4.5: Fees and Expenses

(A) Compensation and Expenses

1.      Rules Governing Billing. The Rules Governing Billing are set forth on the Court's website and hard copies are available upon request. By accepting court appointments, attorneys and guardians ad litem agree to be bound by said rules as they may be updated from time to time by the Court or by the Ohio Public Defender. Appointed attorneys and guardians ad litem shall correctly complete and submit the forms as prescribed in the Rules Governing Billing.

2.      Rate of Compensation. The court shall determine the amount of compensation an appointed attorney will receive based upon the rates of compensation, as set from time to time, by the Franklin County Board of Commissioners.

3.      Expenses

                                            i.                  General Expenses. Reimbursement or payment of necessary and reasonable expenses, as well as those expenses not subject to reimbursement, are also addressed under the Rules Governing Billing procedures as set forth on the court's website. Hard copies are available upon request.

                                          ii.                  Expenses over $100. Approval by the assigned Judge is required prior to incurring expenses exceeding $100.00. When determining whether to grant expenses the assigned Judge shall consider the value added to the proper representation at trial, and whether there is another available alternative which would fulfill the same function at a lesser cost.

4.      Timely Submission of Forms. Appointed attorneys and guardians ad litem shall correctly complete and submit all prescribed forms within thiry-one days of the date of the journal entry disposing of the complaint or motion, or date of the journal entry approving the case plan, whichever is later. Failure to correctly complete and submit all prescribed forms within said thirty-one days will result in a fifty percent reduction in the fees and expenses paid to counsel. Prescribed forms submitted beyond sixty (60) days of the date of the journal entry disposing of the complaint or motion, or date of the journal entry approving the case plan, will not be paid. Defective submissions will be declined. The attorney shall correct the deficiency and resubmit all prescribed forms within ten days. Defective submissions which are corrected within ten days will be reimbursed at the same rate as if they were correct on the date first submitted.

(B)  Extraordinary Fees

1.      Contents of Motion. In addition to all regular billing documents required for reimbursement, requests for extraordinary fees must be made by written motion and shall include all of the following in the motion:

a)            A written description supporting the reason for the request pursuant to the categories set forth below.

b)            A separate, itemized log clearly reflecting the dates of service, nature of services rendered, and hours worked.

c)            Any prior requests for extraordinary fees on the same case or cases, to include date of request, amount granted, and filing date of the Motion, Entry and Certification for Appointed Counsel Fees.

d)            The appropriate category for each request:

                                                                       i.            A complex case involving multiple counts dealing with multiple separate incidents which require an extraordinary amount of trial preparation. This category relates to a situation where multiple counts in the complaint arise out of separate incidents taking place at different places or times that increase the amount of discovery and investigation that go into preparing a case. It will also apply to multiple cases that must be combined on one bill that address separate incidents taking place at different places or times than the other cases. Any request should outline the specifics as they relate to each case or charge.

                                                                     ii.            Cases that involve unique legal issues. This category relates to situations that occur infrequently and are unique to a typical juvenile law practice. The specific legal issues should be described in detail when requesting extraordinary fees.

                                                                   iii.            Cases that require multiple types of hearings. This category relates to multiple hearings or motions on matters that must be addressed prior to or in conjunction with adjudication or disposition of a case, and require additional time and effort to prepare for these hearings. These include , but are not limited to, motions for permanent custody, motions related to competency, motions to relinquish jurisdiction, motions for shelter care, specialty docket hearings, and motions for alternate disposition. The specific motion and the additional preparation and trial time should be highlighted when requesting extraordinary fees.

                                                                   iv.            Cases requiring extended days of trial. This category addresses actual trial time once witnesses are sworn in and the court begins to hear testimony. The actual trial time should be provided when requesting extraordinary fees.

2.      Submission of Motion. Requests for extraordinary fees will not be considered prior to disposition. The Motion for extraordinary fees shall be submitted per Section 4.5(A)(4) Timely Submission of Forms. All motions must be submitted as “Filing Submitted to Assigned Counsel Department” and must be included in the same submission as the fee application and financial disclosure. Motions shall not be submitted directly to the Judge or Magistrate presiding over the case.

3.      Reduced Fee Payment. If the request for extraordinary fees is received past 31 days, payment to the attorney will be reduced per Section 4.5(A)(4) Timely Submission of Forms. All requests for extraordinary fees must be submitted within sixty (60) days of the date of the journal entry disposing of the complaint, motion, or date of the journal entry approving the case plan, whichever is later, otherwise no reimbursement will be paid.

4.      Review of Extraordinary Fee Request. A request for extraordinary fees will be reviewed by the administrative magistrate and shall only be made with approval of the assigned judge.