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Rule 303. Assignment and Appointment of an Attorney; Advisory Attorney

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: January 1, 2023

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part III. Child Dependency and Guardianship, Termination of Parental Rights
1. General Provisions; Parties and Participants
Effective: January 1, 2023
17B A.R.S. Juv.Ct.Rules of Proc., Rule 303
Formerly cited as AZ ST JUV CT Rule 38
Rule 303. Assignment and Appointment of an Attorney; Advisory Attorney
Currentness
(a) Assignment of an Attorney.
(1) Assignment. The court must assign an attorney in a dependency proceeding to persons who are entitled to representation by law, including ICWA.
(2) Duration. The assigned attorney must provide representation from notice of the assignment until the court formally appoints or otherwise relieves the assigned attorney.
(3) Limitation. The assigned attorney is not attorney of record for purposes of accepting service of process for a parent who has never appeared in the proceeding unless the parent, after communication with the assigned attorney, authorizes the attorney in writing to accept service or the attorney avows on the record that the parent expressly authorized the attorney to accept service.
(b) Appointment of an Attorney for a Parent or Guardian. The court must appoint an attorney for an indigent person in a dependency proceeding who is entitled to an attorney under A.R.S. ยง 8-221. In determining whether a person is indigent, the court may order the person to provide proof of financial resources by completing and filing the court's financial questionnaire. The court also may question the person under oath concerning their financial resources. If the court determines the person is not indigent, the court may order the person to pay a reasonable portion of the cost of an attorney, or it may deny the request to appoint an attorney.
(c) Appointment of an Attorney for a Child. The child's attorney provides legal representation for a child. Children in dependency and termination cases are entitled to a court-appointed attorney. The appointment of a child's attorney should be made as soon as practicable to ensure effective representation of the child and, in any event, before the first court hearing. The child's attorney owes the same duties, including undivided loyalty, confidentiality, and competent representation, to the child as is due an adult client. The child's attorney is not a GAL.
(d) Manner of Appointment. The court must enter an order assigning, appointing, or denying a person an attorney or GAL.
(e) Advisory Attorney. If authorized by a county, an attorney may be assigned to provide legal advice to a parent, guardian, or child before a petition is filed.

Credits

Added Dec. 8, 2021, effective July 1, 2022. Amended on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 303, AZ ST JUV CT Rule 303
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
End of Document