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Local Family Rules of Court

FAMILY RULE 9 COUNSEL FOR MINOR CHILDREN

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 California Rules of Court, 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. 7/01/09)

B. COMPLAINT PROCEDURE

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)

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