Ill. R. Cir. Ct. McHenry Cnty. 11.04

As amended through September 23, 2024

Rule 11.04 - ATTORNEY FOR THE CHILD

A. The Twenty-Second Judicial Circuit recognizes the importance of appointing qualified attorneys to represent the interests of dependent or minor children in the allocation of parental responsibility and parenting time cases, as defined by Statute and Rules of the Illinois Supreme Court.

B. The Chief Judge of this Circuit shall maintain and disseminate to the Trial Courts of this. Circuit a list of attorneys who have applied for and agreed to accept the appointment, have met the necessary qualifications and requirements, and have been approved by this Circuit for Court appointments to the allocation of parental responsibility and parenting time cases.

C. To be considered for initial acceptance, applicants must submit to the Trial Court Administrator of this Circuit information including but not necessarily limited to the following:

1. The applicant must be a licensed attorney in good standing with the Supreme Court of Illinois and have no less than three (3) years experience in cases arising under the Illinois Marriage and Dissolution of Marriage Act, the Parentage Act, the Domestic Violent Act, the Uniform Child Custody Jurisdiction and Enforcement Act and Article 112 A of the Code of Criminal Procedure; and experience of not less than one (1) year in cases arising under the Juvenile Court Act.

2. The applicant must advise the court of his or her past experience, within the five (5) years next preceding the application, concerning the contested allocation of parental responsibility and parenting time cases, as defined by Statute and Supreme Court Rule. The court may inquire solicit the opinions of other court-appointed children's counsel of this circuit, other attorneys, bar associations and court personnel in ruling upon the acceptance of any applications.

3. The applicant must have completed, or agree to complete within two years of the adoption of these rules, at least ten hours of approved continuing legal education courses in the following areas: roles of guardian ad litem and child representative; ethics in child custody cases; relevant substantive state or federal case law in custody and visitation issues; family dynamics, including substance abuse, domestic violence and abuse, and mental health issues; and related, approved training sessions presented or approved by this court or by state or local bar associations. Attorneys who work for the government or nonprofit family or legal aid agencies may meet the requirements of this rule by attending and specifying appropriate in-house legal education classes.

D. The list of attorneys qualified for court appointment shall be updated by the Chief Judge of this Circuit no less than every two (2) years. To maintain qualification, each applicant shall be required to update their office and contact information and shall provide a summary of their continuing legal education courses as specified above.

E. An attorney appointed pursuant to this rule shall have the powers, duties and responsibilities including, but not necessarily limited to, those specified in 750 ILCS 5/506, Illinois Supreme Court Rule 907, the applicable sections of the Marriage and Dissolution of Marriage Act, the Parentage Act, the Domestic Violence Act, the Juvenile Court Act, the Uniform Child Custody Jurisdiction and Enforcement Act, Section 112A of the Code of Criminal Procedure, and other duties and responsibilities as the court may specify.

F. An attorney appointed pursuant to this rule shall report to the court on the status of the cause and file a motion for fees pursuant to statute within 90 days following appointment and every 90 days thereafter. The motion shall be filed with the clerk and scheduled for hearing together with a status concerning the underlying cause. A copy of the motion shall be placed with the Trial Court Administrator for distribution to the judge hearing the cause.

G. An attorney may be removed from the approved appointment list by failing to comply with the requirements of this rule, by the action of the court, or by voluntary request. An attorney may decline a specific appointment due to potential conflict of interest, time constraints, or other good cause shown upon notice and application to the appointing judge.

H. The Chief Judge shall be responsible for disseminating and collecting attorney applications for appointment hereunder, for disseminating motions for fees hereunder, for maintaining and updating information on the list of attorneys available for court appointment, and for the publication of the requirements of this rule.

Ill. R. Cir. Ct. McHenry Cnty. 11.04