Cuyahoga County Juvenile Court - Assigned Councel & G.A.L. Fee Bill Policy

1.)	THE PROCESSING OF ALL FEE BILLS SHALL BE GOVERNED BY LOCAL RULE 17, THE SCHEDULE OF ASSIGNED COUNSEL FEES EFFECTIVE ON 7-24-02, AND THIS POLICY.
2.)	FEE BILLS SHALL BE SUBMITTED ON THE FORM APPROVED BY THE OHIO PUBLIC DEFENDER, BE SIGNED IN BLUE INK, AND FILED IN THE MANNER AS INDICATED BELOW. ITEMIZED TIME ENTRIES ARE TO BE KEPT IN TENTH OF AN HOUR INCREMENTS. FEE BILLS ARE TO BE FILED WITH THE CLERK OF THE COURT, EITHER IN PERSON OR BY MAIL. IF THE FEE BILL IS FILED BY MAIL, RISK OF LOSS REMAINS WITH COUNSEL. INCOMPLETE FEE BILLS WILL BE RETURNED TO THE ATTORNEY FOR COMPLETION AND REFILING WITHIN THE TIME LIMITS SET FORTH IN THIS POLICY.
	A.)	ASSIGNED COUNSEL:
		1.)	MOTIONS FOR APPOINTED COUNSEL FEES SHALL BE SUBMITTED ON AN ORIGINAL FEE BILL FORM WITH TWO COPIES.
		2.)	A COPY OF A DATED APPOINTMENT ORDER AND AFFIDAVIT OF INDIGENCY, SIGNED BY THE CLIENT, SHALL BE ATTACHED TO THE FEE BILL.
		3.)	IN DELINQUENCY AND UNRULY CASES, A COPY OF THE COMPLAINT SHALL BE ATTACHED TO THE MOTION FOR APPOINTED COUNSEL FEES.
	B.)	GUARDIAN AD LITEM:
		1.)	MOTIONS FOR APPOINTED COUNSEL FEES SHALL BE SUBMITTED ON AN ORIGINAL FEE BILL FORM WITH TWO COPIES.
		2.)	A COPY OF A DATED APPOINTMENT ORDER SHALL BE ATTACHED TO THE FEE BILL.
3.)	ALL MOTIONS FOR APPOINTED COUNSEL FEES MUST BE FILED WITH THE NECESSARY DOCUMENTS STAPLED TOGETHER IN THE FOLLOWING ORDER:
	A.)	THE ORIGINAL:
		1.)	FRONT PAGE OF THE MOTION, ENTRY AND CERTIFICATION
		2.)	ITEMIZED FEE STATEMENT
		3.)	AFFIDAVIT OF INDIGENCY – SIGNATURE PAGE
		4.)	FINANCIAL DISCLOSURE
	B.)	COPIES:
		1.)	FRONT PAGE OF THE MOTION, ENTRY AND CERTIFICATION
		2.)	ITEMIZED FEE STATEMENT
		3.)	AFFIDAVIT OF INDIGENCY – SIGNATURE PAGE
		4.)	FINANCIAL DISCLOSURE
	C.)	OTHER NECESSARY DOCUMENTS:
		1.)	FILE ONE APPOINTMENT ORDER
		2.)	FOR DELINQUENCY CASES, FILE ONE COMPLAINT FOR EACH CHARGE
4.)	MOTIONS FOR APPOINTED COUNSEL FEES MUST BE SUBMITTED WITHIN THIRTY (30) DAYS AFTER NOTIFICATION OF ENTRY OF DISPOSITION. THE ISSUANCE OF AN ARREST WARRANT SHALL BE CONSIDERED A “DISPOSITION.” IN THE EVENT THAT THE SUBJECT IS TAKEN INTO CUSTODY AND FURTHER HEARINGS ARE CONDUCTED BY THE COURT, COUNSEL MAY SUBMIT A SUBSEQUENT FEE BILL FOR AN AMOUNT THAT WHEN ADDED TO THE INITIAL FEE RECEIVED, DOES NOT EXCEED THE MAXIMUM FEE PERMITTED IN THE CASE.
5.)	MOTIONS FOR APPOINTED COUNSEL FEES SUBMITTED BEYOND THIRTY (30) DAYS AFTER ENTRY OF FINAL DISPOSITION WILL BE REDUCED BY FIFTY PERCENT (50%). EXCEPTIONS TO THE THIRTY (30) - DAY TIME LIMIT RULE WILL BE PERMITTED ONLY IN EXTRAORDINARY CIRCUMSTANCES, AND EXCEPTIONS SHALL BE GRANTED ONLY WITH THE APPROVAL OF THE ADMINISTRATIVE JUDGE.
