Court Operating Rule 09 | Payment of Attorney's Fees and Costs

First Adopted: May 27, 1981

Most Recently Effective: May 27, 1981

Court Operating Rule (COR) 9 | Payment of Attorney's Fees and Costs

COR 009.01 | Judge to Maintain Register of Attorneys

The judge having probate jurisdiction in each county where a mental health facility is located shall maintain a register of attorneys who have agreed to be appointed to represent respondents against whom involuntary civil detention proceedings have been instituted in each county.  The judge may appoint the clerk serving that court or some other court employee to maintain the register.  It shall be the responsibility of such person to provide the register to the mental health coordinator for the area which includes the county for which the list was prepared and a new register shall be provided to the mental health coordinator each time a  new attorney is added or deleted.

(Adopted May 27, 1981, effective May 27, 1981. Amended February 22, 2000, effective February 22, 2000.)

First Adopted: May 27, 1981

Most Recently Effective: May 27, 1981

Court Operating Rule (COR) 9 | Payment of Attorney's Fees and Costs

COR 009.02 | Attorney's Fees Paid By the State

(a) If the judge finds that the respondent is unable to pay attorney fees to an attorney appointed by the Court for the services rendered in the proceedings, the judge shall allow a reasonable attorney's fee for the services; such determination to be made on the basis of all pertinent facts and in accordance with local court rule.

(b) The attorney's fee in each case shall be assessed as costs and paid by the state.

(Adopted May 27, 1981, effective May 27, 1981. Amended February 22, 2000, effective February 22, 2000.)

First Adopted: May 27, 1981

Most Recently Effective: May 27, 1981

Court Operating Rule (COR) 9 | Payment of Attorney's Fees and Costs

COR 009.03 | Form of Request for Payment


(Adopted May 27, 1981, effective May 27, 1981. Amended February 22, 2000, effective February 22, 2000.)

First Adopted: May 27, 1981

Most Recently Effective: May 27, 1981

Court Operating Rule (COR) 9 | Payment of Attorney's Fees and Costs

COR 009.04 | Certification of Request for Payment

All requests for payment of attorney's fees shall be certified as to amount by the probate judge.

(Adopted May 27, 1981, effective May 27, 1981. Amended February 22, 2000, effective February 22, 2000.)

First Adopted: May 27, 1981

Most Recently Effective: May 27, 1981

Court Operating Rule (COR) 9 | Payment of Attorney's Fees and Costs

COR 009.05 | Date Payment Commences

Payment for services by appointed attorneys shall be authorized from the date of initial client contact and will be paid regardless of whether or not a hearing is required.

(Adopted May 27, 1981, effective May 27, 1981. Amended February 22, 2000, effective February 22, 2000.)

First Adopted: May 27, 1981

Most Recently Effective: May 27, 1981

Court Operating Rule (COR) 9 | Payment of Attorney's Fees and Costs

COR 009.06 | Completed Form

The completed forms requesting payment shall be forwarded monthly by the court having jurisdiction over such matters to the Department of Mental Health.

Payment of attorney's fees shall be made directly to the attorneys involved and notice given to the Court indicating that such payment was made. Court costs shall be reimbursed directly to the Court submitting request for payment.

(Adopted May 27, 1981, effective May 27, 1981. Amended February 22, 2000, effective February 22, 2000.)

First Adopted: May 27, 1981

Most Recently Effective: May 27, 1981

Court Operating Rule (COR) 9 | Payment of Attorney's Fees and Costs

COR 009.07 | When Payment Not Allowed

No attorney's fee shall be allowed for services rendered by any attorney who is a salaried employee of a public agency or a private agency which receives public funds; or in the event the respondent is determined able to pay the fee.

(Adopted May 27, 1981, effective May 27, 1981. Amended February 22, 2000, effective February 22, 2000.)