/appointed counsel lists as outlined in Section 4.4 of this Rule.

6.      Attorneys and guardians ad litem are under an ongoing duty to notify the court of changes in their status, address, or telephone number. Additionally, they are required to notify the Court immediately of any disciplinary action that results in sanctions and promptly advise the court of any grounds for disqualification or unavailability to serve.

C.     Powers:

1.      The powers of the attorney/guardian ad litem shall be wide ranging, including but not limited to, the right to file motions and review all confidential records involving their client(s) by request, through deposition, and by subpoena. The attorney/ guardian ad litem shall have reasonable access to the child at school or in placement.

2.      Appointed attorneys and guardians ad litem shall be given notice of all hearings and proceedings and shall be provided a copy of all pleadings, motions, notices and other documents filed in the case.

D.    Duration of Appointment:

1.      Guardians ad Litem. A guardian ad litem shall continue to serve until the guardian ad litem’s duties terminate in accordance with R.C. 2151.281(G), or until discharged by order of the court. Whenever feasible, the same guardian ad litem shall be reappointed for a specific child in any subsequent case in any court relating to the best interest of the child.

2.      Attorneys representing parents and youth. Subject to Section (D)(3) below, Attorneys appointed to represent parents or youth in juvenile court matters where the appointement of counsel is necessary shall continue to serve until: the complaint is dismissed, all dispositional orders relative to the child have terminated, legal custody of the child is granted to a relative or another person, parental rights are terminated, or the attorney withdraws or is removed by the court.

3.      Acceptance into Recovery Court Programming. Should a party be accepted into the Franklin County Family Recovery Court Program or Franklin County Juvenile Recovery Court Program and the attorney appointed to represent the party has not been approved as a List 7 attorney, then that attorney shall request leave to withdraw. Once granted, the court shall appoint a List 7 attorney to represent the party in Recovery Court and in all other matters related to the case. Once a List 7 attorney has been appointed to a case that goes to Recovery Court, that attorney shall serve as counsel for the duration of the case.

4.      Objections and Appeal. The appointment of counsel shall terminate upon the filing of a magistrate’s decision if the client does not wish to object to the magistrate’s decision. The appointment of counsel continues through the objection process if counsel is directed to file an objection by their client.

The appointment of counsel shall terminate upon the filing of a judgment entry disposing of all pending matters if the case was heard directly by the judge or heard by the judge pursuant to an objection, so long as the client does not wish to appeal the judge’s decision. The appointment of counsel continues through the filing of a notice of appeal if counsel is directed to file a notice of appeal.

E.     Notice of Appeal:

When filing a notice of appeal, appointed counsel shall file a motion with the Clerk of this court requesting preparation of the transcript at state expense. Counsel shall present a time stamped copy of the motion and a proposed journal entry granting the motion to the judge assigned to the case. Following journalization of the entry by the clerk, counsel shall deliver a copy of the entry to the court reporter or stenographer. Thereafter, appointed counsel shall file a motion with the Clerk of the Court of Appeals seeking either leave to withdraw and appointment of new counsel or an appointment to prosecute the appeal.

F.      Fees and Costs:

All filing fees and court costs are waived as to court appointed attorneys and guardians ad litem.

G.    Appointment of guardian ad litem and attorneys in custody actions:

Local Juvenile Rule 4 as it relates to guardians ad litem and attorneys for parents shall not apply to actions to determine the allocation of parental rights and responsibilities when a child welfare agency is not a party to the case. There is no right to appointed counsel in such cases. Guardian ad litem appointments in those matters shall be made pursuant to Local Juvenile Rule 27.