Chief Justice Directives

• Publication year: 1997
• Pages: 133

26 Colo.Law. 133 Colorado Lawyer 1997.

1997, November, Pg. 133. Chief Justice Directives

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133

Vol.26, No. 11, Pg. 133

The Colorado Lawyer
November 1997
Vol. 26, No. 11 [Page 133]

From the Courts
Court Business
Chief Justice Directives

Supreme Court of Colorado
Office of the Chief Justice

Directive Concerning Court Appointment of Guardians Ad Litem and
Other Representatives and Of Counsel for Children and Indigent Persons in Titles 14, 15, 19
(Dependency and Neglect Only), 22 and 27

The following policy is adopted effective August 1, 1997, to assist the administration of justice through (1) the appointment and training of guardians ad litem, special advocates or other representatives appointed on behalf of child(ren), wards, or impaired adults in all cases and (2) the appointment of counsel for children and adults under Titles 14, 15, 19 (dependency and neglect only), 22, and 27 This policy does not cover appointments made pursuant to Titles 16 and 18 or appointments of counsel in juvenile delinquency matters pursuant to Title 19. Appointment of counsel in juvenile delinquency matters is addressed in Chief Justice Directive 97-01

I. Statutory Authority

A. The federal and state constitutions and various Colorado statutes provide authority for the appointment of guardians ad litem, child representatives and counsel, and counsel for adults for indigent persons in certain civil actions

B. State funds are appropriated to the Judicial Branch to provide for representation in dependency and neglect cases and in certain other cases in which the party represented, or the party's parent or legal guardian, is determined to be indigent.

II. Determination of Indigency

A. A person must be indigent to qualify for court-appointed representation at state expense pursuant to Titles 14, 15, 22, and 27 and for representation of respondents in a dependency and neglect action under Title 19. Such person(s) must also be indigent for the court to authorize payment of certain costs and expenses. The parent or legal guardian of a child in a dependency and neglect action under Title 19 need not be indigent for the appointment of a guardian ad litem for the child.

B. An indigent person is one whose financial circumstances fall within the fiscal standards set forth in Attachment A.

C. All persons requesting court-appointed representation to be paid by the state on the basis of indigency must complete, or have completed on their behalf, application form JDF 208 ("Application for Court-Appointed Counsel or Guardian ad Litem") signed under oath, before an appointment of counsel at state expense may be considered by the court. Form JDF 208 must be completed for the appointment of a guardian ad litem at state expense in all cases except dependency and neglect cases under Title 19.

D. If, in the best interests of justice, a tentative appointment of legal counsel or a guardian ad litem for the party is necessary, such appointment may be made pending a final decision regarding indigency. If a review of a person's application shows that the person is not indigent and the person is not qualified to have court-appointed representation at state expense, the court may order the person to reimburse the state for any justifiable fees and expenses as a result of representation provided from a tentative appointment of legal counsel or a guardian ad litem.

III. Appointment of Guardians ad Litem, Special Advocates, and Other Representatives

A. A guardian ad litem must be appointed for a child in a dependency and neglect action pursuant to Title 19, regardless of a determination of indigency.

B. A guardian ad litem may be appointed in the child's best interest for a child in a truancy action pursuant to Title 22, a juvenile delinquency action pursuant to Title 19, or for a juvenile charged as an adult in a criminal case, pursuant to Title 19.

C. An attorney representative or special advocate may be appointed in the child's best interest for a child in a domestic relations case pursuant to Title 14. The court shall enter an order for costs, fees, and disbursements against any or all of the parties.

D. A guardian ad litem may be appointed for a parent or guardian in dependency and neglect proceedings who has been determined to be mentally ill or developmentally disabled, unless a conservator has been appointed, pursuant to Title 19.

E. In formal proceedings involving trusts or estates of decedents, minors, protected persons, and in judicially supervised settlements pursuant to Title 15, a guardian ad litem or court...