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Rule 9 Miscellaneous

Baldwin's Kentucky Revised Statutes Annotated54th Judicial Circuit - Boone and Gallatin Family Court

Baldwin's Kentucky Revised Statutes Annotated
54th Judicial Circuit - Boone and Gallatin Family Court
KY RBGF Rule 9
Rule 9 Miscellaneous
Currentness
901 PROTECTION OF PERSONAL IDENTIFIERS
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters. However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted and keeping and acting as custodian of the unredacted, original copy of the filing for presentation upon order of the Court. As used in this section, “personal identifier” means all but the last four digits of any Social Security number or tax-payer identification number, the month and day of an individual's birth, or the digits of any financial account number.
902 PAYMENTS FOR COURT APPOINTED ATTORNEYS
902.1 Guardians ad Litem in Dependency Neglect, and Abuse cases.
A. Any Guardian ad Litem (GAL) appointed in a Dependency Neglect, and Abuse case seeking payment shall complete form FINGAL-I provided by the Finance and Administration Cabinet and submit it for the Judge's approval.
B. Upon approval by the Judge, the Clerk will mail a copy of the FINGAL-I form to the Finance Cabinet, Room 195, 702 Capitol Avenue, Capitol Annex, Frankfort, Kentucky 40601.
902.2 Warning Order Attorney in Dependency Neglect, and Abuse cases.
Any Warning Order Attorney (WOA) appointed in a Dependency Neglect, and Abuse case seeking payment shall prepare a motion for attorney's fees with attached order, which includes a fee set by the Court, and submit it for the Judge's approval. Motions for compensation shall be accompanied by an affidavit indicating:
A. The statutory basis for appointment;
B. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and
C. That the action or proceedings have been concluded.
902.3 Guardian ad Litem or Friend of the Court in Dissolution and Custody cases.
A. When a Guardian ad Litem (GAL) for a child or a Friend of the Court (FOC) is appointed in a dissolution of marriage or custody case under KRS Chapter 403, an Order Appointing a Guardian ad Litem or Order Appointing Friend of the Court shall be prepared by the Judge's office that specifies the percentage of financial responsibility of each party. The fee awarded at the conclusion of the case shall be determined based on the following:
1. The character of the litigation;
2. The rights in controversy;
3. The nature, duration and extent of the services;
4. The responsibility, industry, diligence, and accomplishment of the guardian;
5. The general methods of evaluating attorney fees; and
6. The allowance for services, if any, in the Court of Appeals.
B. The GAL or FOC shall collect said fees from the parties according to the Order Appointing Guardian ad Litem or Order Appointing Friend of the Court.
902.4 Warning Order Attorney in Dissolution and Custody cases.
The Petitioner in a dissolution or custody case shall pay the Warning Order Attorney (WOA) a fee set by the Court. Any Warning Order Attorney (WOA) seeking payment shall prepare a motion for attorney's fees with an attached order and submit it for the Judge's approval. Motions for compensation shall be accompanied by an affidavit indicating:
A. The statutory basis for appointment;
B. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and
C. That the action or proceedings have been concluded.
902.5 Guardian ad Litem and Warning Order Attorney Fees in cases where the Cabinet for Health and Family Services is the Petitioner.
A. When a Guardian ad Litem represents an inmate in paternity or child support actions and is appointed pursuant to CR 17.04:
1. The GAL shall prepare a motion requesting a specific monetary amount followed by an affidavit itemizing the requested fee. An order shall accompany the motion and said order shall leave a blank for the Judge to fill in the awarded fee. The fee shall be based upon the standards located in B/GFCR 902.3(A).
2. When a Warning Order Attorney is appointed pursuant to CR 4.07 in paternity or child support actions, at the disposition of the case and in accordance with B/GFCR 902.4, the WOA shall prepare a motion for attorney's fees with attached affidavit. An order shall accompany the motion and said order shall leave a blank for the Judge to fill in the awarded fee.
902.6 Guardian ad Litem and Warning Order Attorney Fees in Termination of Parental Rights cases.
A. In Voluntary Termination of Parental Rights cases where the Cabinet for Health and Family Services is made custodian of the child, the GAL shall submit form FINGAL-I as described in Rule 902.1.
B. In Involuntary Termination of Parental Rights cases where the Cabinet for Health and Family Services is the proposed custodian of the child, the GAL shall submit form FINGAL-I as described in Rule 902.1.
C. In all other adoption or termination of parental rights cases where a GAL is requested by the Petitioner or otherwise required by statute, the Petitioner shall be responsible for paying for each GAL or WOA.
D. Upon receipt of the GAL or WOA report, entry of an Order Awarding fees and payment of the fees by the party(ies), the Clerk shall issue payment of the awarded fee.
903 COURT-APPOINTED COUNSEL, GUARDIANS AD LITEM, AND WARNING ORDER ATTORNEYS
903.1 Qualifications of Guardians ad Litem and Court-Appointed Counsel in actions filed under KRS Chapters 199, 620, and 625.
In order to be appointed as Guardian ad Litem or Court-Appointed Counsel in any action filed under KRS Chapters 199, 620, and 625, any licensed attorney in good standing with the Kentucky Bar Association who satisfies the requirements of FCRPP Rules 35 through 38 may request to serve by providing proof of the initial and on-going training as required by FCRPP Rule 37. Guardians ad Litem and Court-Appointed Counsel shall follow the standards set forth in FCRPP Rules 35 through 38 and FCRPP Appendix D Statewide Standards of Expected Conduct for Court-Appointed Counsel. Each judge shall keep a list of approved court-appointed attorneys pursuant to FCRPP Rule 36(1). The judge, for good cause, shall have the ability to remove an attorney from the list.
903.2 Qualifications of Guardians ad Litem in actions other than KRS Chapters 199, 620, and 625.
In order to be appointed as Guardian ad Litem for a child, an adult prisoner, or a person of unsound mind in actions other than those filed under KRS 199, 620, and 625, including but not limited to dissolution and custody actions, any licensed attorney in good standing with the Kentucky Bar Association may apply by submitting their resume with a cover letter. The Judge shall then determine if the attorney shall be appointed to be on the list of Guardians ad Litem. The judge, for good cause, shall have the ability to remove an attorney from the list.
903.3 Qualifications for Warning Order Attorneys.
In order to be appointed as a Warning Order Attorney, any licensed attorney in good standing with the Kentucky Bar Association may contact the Boone and Gallatin Clerk's Office to request to be added to the list.

Credits

HISTORY: Amended effective August 18, 2020. Prior amendments effective August 12, 2013.
Boone/Gallatin Family Court Rule 9, KY R BOONE GALLATIN FAM CT Rule 9
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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