6.)	IN DELINQUENCY MATTERS, AN ATTORNEY IS ENTITLED TO ONE FEE PER APPOINTMENT ORDER. THE FEE WILL BE DETERMINED BY CONSIDERING THE MOST SERIOUS COUNT OR CHARGE. WHEN DISPOSITION IS HELD AND THE CHILD HAS MULTIPLE FILES, IN ADDITION TO BEING ELIGIBLE FOR THE MAXIMUM FEE RELATIVE TO THE MOST SERIOUS OFFENSE, COUNSEL WILL BE ENTITLED TO A MINIMUM FEE FOR THE MOST SERIOUS OFFENSE WITH RESPECT TO OTHER CASE NUMBERS. WHEN A DEPENDENCY, NEGLECT OR ABUSE CASE HAS MULTIPLE NUMBERS BECAUSE MULTIPLE CHILDREN ARE THE SUBJECTS OF THE COMPLAINT, AN ATTORNEY IS ENTITLED TO ONE FEE. A CASE IS CONSIDERED TO BE “ONE CASE” IF THERE ARE MULTIPLE FILE NUMBERS ON A CASE FILE. COUNSEL MAY CLAIM A SECOND FEE WHEN THERE IS A REFILING OF THE ORIGINAL COMPLAINT OR A NEW FILING ON A SIBLING NOT INCLUDED IN THE ORIGINAL ACTION. IN PARENT – CHILD RELATIONSHIP AND APPLICATION TO DETERMINE SUPPORT CASES INVOLVING THE SAME PARENTS THAT HAVE MULTIPLE FILE JACKETS AND NUMBERS INVOLVING MULTIPLE CHILDREN, THE ATTORNEY WILL BE ENTITLED TO ONE FEE IF THE MATTERS ARE DOCKETED TOGETHER.
7.)	GUARDIANS AD LITEM MAY FILE FOR AN ADDITIONAL $50.00 FEE RELATIVE TO DEPENDENCY, NEGLECT, OR ABUSE CASES IF THEY ATTEND AN ANNUAL CUSTODY REVIEW HEARING. THE ADDITIONAL $50.00 FEE MAY ONLY BE CLAIMED ONCE IN ANY CALENDAR YEAR.
8.)	ASSIGNMENTS RELATIVE TO MOTIONS TO REOPEN CLOSED CASES, COMPLAINTS FOR VIOLATION OF COURT ORDER, MOTIONS THAT INVOKE THE COURT'S CONTINUING JURISDICTION, AND MOTIONS FOR PERMANENT CUSTODY WILL BE CONSIDERED NEW APPOINTMENTS. ASSIGNED COUNSEL AND GUARDIANS AD LITEM MAY CLAIM A NEW FEE UPON THE FILING OF A FEE BILL AND EITHER A NEWLY DATED APPOINTMENT ORDER OR THE SIGNATURE OF THE HEARING OFFICER ON THE FRONT OF THE FEE BILL INDICATING THE FEE IS ASSOCIATED WITH THE MOTION OR COMPLAINT.
9.)	FEES IN EXCESS OF THE FEES INDICATED IN THE SCHEDULE WILL BE PERMITTED ONLY IF COUNSEL FILES A MOTION FOR EXTRAORDINARY FEES ALONG WITH THE FEE BILL. THE MOTION IS TO BE RULED UPON BY THE ASSIGNED JUDGE. IF THE MOTION IS GRANTED, IT MUST BE REFERRED TO THE ADMINISTRATIVE JUDGE FOR APPROVAL.
10.)	ISSUES NOT COVERED BY THIS POLICY, WILL BE RESOLVED BY THE CHIEF MAGISTRATE ON A CASE-BY-CASE BASIS.
SPECIFICS FOR FILING MOTIONS FOR APPOINTED / COUNSEL GAL FEES
1.)	WITH THE EXCEPTION OF THE JUDGMENT ENTRY AND CERTIFICATION, ALL LINES MUST BE COMPLETED. ATTORNEY’S SIGNATURE MUST BE IN BLUE INK.
2.)	ITEMIZED FEE STATEMENT (TIME LOG): ALL LINES MUST BE COMPLETED, INCLUDING THE GRAND TOTAL. THE FIGURES MUST MATCH THE SUMMARY ON PAGE ONE.
3.)	JUDGE CERTIFICATION: (AS YOU RECEIVE THE MOTION, ENTRY, AND CERTIFICATION FOR APPOINTED COUNSEL FEES, THIS IS THE FOURTH PAGE. HOWEVER, YOU MUST SEPARATE IT FROM THE FOUR-PAGE DOCUMENT AND TURN IT OVER SO THAT IT BECOMES PAGE THREE.) IF THE AFFIDAVIT OF INDIGENCY ON PAGE THREE IS NOT COMPLETED, THIS AREA MUST INCLUDE A REASON WHY THERE IS NO SIGNATURE, I.E., THE CLIENT IS A MINOR. THE AFFIDAVIT MUST BE COMPLETED AND NOTARIZED WHEN APPROPRIATE.
4.)	AFFIDAVIT OF INDIGENCY / FINANCIAL DISCLOSURE: (AS YOU RECEIVE THE MOTION, ENTRY, AND CERTIFICTION FOR APPOINTED COUNSEL FEES, THIS IS THE THIRD PAGE. HOWEVER, YOU MUST SEPARATE IT FROM THE FOUR-PAGE DOCUMENT AND TURN IT OVER SO THAT IT BECOMES PAGE FOUR.) THE CHILD’S NAME, CASE NUMBER AND DATE OF BIRTH MUST BE COMPLETED. THIS PAGE MUST BE INCLUDED WHETHER THE FILING IS BEING MADE BY A GUARDIAN AD LITEM OR ASSIGNED COUNSEL. THE TOTALS MUST BE FILLED IN, EVEN IF THE AMOUNT IS ZERO. SUBTOTALS AND THE GRAND TOTAL MUST BE COMPLETED.
TO BE PROCESSED, EACH MOTION FOR APPOINTED COUNSEL FEES MUST HAVE A DISPOSITION DATE!
4-9-01 Rev. 6-14-04