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.

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:

a)            Licensed Ohio attorney in good standing;

b)            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;

c)            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.

d)            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 Legal Director, specifying the list(s) for which (s)he is requesting placement. The applicant shall submit:

a)            The application outlining the required training as set forth in these rules,

b)            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,

c)            the applicant’s criminal background check and the applicant’s background disclosure statement,

d)            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 Legal Director 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:

a)            Attend an orientation session outlining the specifics of this rule and the Court’s billing process.

b)            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.

c)            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:

*CLE hours must be certified by the Ohio Supreme Court commission on continuing legal education.

**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.

2.      Waiver Exception:

a)            List 2a, 3, 4 – The observation requirements, or a portion thereof, may be waived upon application and approval from the Legal Director.

b)            List 7 – The requirements for List 7 appointments may be waived upon application and approval of the Legal Director. 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 Legal Director 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 Legal Director.

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.

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.

(A) Removal and Reinstatement:

In addition to removal pursuant to §4.3 (D), attorneys / guardians ad litem may be removed from any court appointment list(s) with the approval of a majority of the judges of the Domestic Relations and Juvenile Court if, in the estimation of the Court, that an attorney / guardian ad litem failed to comply with the duties and responsibilities required of them as set forth in the Court’s Local Rules, Sup. R. 48, or the “Standards of Representation of Clients in Juvenile Delinquency Cases,” as all may be updated or supplemented from time to time. After removal from any list pursuant to this section, an attorney / guardian ad litem may not seek reinstatement of eligibility for six months and thereafter must submit a new application requesting reinstatement. Attorneys / guardians ad litem losing eligibility may also be required to complete orientation, continuing education training, and meeting requirements.

(B)  Annual Review and Evaluation: At least annually, the court shall conduct a review of its list to determine that all individuals are in compliance with the training and education requirements of this rule, that they have performed satisfactorily on all assigned cases during the preceding calendar year and are otherwise qualified to serve.

(C)  Written Complaints: The Legal Director or her/his designee shall accept and consider written comments and complaints regarding the performance of attorneys and guardians ad litem practicing before that court. A copy of comments and complaints submitted to the court shall be provided to the attorney or guardian ad litem who is the subject of the complaint or comment. The Legal Director shall forward any comments and complaints to the administrative judge of the court for consideration and appropriate action following disposition of the complaint. Dispositions by the court shall be made promptly. The court shall maintain a written record in the attorney's/guardian ad litem's file regarding the nature and disposition of any comment or complaint and shall notify the person making the comment or complaint and the subject attorney/guardian ad litem of the disposition.

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 Legal Director and shall only be made with approval of the assigned judge.

 (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)