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FCRPP 36 Appointment and retention

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
IX. Court-Appointed Counsel
Kentucky Family Rules of Practice and Procedure FCRPP 36
FCRPP 36 Appointment and retention
(1) Each judge shall keep a list of approved court-appointed attorneys. The attorney list shall include each attorney's phone number, physical address, and electronic mail address. Attorneys shall be responsible for updating the judge with any changes to required information.
(2) Each judge's list should be open to any attorney who is in good standing, satisfies the requirements of these rules, and requests to serve. No attorney shall be appointed exclusively as guardian ad litem or as an attorney representing an adult.
(3) Courts may impose sanctions, including removal from the appointment list and any active cases, on any attorney who does not comply with these rules. The court shall not remove an attorney from an active case if doing so would harm the client.
(4) Except for guardians ad litem, courts shall not appoint counsel unless the file contains a completed AOC-DNA-11 (Financial Statement, Affidavit of Indigence, Request for Counsel, and Order (DNA/TPR Cases)), and the court has reviewed the form. An exception to this rule shall be if the court takes sworn proof on the record regarding the party's alleged indigency and makes a specific written finding that the party seeking counsel is indigent. In that event, the party must complete the AOC-DNA-11 form and file that form into the record within five business days following the appointment or the appointment shall be vacated. This rule is not applicable to warning order attorney service under Civil Rule 17.
(5) Judges shall review their attorney lists at least every four years.
(6) Each judge shall make his/her attorney list available to the public upon verbal request.
(7) Judges, or their designated clerk, shall appoint counsel sequentially from the list unless:
(a) Another attorney has previously represented that person;
(b) Appointing the attorney would create a conflict; or
(c) The specific and unique circumstances of a party requires, in the interest of justice, that a non-sequential attorney be appointed who has specific and identifiable attributes which would best fit the party's circumstances.

Credits

HISTORY: Adopted by Order 2020-1, eff. 2-1-20

Editors' Notes

COMMENTARY
Any proceeding with multiple children pending with a common parent(s) with concurrent actions pending should be considered one case, which also includes situations in which there have been multiple petitions adjudicated and disposed of simultaneously involving the same child or children. A proceeding shall be considered active for purposes of this rule from the filing of the petition until permanency is achieved.
FCRPP 36(4) is not intended to prevent courts from coordinating potential representation to appear at the initial hearing as potential appointees.
FCRPP 36(7)(c) is not intended as a mechanism for unnecessary selective appointments. It is intended to be a mechanism for appointing attorneys in certain rare circumstances in which the client's interests could be harmed by the appointment of the next sequential attorney. For instance, the provision might be applicable for appointing an attorney of the same sex to represent a child who was sexually assaulted by someone of the opposite sex.
KY Family Court Rules FCRPP 36, KY ST FAM CT FCRPP 36
Current with amendments received through May 1, 2020.
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