RULE 7 ATTORNEY’S FEES AND EXPENSES

7.01 A party seeking an award for payment of attorney’s fees for retained counsel shall do so by a written motion or other pleading, accompanied by a notice of hearing, pursuant to these rules, the Rules of Civil Procedure and the Rules of Juvenile Procedure. A motion for attorney’s fees may be combined with requests for other relief.

7.02 In cases of court appointed counsel or Attorney Guardian ad litem paid at county expense, the attorney accepting the appointment shall be supplied with a packet of information including the order of appointment, the affidavit of indigence, a fee schedule and directions and the forms necessary for payment of fees and expenses. A copy of the fee schedule is included in the Appendix.

Any request for fees in excess of the amount set by the fee schedule shall be accompanied by a Motion and Memorandum detailing the necessity for payment of extraordinary fees and an entry granting the same. The Court shall review each request for extraordinary fees and shall exercise its discretion in approving or denying the request. Any request for fees that exceed the amounts set by the fee schedule that is not accompanied by a Motion and Memorandum for extraordinary fees shall be reimbursed at no more than the maximum permitted under the fee schedule.

All fee requests shall be submitted within thirty (30) days of the last court activity. Failure to submit a timely request could result in the disallowance of all or a part of the fee requested.

7.03 In private cases, the Guardian ad litem shall be paid in accordance with the provisions of the order of appointment. A deposit shall be required by the party/parties before the Guardian ad litem begins their investigation. The Guardian ad litem shall submit a Motion itemizing the services rendered and an Order releasing the deposit for the Guardian ad litem’s fee and payment of any additional fees and/or expenses.

7.04 Guardians ad litem from CASA/GAL of Miami County, Inc. shall be appointed as at the Court’s discretion in abuse, neglect and dependency cases and/or when the disposition requested is Planned Permanent Living Arrangement or Permanent Custody to Miami County Children’s Services Board.



RULE 8 JUDGMENT ENTRIES

8.01 In cases where complaints, counterclaims and motions have been settled and an attorney has been required to submit a judgment entry, the judgment entry shall be submitted to the Court within twenty (20) days of the hearing date, unless an extension of time is granted. Failure to comply with this rule may result in the automatic dismissal of the complaint, counterclaim or motion by the Court.

8.02 The Court may order either counsel to prepare the judgment entry setting forth the agreement of the parties. Said judgment entry shall be submitted to opposing counsel or party if pro se prior to the submission to the Court. If counsel and/or pro se litigant are unable to agree upon the judgment entry, opposing counsel or pro se litigant shall notify, within five days of receipt of the entry, the attorney who prepared the entry. Thereafter, counsel for opposing parties or pro se litigant may submit a proposed entry to the Court for review. The Court will then direct which entry is to be filed. A judgment entry sent for signature which is not returned within five (5) days may be submitted to the Court without signature of the opposing counsel or party, if the agreement was read into the record. A copy of the transmittal letter indicating the date sent to opposing counsel or party shall accompany all judgment entries not signed by the parties or legal counsel.

8.03 If the agreement was not read into the record and a consent entry cannot be agreed upon, counsel should seek a new hearing date within the time period for filing the agreed entry.

8.04 Should a judgment entry not be timely filed in accordance with 8.01 above, the Court may dismiss the pending complaint, counterclaim or motion without further hearing. Should a matter be so dismissed and the parties wish to submit an entry thereafter, counsel shall, within thirty (30) days, submit accompany the judgment entry on the substantive issues with a Motion to Vacate the Dismissal and an entry granting the same.

8.05 In cases where an agreement is submitted to the Court upon the filing of a Complaint or other Motion, and not all parties are represented by counsel, the matter will be set for hearing to advise the unrepresented party of their right to counsel and to ascertain the knowing and voluntary consent to the agreement.


RULE 9 GUARDIANS AD LITEM (NON CASA/GAL)

9.01 The Court shall appoint a Guardian ad litem when it finds it necessary and appropriate to protect the interests of a child (ren) or when required to do so by statute or rule.

9.02 The role of the Guardian ad litem is to assist the Court and to represent the best interest of the child (ren). Should it appear that the child (ren)’s best interest and the child (ren)’s desires are in conflict, the Guardian ad litem shall file a motion with the Court requesting that an attorney be appointed to represent the child (ren).

9.03 The Guardian ad litem shall have full access to Court records.

9.04 The Guardian ad litem may engage in discovery, request physical,
psychological or psychiatric evaluations and subpoena and examine independent witnesses.

9.05 The Guardian ad litem shall perform an appropriate investigation upon appointment. As the feasibility of some of the duties will depend on the age of the child (ren) and the specific circumstances of each case, it is within the discretion of the Guardian ad litem to tailor each of the following duties to the individual case:

A. Interview each parent or party separately (or state in the report why such interviews were unnecessary or impractical).

B. Interview the child (ren) separately (or state in the report why such interviews were unnecessary or impractical).

C. Observe the child (ren)’s interaction with each parent or party seeking custody.

D. Investigate all significant persons and interview them independently, either in person or by telephone.

E. Review the pleadings and consult with each attorney as to position and issues.

F. Contact any mental health providers involved in the case.

G. Contact the child (ren)’s school or preschool.

H. Review the child (ren)’s records from school, courts, health care providers, child protection agencies, etc.

I. Perform appropriate home visits (this can be combined with interviews or observations).

J. Evaluate the necessity of psychological evaluations or counseling.

K. Communicate with caseworker, if Children’s Services is involved.

L. Attend all hearings concerning the child (ren).

M. File all motions or other pleadings necessary to further the child (ren)’s best interest.

9.06 The Guardian ad litem is the legal representative of the child (ren) and is entitled to notice of all hearings and shall be forwarded copies of any and all filings made by other parties to the action. Counsel for other parties to the action or in other proceedings shall not communicate with the child (ren) without the consent of the Guardian ad litem.

9.07 Unless otherwise directed by the Court, the Guardian ad litem shall prepare a written report, filed with the Court not less than three (3) days prior to the pretrial hearing. The Guardian ad litem’s report shall be available to counsel pursuant to statute or rule. The Guardian ad litem’s report is considered confidential.

9.08 If the Guardian ad litem becomes aware of a conflict of interest with his/her appointment, he or she shall file the appropriate motion.

9.10 Absent objection or appeal, the duties of the Guardian ad litem appointed in a private case shall not extend beyond thirty (30) days following the journalization of the final judgment entry that concludes the matter.

In cases of abuse, neglect and dependency, the duties of the Guardian ad litem extend until the child is returned to the legal custody of a parent or third party without an order of protective supervision, or for a child who is in planned permanent living arrangement or permanent custody of Children’s Services, until the child is adopted or emancipated.