(A) The Court shall maintain a list of attorneys willing to accept appointments for Probate Court cases. The Court appointment list shall consist of the following individuals: (1) attorneys who will represent indigent wards in guardianship and adult protective cases; (2) attorneys who will serve as counsel for individuals alleged to be mentally ill; (3) attorneys who will represent indigent parents in adoption cases where parental consent is voluntary or alleged to be not required and (4) attorneys who are willing to represent indigent individuals where representation is required by the Ohio Constitution, Ohio Law, Rule of Court or otherwise deemed necessary by the inherent authority of the Court.
(B) Attorneys desiring to be placed on the appointment list shall submit a written request along with a certificate of good standing directed to the Chief Deputy Clerk. The letter shall set forth the skills, expertise, types of prior cases handled, educational training and experience of the attorney and the types of cases for which appointment is sought. Proof of education and training shall be provided by December 31st of each year thereafter. Failure to submit proof of continuing education and training will result in 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.
(C) 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 attorney who accepts an appointment may be required to provide a list of trial experience, including the county, court, case name and number, and whether the case was a jury trial or bench trial upon request of the court at any time.
(D) 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.
(E) Rates of compensation for appointed counsel shall be as determined from time to time by the Court at the rates that are established by the Board of Brown County Commissioners for representation of indigent defendants. In addition, necessary and reasonable expenses may be allowed for such items as expert witness fees, long distance telephone calls, photocopying, and certain travel expenses, so long as prior approval of the Judge 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 attorney’s letterhead. Failure to file the expense report within 30 days will result in no payment.
(F) 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.
(G) This rule shall not apply to appointments made for guardian ad litems, guardians, conservators, mediators, investigators, special master commissioners, psychologists, interpreters, or other experts in a case following independent formal or informal recommendations to the court or judicial officer by the litigants.
