14.06    Attorney Qualifications in Child Custody Matters

 

A.     The 17th Judicial circuit shall maintain a list of approved attorneys qualified to be appointed in child custody and visitation matters covered under Section IX of the Supreme court rules as guardians ad litem, child representatives, or attorneys for children pursuant to court order. (See Appendix JJ)

 

 

B.     In order to qualify for the approved list, each applicant for the list shall meet the following minimum requirements:

1.                   Each  attorney shall be licensed and in good standing with the Illinois Supreme Court.

 

2.                   Each attorney shall  have attended the education program created by and/or presented by an approved MCLE provider consisting of a minimum of ten hours of continuing legal education credit within the two years prior to the date the attorney qualifies to be appointed.

 

3.                   To remain on the approved list, each attorney shall attend continuing legal education courses consisting of at least ten hours every two year period and submit verification of attendance to the Office of the Chief Circuit Judge at the time of attendance or upon request.  The ten hours should include courses in child development; ethics in child custody cases; relevant substantive law in custody, guardianship and visitation issues; domestic violence; family dynamics including substance abuse and mental health issues; and education on the roles and responsibilities of guardians ad litem, child representatives, and attorneys for children.  Attendance at programs sponsored by this circuit may be included as a portion of this continuing education requirement.

 

4.                   Each attorney must complete the GAL/Child Representative Information Sheet provided by this circuit and are turn it with a statement or other verification of attendance at continuing education.  (See Appendix II).

 

5.                   Each attorney must adhere to the minimum duties and responsibilities of attorneys for minor children as delineated in Supreme Court Rule 907.

 

C.     Each attorney placed on the approved list and appointed shall be paid by the parties to the litigation as ordered by the judge handling the file or as agreed between the litigants.  The costs for the appointed attorneys shall be paid as ordered and the court may enforce the orders and judgments as in other proceedings, including the imposition of sanctions.


 

D.     In the event In the event the court deems it is in the best interests of the child or children to have  an attorney appointed in a proceeding under Section IX of the Supreme Court Rules but finds that the parties are both indigent, the court may appoint an attorney from the approved list to serve pro bono.

 

E.      The Presiding Judge of the Family Division shall maintain the list of the approved attorneys and the judges assigned to hear custody and visitation matters covered under Section IX of the Supreme Court Rules shall rotate the appointment of pro bono representations.

 

F.      Each attorney on the approved list for the Judicial Circuit shall only be required to accept one pro bono appointment each calendar year.

 

G.     The Presiding Judge of the Family Division of this circuit maintains the authority to remove any attorney based upon the failure to meet the listed qualifications or for good cause, including the failure of any appointed attorney to perform as provided in Supreme Court Rule 906 and 907.

 

 

 

 

 

 

Rev. 4/30/2007