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Rule 1304 Appointment Lists Maintained by the Daviess Circuit Court Clerk

Baldwin's Kentucky Revised Statutes Annotated6th Judicial District - Daviess District Court

Baldwin's Kentucky Revised Statutes Annotated
6th Judicial District - Daviess District Court
Rule 13 General Miscellaneous
KY RDDC Rule 1304
Rule 1304 Appointment Lists Maintained by the Daviess Circuit Court Clerk
A. General Eligibility for Appointment: To be eligible for appointment by the Court as GAL, Counsel for Parent or Custodian, Warning Order Attorney or Public Administrator of an Estate, an attorney must be a licensed attorney in the Commonwealth of Kentucky in good standing with the Kentucky Bar Association, and have submitted his or her name and address and phone number to the Daviess Circuit Court Clerk for inclusion on any or all of the appointment lists maintained through the Daviess Circuit Court Clerk's Offices.
B. Voluntary: Inclusion on any list is voluntary and at the discretion of the sitting Judge. In the event there are insufficient names on any list to provide for appointment, the Court may contact individual attorneys to request appointment or may notify the Daviess County Bar Association President who will consult with bar members and provide to the Chief Judge of the Daviess District Court either names of volunteers or a formula for appointment of counsel. The Chief District Court Judge shall then provide that information to the Daviess Circuit Court Clerk.
C. When filing for fees, attorneys shall not bill for time spent billing.
D. Any additional requirements are listed below:
1) Juvenile: The Juvenile Clerk shall maintain two (2) lists for each Division of Daviess District Court, one for those attorneys seeking appointments as GAL and the other for attorneys seeking appointments as CAC or Warning Order Attorney in d/n/a cases. Attorneys may be included on both lists and may choose to accept appointments before any or all Divisions of Daviess District Court.
Attorneys accepting appointments as GAL agree to adhere to the Standards of Guardian ad Litem Practice attached as Appendix B. GAL shall provide proof of attendance at mandated training to the Juvenile Clerk who will keep the information with the Appointment List and make it available to any Judge upon request, and to the Chief District Court Judge every January for review of complieance.1
Attorneys accepting appointments as CAC or Warning Order Attorney agree to render services diligently and promptly, make all court appearances for which they have received notice, and file any necessary reports, motions or documentation in a timely manner.
2) Paternity: The Juvenile Clerk shall make appointments for GAL and Warning Order Attorneys from the lists maintained for appointment as CAC and GAL in juvenile cases, set forth above.
3) Probate Court: The Probate Clerk shall maintain two (2) lists which shall serve all Divisions of Daviess District Court: one for attorneys seeking appointments as Warning Order Attorneys, GAL for Respondents in proceedings pursuant to KRS Chapter 387, or GAL in other matters where the Court believes necessary to protect the interests of a minor or person believed to be incompetent; and one for attorneys accepting appointments as Public Administrator of Estates.
Attorneys accepting appointments as GAL agree to meet with their client when it is possible to do so, and under all circumstances to make a thorough and independent investigation and assessment of the Respondent's best interests.
When appointing a Public Administrator for an Estate the Court and/or other interested parties may review the list of counsel and select an attorney from that list, or it is within the discretion of the Court to appoint the Daviess County Sheriff as Public Administrator, or at the request of the parties to the estate proceeding the Court may contact an attorney not listed and seek that attorney's acceptance of an appointment to serve as Public Administrator.
4) All other matters arising in Juvenile, Domestic Violence, or Paternity Cases: Counsel or GAL should be appointed from the appropriate list for that Division of Daviess District Court.
5) All other matters arising in Civil or Probate Proceedings: GAL or Warning Order Attorney should be appointed from the lists maintained by the Probate Clerk.
6) The Circuit Court Clerk shall also maintain a lists for appointment in Circuit Court cases, to be established as directed by the Chief Circuit Judge or, in the absence of any Order, by the Circuit Clerk.

Credits

HISTORY: Amended effective May 9, 2012.

Footnotes

So in original.
Daviess District Court Rule 1304, KY R DAVIESS DIST CT Rule 1304
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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