RULE 21. – Appointed Counsel – Brown County Probate and Juvenile Court

The Court shall maintain a list of attorneys willing to accept appointments for Juvenile Court The Court appointment list shall consist of the following individuals: (1) Attorneys who will represent children in delinquency, traffic and unruly cases, and indigent adults in criminal matters and contempt actions other than those specified herein; (2) Attorneys who will serve as counsel for indigent parties in abuse, neglect, and dependency cases; and (3) Attorneys who will represent children charged with a Category One or Category Two delinquency offense and in cases where relinquishment of jurisdiction for the purpose of criminal prosecution is requested.
Attorneys desiring to be placed on any or all appointment lists shall submit a written application provided by the Court along with a certificate of good standing directed to the Chief Deputy Clerk. All attorneys appointed by the Court in unruly, truancy, violation of court order, OVI, delinquency, bindover, serious youthful offender, and appellate cases related thereto and adult criminal cases, shall meet the minimum qualifications for training and experience established by the Ohio State Public Defender in order to qualify for State reimbursement. All CLE hours must be certified by the Ohio Supreme Court Commission on Continuing Legal Education. Proof of education and training shall be submitted with the application and shall be provided annually thereafter. Failure to submit proof of continuing education and training requirements will result in the removal of the attorney from the appointment list. An attorney may request removal from the appointment list by submitting a written request directed to the Chief Deputy Clerk.
The Court shall maintain an individual file for each appointed counsel. Attorneys will be assigned on a rotating basis from the graduated list that pairs the seriousness, complexity and type of case with the qualifications and experience of the person to be appointed. Appointments shall take into account all of the following:
1. The anticipated complexity of the case in which appointment will be made;
2. Any educational, mental health, language, or other challenges facing the party for whom the appointment is made;
3. The relevant experience of those persons available to accept the appointment, including proficiency in a foreign language, familiarity with mental health
  issues, and scientific or other evidence issues;
4. The avoidance of conflicts of interest or other situations that may potentially delay timely completion of the case;
5. Intangible factors, including the court or judicial officers view of a potential appointee’s commitment to providing timely, cost-effective, quality representation to each prospective client.
The Chief Deputy Clerk will review the number of appointments for each counsel twice per year. The equitable appointment of counsel shall be determined by type of case and shall not be aggregated from all types of cases. The appointment of counsel for children in abuse, neglect and dependency cases shall be counted as only one appointment for all children of a family for purposes of determining the equal distribution of appointments.
Rates of compensation for appointed counsel shall be as determined from time to time by the Brown County Board of County Commissioners. In addition, necessary and reasonable expenses may be allowed for such items as expert witness fees, polygraph exams, long distance telephone calls, photocopying, and certain travel expenses, so long as prior approval of the Court is obtained. The Court will not allow for any fixed office overhead expenses, Court transcripts or depositions, except as provided by law. Expenses shall be submitted within 10 days of the final disposition in the case and shall be submitted on the approved forms so that the Court and County can file a claim for state reimbursement. Failure to file the expense report within 30 days will result in no payment.
Requests for extraordinary fees must be made by written motion and should be submitted with supporting information, including all regular billing documents. An award for extraordinary fees will be made only with the approval of the Court.

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RULE 21. – Appointed Counsel

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