Court Business
| Publication year | 2014 |
| Pages | 103 |
From the Courts
Court Business
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. To obtain a copy of attachments, contact: Court Services Division, Colorado Office of the State Court Administrator, visit www. courts, state, co. us/Courts/Supreme_Court/Directives/Index.cfm.
CJD 04-05
Appointment and Payment Procedures for Court-Appointed Counsel Pursuant to Titles 12, 13, 14, 15, 19 (Dependency and Neglect Only), 22, 27, and Guardians ad Litem, Child and Family Investigators, and Court Visitors Paid by the State Court Administrator's Office Amended and Adopted
This policy is adopted to assist the administration of justice with respect to the following appointments:
• Appointment of counsel for children and adults under Titles 12, 13, 15, 19 (dependency and neglect only), 22, and 27;
• Appointment and training of guardians ad litem and court visitors appointed on behalf of wards or impaired adults in all cases;
• Appointment of non-attorney child and family investigators in the best interest of children pursuant to § 14-10-116.5, C.R.S. For additional policies addressing guidelines for payment, practice standards, guidelines for appointment, complaint process, eligibility, sanctions and the court's authority, role, and responsibilities related to all child and family investigators (attorney, non-attorneys, private paid and state paid) refer to Chief Justice Directive 04-08 and Chief Justice Directive 04-06. This Chief Justice Directive 04-05 provides payment policies governing child and family investigators appointed for indigent parties and paid by the state.
This policy does not cover appointments made pursuant to Titles 16 and 18, nor appointments of counsel in juvenile delinquency matters pursuant to Title 19, nor appointments of guardians ad litem for minors, attorney child and family investigators and child's legal representatives (Office of the Child's Representative (OCR) appointments). For information concerning criminal and juvenile delinquency appointments refer to Chief Justice Directive 04-04, and for state paid attorneys appointed in the best interest of children and paid by the , refer to Chief Justice Directive 04-06.
I. Statutory Authority
A. The federal and state constitutions and various Colorado statutes provide authority for the appointment of counsel, guardians ad litem (GAL), child and family investigators, and court visitors in certain legal actions.
B. State funds are appropriated to the Judicial Department 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. Eligibility Determination
A. The person for whom representation is requested or, in the case of children, the responsible party, must be indigent to qualify for court-appointed representation at state expense pursuant to Titles 14, 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.
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 JDF208 ("Application for Public Defender, Court-Appointed Counsel or Guardian ad litem") signed under oath, before an appointment of counsel at state expense may be considered. Form JDF208 must be completed for the appointment of counsel at state expense in all cases except mental health cases under Title 27, guardianship and protective proceeding cases under Title 15 in which the respondent refuses to or is unable to supply the necessary information, cases in which a minor is requesting counsel for judicial bypass proceedings pursuant to § 12-37.5-107(2)(b), C.R.S. Pursuant to § 13-90-208, C.R.S. a person who is deaf or hard of hearing may have access to counsel for advice on whether to execute a waiver of state funded interpreter services.
D. For appointments under Title 15 and some appointments under Title 27 where the court believes that the person needs the assistance of counsel and is unable to obtain counsel, the person for whom representation is requested or, in the case of children, the responsible party, need not be indigent to qualify for court-appointed representation at state expense. If it is later determined that the person's estate has sufficient resources to pay attorney fees, those fees shall be assessed to the respondent's estate.
E. If, in the interest 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.
F. An attorney or other person appointed by the court on the basis of one or more party's inability to pay the costs of the appointment shall provide timely notice to the court in the event financial related information is discovered that would reasonably call into question the party's inability to pay such costs. The court shall have the discretion to reassess indigence, and for purposes of possible reimbursement to the state, the provisions of Section V. of this Chief Justice Directive shall apply. Based upon a reassessment of a party's financial circumstances, the court may terminate a state-paid appointment, require reimbursement to the State of Colorado of all or part of the costs incurred or to be incurred, or continue the appointment in its current pay status.
III. Guidelines for Appointment of Counsel, GAL (for Adults), Non-Attorney Child and Family Investigators, and Court Visitors
The Clerk of Court or the District Administrator shall maintain a list of qualified persons from which appointments will be made under this section. The order of appointment shall specify:
1. The authority under which the appointment is made;
2. Reason(s) for the appointment;
3. Scope of the duties to be performed; and
4. Terms and method of compensation (including indigency status).
See Attachments B (Form JDF209) and C (Form JDF210). See Chief Justice Directive 04-08 guidelines for the appointment of child and family investigators.
A. Appointments of Counsel
Appointments may be made under flat fee or hourly contracts developed by the Judicial Department, or if necessary to meet the jurisdiction's needs, on a non-contract hourly fee basis. Any attorney not under contract with the Department who requests appointments must submit to the Chief Judge a request with an affidavit of qualifications for such appointments. The Chief Judge, in his or her discretion, may approve additions to the list of non-contract attorneys at any time. An attorney not under contract with the Judicial Department must submit an updated affidavit to the chief judge every three years to ensure that he or she is maintaining his or her qualifications for such appointments. The judge or magistrate shall consider the number of an attorney's active cases, the qualifications of the attorney, and the needs of the party to be represented when making appointments.
1. Appointment of Counsel for Respondent in Dependency and Neglect Proceedings: Counsel shall be appointed for an indigent parent or guardian in dependency and neglect proceedings as provided under Title 19.
2. Appointment of Counsel for Involuntary or Emergency Alcohol/Drug Commitment Proceedings: Counsel appointments to provide legal representation to eligible persons shall be in accordance with the provisions under Title 27, Articles 81 and 82, as amended.
3. Appointment of Counsel for Care and Treatment of Mentally III: Counsel appointments to provide legal representation to eligible persons shall be in accordance with the provisions under Title 27, Article 65, as amended.
4. Appointment of Counsel for Probate, Trusts, and Fiduciaries: Counsel appointments to provide legal representation to eligible persons shall be in accordance with provisions under Title 15, Article 14, as amended.
5. Appointment of Counsel for a Juvenile or Parent in Truancy Proceedings: Counsel may be appointed for a child, or the parent/guardian of said child, in a truancy matter under Title 22 if adjudication is previously entered and the child and/or...
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