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local family rule 9

FAMILY RULE 9: COUNSEL FOR MINOR CHILDREN
(Eff. 7/01/09)

    • A. PANEL OF COUNSEL ELIGIBLE FOR APPOINTMENT
      B. COMPLAINT PROCEDURE
      C. APPLICATION FOR PAYMENT OF COMPENSATION
    • D. EX PARTE APPLICATION TO BE RELIEVED AS COUNSEL FOR MINOR CHILD

      A. PANEL OF COUNSEL ELIGIBLE FOR APPOINTMENT
    • (Eff. 7/01/09)
      The Family Law Division has selected, pursuant to CRC 5.240(d), to create an maintain a panel of counsel meeting the minimum qualifications set forth in the Cal. Rules, who the Court may consider for appointment as counsel for minor children in family law proceedings. Attorneys wishing to be included in the Court's panel must submit Judicial Council form FL-322  and an Initial Application (attached local form FM-1081 ) to the Supervising Judge. Attorneys selected for the panel who are serving as counsel for minors or who wish to remain on the panel for future appointments must submit to the Supervising Judge an updated Judicial Council form FL-322  and a Renewal Application/Eligibility Declaration (attached local form FM-1082 ) each year no later than December 31.

      (Eff. 1/01/13)


      B. COMPLAINT PROCEDURE

    • (Eff. 7/01/09)

      In a family law proceeding in which the Court has appointed counsel for minor children, any party or counsel or minor child may present a complaint about the performance of appointed counsel. The complaint must be in writing, filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk for the APJ. The APJ shall respond to the complaint, either by setting the matter for hearing or by issuing a written response.

      (Eff. 7/01/09)


      C. APPLICATION FOR PAYMENT OF COMPENSATION

      (1) Appointed counsel may apply for payment of fees and costs when counsel has billed a minimum of 10 hours or when representation has concluded. Appointed counsel shall promptly apply for payment when costs and fees at the applicable billing rate reach $4,000. Application for payment shall be consistent with any Court determinations under CRC 5.241 and shall be made ex parte, using Application for Payment of Fees and Costs of Children’s Counsel (attached local form FM-1067 ), and following the procedures set out in that form.

      (2) Any response by a party to appointed counsel’s application for payment shall use the Response to Application for Payment of Fees and Costs by Children’s Counsel (attached local form FM-1068 ), following the procedures set out in that form.

      (Eff. 1/01/09)

    • D. EX PARTE APPLICATION TO BE RELIEVED AS COUNSEL FOR MINOR CHILD

      Appointed counsel may apply via an ex parte application and order to be relieved as the counsel for minor child.  The attorney for the minor(s) shall serve the parties or attorneys for the parties the Ex Parte Application and Order to be Relieved as Counsel for Minor Child (attached form FM-1187) along with a blank Response to Application to be Relieved as Counsel for Minor Child (attached form FM-1188).   Parties or attorneys for the parties will have 21 calendar days from date of the application to respond to the request.  Responses shall be served on the counsel for the minor child and all other parties. If no response is received, the court may grant the request if good cause exists. 

      If a response is received and the party or counsel for a party objects to the request to be relieved, a Status Conference may be set by the court to consider the objection.

      (Eff. 07/01/19)

 

Family Rules of Court: Summary - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - Appendix: A - B - C
List of attached Family local forms

 

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