Court Business
| Publication year | 2013 |
| Pages | 99 |
| Citation | Vol. 42 No. 6 Pg. 99 |
By Michael L. Bender, Chief Justice, Colorado Supreme Court
From the Courts
Visit the related court’s website for complete text of rule changes or proposed rule changes issued by the court. Each court’s website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submitted by the court and has not been edited by the staff of The Colorado Lawyer.
Colorado Judicial Department Chief Justice of the Supreme Court Directives
Notice of Availability
Chief Justice Directives (CJDs) are available online at www.courts.state.co.us/Courts/Supreme_Court /Directives/Index.cfm. The website lists CJDs by date and allows users to search by topic. Hard copies of the CJDs are available for $.25 per page (approximately $125 for a full set) and may be obtained through the Colorado Office of the State Court Administrator, www.courts.state.co.us/Administration/Index.cfm.
Publication in The Colorado Lawyer
CJDs will be published on a space-available basis in this “Court Business” section of The Colorado Lawyer. Attachments may be omitted for space reasons. To obtain a copy of attachments, visit the Court Services Division, Colorado Office of the State Court Administrator, www.courts.state.co.us/Courts /Supreme_Court/Directives/Index.cfm.
CJD 04-04
Income Eligibility Guidelines
Attachment B
Revised March 2013
CJD 04-05
Attachment A
Procedures for the Determination of Eligibility for Court-Appointed Counsel and Guardian ad Litem Representation on the Basis of Indigency
Revised March 2013
Indigency Determination
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 such an appointment may be considered by the court. Form IDF 208 must be completed for the appointment of counsel at state expense in all cases except mental health cases under Title 27 in which the respondent refuses to or is unable to supply the necessary information and cases in which a minor is requesting counsel for judicial bypass proceedings pursuant to § 12-37.5-107(2)(b), C.R.S.
Procedures for the Determination of Indigency
• Completion of Form JDF 208 by Applicant
Persons applying for state paid counsel or guardian ad litem representation must complete, or have completed on their behalf, the Application for Court-Appointed Counsel, form IDF 208, and submit it to the court.
• Review of Financial rmation by Court Personnel
Court personnel shall review the applicant's information on form IDF 208 to determine whether or not the applicant is indigent on the basis of three factors:
• Income [1]
• Liquid assets [2]
• Expenses [3]
Criteria for Indigency
An applicant qualifies for court appointed counsel or guardian ad litem on the basis of indigency if his or her financial circumstances meet either set of criteria described below.
1. Income is at or below guidelines/Liquid assets equal $0 to $1, 500
• If the applicant’s income is at or below the income eligibility guidelines and he or she has liquid assets of $1, 500 or less, as determined on form JDF 208, the applicant is indigent and eligible for court appointed counsel or guardian ad litem representation at state expense.
2. Income is up to 25% above guidelines/Liquid assets equal $0 to $1, 500 / Monthly expenses equal or exceed monthly income
• If the applicant’s income is up to 25% above the income eligibility guidelines; the applicant has assets of $1, 500 or less; and the applicant’s monthly expenses equal or exceed monthly income, as determined on form JDF 208, the applicant is indigent and eligible for court appointed counsel or guardian ad litem representation.
In cases where the criteria above are not met but extraordinary circumstances exist, the court may find the applicant indigent. In such cases, the court shall enter a written order setting forth the reasons for the finding of indigency
CJD 04-06
Court Appointments Through the Office of the Child’s Representative Revised March 2013
Court Appointments Through the Office of the Child’s Representative
The following policy is adopted to assist the administration of justice through the appointment and training of Guardians ad Litem (GALs), attorney Child and Family Investigators and Child’s Representatives appointed on behalf of minors/children, as well as attorneys appointed as counsel for children subject to dependency and neglect proceedings. Non-attorney Child and Family Investigators, adult GAL appointments, and any other juvenile attorney client appointments fall under the provisions of Chief Justice Directive 04-05.
