4.3: Requirements to Maintain Status on Appointment Lists:

This section lists the education and reporting requirements for attorneys to maintain eligibility on the Court’s Appointment Lists.

By submitting to the annual reporting requirements under this rule, each attorney is certifying that they have complied with the education requirements as outlined in OAC 120-1-10 and/or Supreme Court Rules of Superintendence 48.01, et. seq. Any attorney failing to comply with the requirements of OAC 120-1-10 will not be eligible to receive payment for submitted fee applications.

If the Court permits reporting by electronic means, the attorney shall submit, with specificity, information related to each CLE they attended to comply with these requirements, which appointment list each CLE relates to, and shall provide a copy of their Supreme Court CLE Transcript or any other documentation (if requested by the Court) via email. Attorneys shall maintain syllabi or agendas for all CLEs so they may respond to questions regarding applicability of coursework to these requirements.

Excess education hours may not be carried over and applied to the following reporting period. Continuing legal education courses regarding the death penalty, ethics, substance abuse or professionalism will not qualify for credit pursuant to this rule unless specifically related to specific list appointments in juvenile court. Pre-service guardian ad litem training cannot be used to both obtain eligibility to receive guardian ad litem appointments and to satisfy the education requirements of these lists.

(A) Education Requirements for Guardian ad litem – Reported Annually:

To remain eligible to receive guardian ad litem appointments from List 1 or 6, each calendar year attorneys must successfully complete 6 hours of continuing legal education training specific to guardian ad litem practice, with at least 3 hours via a live education program where the guardian is physically present. Continuing education shall consist of advanced education related topics identified in Sup. R. 48.04. Continuing education shall be provided by the Supreme Court of Ohio, by the Ohio CASA/GAL Association, by COAJL with prior review by the Court, or, with prior approval of a majority of the judges, another provider.

(B)  Education Requirements for Court Appointed Attorneys – Reported per Two-Year Supreme Court Reporting Period:

1.             Attorneys on Franklin County Appointment Lists 2a and 4:

Attend three (3) hours of qualifying continuing legal education per two year Supreme Court reporting period. To qualify for credit pursuant to this rule, continuing legal education courses must be related to the appointments the attorney accepts.

Attorneys reporting their continuing legal education to maintain their status on List 2b or List 5 may use those hours to comply with this requirement.

Continuing legal education hours also used to fulfil the
requirements of List 1, List 3, List 6, or List 7 may NOT be used to comply with this requirement.

2.             Attorneys on Franklin County Appointment List 2b:

Attend six (6) hours of continuing legal education specifically related to OVI practice and procedure per two year Supreme Court reporting period.

3.             Attorneys on Franklin County Appointment List 3:

Attend six (6) hours of qualifying continuing legal education per two year Supreme Court reporting period. To qualify for credit pursuant to this rule, continuing legal education courses must be related to juvenile law practice and procedure and representing parents in child welfare proceedings.

Continuing legal education hours used to fulfil the requirements of any other list shall NOT be used to comply with this requirement.

4.             Attorneys on Franklin County Appointment List 5a, 5b, 5c and 5d:

Attend twelve (12) hours of continuing legal education in criminal practice and procedure, at least six (6) of which must be in juvenile delinquency practice and procedure per two year Supreme Court reporting period. To qualify for credit pursuant to this rule, continuing legal education courses must be related to the delinquency appointments the attorney accepts.

The six (6) hours of CLE in juvenile delinquency practice will also satisify the requirements for list 2(a).

5.             Attorneys on Franklin County Appointment Lists 5b, 5c and 5d:

Verification of compliance with Trial Experience requirements for the lists from which they desire to continue to receive appointments, as required by the Ohio Public Defender and OAC §120-1-10.

6.             Attorneys on Franklin County Appointment Lists 7a and 7b

List 7a attorneys shall comply with the requirements for List 3.

List 7b attorneys must comply with the requirements of List 2a.

Additionally, attend six (6) hours every two years of the Supreme Court of Ohio Specialized Dockets Practitioners Network Annual Conference, or the equivalent CLE conference which focuses on addiction, mental health illnesses, treatment modalities and best practices in recovery courts.

The six (6) hours used to comply with this requirement shall not be used for purposes of any other List requirements. However, any additional hours from the Conference may be used to satisfy other requirements if applicable.

 

 

 

(C)  Committee Meeting Requirements – Reported per Supreme Court Reporting Period:

All attorneys and guardians ad litem on any Juvenile Appointment List must comply with the following meeting requirements in order to maintain their eligibility to receive appointments.

1.            Attend six (6) meetings of the C.B.A. Juvenile Law Committee and/or the Central Ohio Association of Juvenile Lawyers per Supreme Court reporting period.

If an attorney accepts appointments from list 4, attendance at six (6) C.B.A. Family Law Committee meetings may be substituted for C.B.A. Juvenile Law Committee/C.O.A.J.L. meetings.

Membership in the Columbus Bar Association, the C.B.A. Juvenile Law Committee, the C.B.A. Family Law Committee, and C.O.A.J.L. is encouraged but not required.

2.            Attorneys may substitute one (1) hour of continuing legal education (related to his/her Juvenile Court appointment lists) for one (1) of the committee meetings required above, up to a maximum of six hours. This six hours of CLE shall be in addition to the CLE hours required pursuant to sections (A) and (B) above.

 

(D) Reporting Requirements:

1.      Annual Reporting for All Attorneys and Guardians ad Litem – No Disqualifying Events. No later than January 31 of each year, all attorneys receiving appointments as attorneys and/or guardians ad litem pursuant to this Rule shall certify on a form provided by the Court that they are unaware of any circumstances that would disqualify them from serving as an attorney or guardian ad litem on any court appointed case. Additionally, they shall affirm that no employer-employee relationship is created by their presence on any of the Juvenile Court’s appointed counsel or guardian ad litem lists. (Sup. R. 48.03(C)(1)/Sup. R. 48.07(I))

Failure to provide this annual report will result in loss of eligibility to serve on any new or recurring appointments until this requirement is satisfied. The attorney shall be removed from all preliminary hearing lists and from the rotating appointment list for ALL appointments. The court shall have the discretion to continue to allow the attorney to serve on current, active appointments for up to three (3) months. Failure to comply shall result in removal from all lists after the expiration of (3) months. Should an attorney be removed from preliminary hearing and rotating appointment lists pursuant to this section, they shall not be eligible for reinstatement to those preliminary hearing and rotating appointment lists for six (6) months from the date they come current on all outstanding requirements under this Rule.

2.      Annual Reporting for Guardians ad Litem – Education Requirements. No later than January 31 of each year, all attorneys receiving appointments as guardians ad litem pursuant to this Rule shall report the training they have attended on a form provided by the Court and certify compliance with division (A) of this rule.

If a guardian ad litem fails to complete six (6) hours of continuing education within any calendar year, the individual shall not be eligible to serve as a guardian ad litem on any new or recurring appointments until this continuing education requirement is satisfied. The guardian ad litem shall be removed from all preliminary hearing lists and from the rotating appointment list for guardian appointments. The court may allow the guardian ad litem to serve on current, active appointments for up to twelve (12) months. Should an attorney be removed from preliminary hearing and rotating appointment lists pursuant to this section, they shall not be eligible for reinstatement for six (6) months from the date they come current on all outstanding requirements under this Rule.

If the person's gap in continuing education is two (2) calendar years or less, the person shall qualify to serve after completing all required hours of continuing education. If the gap in continuing education is more than two (2) calendar years, that person must complete the pre-service requirements as set forth in Sup. R. 48.

3.      Biennial Reporting Pursuant to Supreme Court Reporting Period – Education Requirements for Attorneys (Lists 2, 3, 4, 5, 7 and all sublists); Meeting Requirements for ALL Court Appointed Attorneys and Guardians ad Litem. No later than January 31 of the applicable reporting year established for each attorney pursuant to Rule X of the Supreme Court Rules for the Government of the Bar, complete an eligibility report certifying compliance with the requirements of division (B) and (C) of this Rule on a form provided by the Court.

Failure to provide this annual report certifying compliance with the continuing education requirements for each list from which the attorney receives appointments shall result in immediate suspension from all applicable court appointed lists until a vote for removal is held by the Judges of the Court, and the attorney shall remove themselves from all active cases immediately. It shall be at the discrection of the Judges to vote on removal regardless of whether the reporting requirement is satisfied prior to the vote. Should an attorney be removed from any court appointed lists pursuant to this section, they shall not be eligible for reinstatement to that list for six (6) months from the date they come current on all outstanding requirements under this Rule.

If the attorney's gap in continuing education is two (2) calendar years or less, the attorney shall qualify to serve after completing all required hours of continuing education. If the gap in continuing education is more than two (2) calendar years, the attorney must re-apply as if they were a new applicant to the list.

(E)  Attorneys New to Any Appointment List:

Attorneys added to any appointment list during the attorney's biennial reporting period, including attorneys newly admitted to the practice of law, shall not be exempt from the educational and meeting requirements of sections (A), (B), and (C) of this rule, and said requirements shall not be prorated. However, if the attorney is added to any appointment list on or after July 1 of the second year of the attorney's reporting period, the attorney shall be exempt for that biennial reporting period.

 (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)