I. Authorities
A. Article 91 of Title 13 established the Office of the Child’s Representative (OCR) and the various statutory requirements of the OCR.
B. The OCR shall be responsible for the following:
• Provision of (GAL) services in dependency and neglect proceedings under Title 19.
• Provision of GAL services for a respondent parent in dependency and neglect proceedings under Title 19 when that parent is a minor.
• Provision of counsel services for children subject to dependency and neglect proceedings.
• Provision of GAL services in delinquency matters under Title 19.
• Provision of GAL services in adoption proceedings under Title 19 when one or more parties qualify as indigent.
• Provision of GAL services for a child charged or prosecuted as an adult pursuant to Section 19-2-517, C.R.S. or Section 19-2-518, C.R.S.
• Provision of GAL services in paternity and support matters brought under Title 19 when one or more parties qualify as indigent.
• Provision of GAL services to minors in alcohol or drug abuse proceedings under Title 25.
• Provision of GAL services to minors in mental health proceedings under Title 27.
• Provision of GAL services to minors in probate proceedings under Title 15 when the parties are indigent.
• Provision of GAL services to minors involved in truancy proceedings under Titles 19 and 22.
•Provision of Child’s Representative services or attorney Child and Family
•Investigator services in domestic relations cases under Title 14, when one or more parties qualify as indigent.
•Provision of services in any other GAL, Child’s Representative or attorney Child and Family Investigator appointments where authorized, by statute or inherent authority, to act in or in representation of the best interests of a minor.
C. State funds are appropriated to the OCR to fund all statutorily authorized appointments, costs associated therewith and the various responsibilities that fall under the purview of that office pursuant to Section 13-91-102(2), C.R.S.
II. OCR Authority and Responsibilities
A. The OCR’s authority and responsibilities include, but are not limited to: ensure and enhance competent representation of a child’s best interests in a cost-effective manner, which includes training and monitoring of services rendered; the exclusive authority and discretion to select and contract with attorneys to provide state-paid GAL, Child’s Representative, attorney Child and Family Investigator services, and counsel services for children subject to dependency and neglect proceedings, including the authority to reject attorneys for any reason; the authority to terminate, at will, contracts and existing court appointments as determined by the OCR; and the responsibility to provide oversight of and accountability for state-paid GAL, Child’s Representative and attorney Child and Family Investigator services for the benefit of Colorado’s children, as well as attorneys appointed as counsel for children subject to dependency and neglect proceedings, including investigation and resolution of complaints regarding attorneys who contract with the OCR.
B. The OCR shall maintain and provide to the courts, on an ongoing basis, a list of qualified attorneys to whom appointments may be given. The courts shall appoint from this list. It is within the OCR’s sole discretion to determine which attorneys are placed on the appointment list. A court is not required to use all attorneys on the list but only those it chooses to appoint. The OCR will not process payment for services of attorneys with whom the OCR does not have a contract and who are not on the OCR list. Should any unusual, exceptional or emergency circumstances present the need for the appointment of an attorney not listed as an OCR-qualified attorney, the court shall contact the OCR for approval prior to the appointment of that attorney. The OCR shall provide a prompt response to the court’s request.
III. Authority and Requirement for Appointments through the OCR
A. A GAL shall be appointed for a child in a dependency and neglect action pursuant to Title 19. The GAL’s appointment shall continue until the entry of a final decree of adoption or until the jurisdiction of the juvenile court is terminated either by operation of law or by court order.
B. Pursuant to Title 19, an attorney may be appointed as counsel for child subject to a dependency and neglect proceeding in addition to the GAL if the court finds that the appointment is in the best interests and welfare of the child.
C. Pursuant to Title 19, a GAL may be appointed in a delinquency proceeding if: no parent, guardian or other adult set forth in Section 19-1-111(2)(a), C.R.S. appears at the first or subsequent hearing; the Court finds a conflict of interest between the child and the parent, guardian or other adult set forth in Section 19-1- 111(2)(a), C.R.S.; or the court finds that a GAL appointment will serve the best...
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