THE COURTS
Title 255—LOCAL
COURT RULES
WESTMORELAND COUNTY
Promulgation of Rule of Judicial Administration WJ6000.1; No. 3 of 2014
[44 Pa.B. 3495]
[Saturday, June 14, 2014]
Administrative Order And Now this 22nd day of May, 2014, It Is Hereby Ordered that Westmoreland Rule of Judicial Administration WJ6000.1, Court Appointed Counsel, is adopted.
By the Court
RICHARD E. McCORMICK, Jr.,
President JudgeRule WJ6000.1. Court Appointed Counsel.
(a) All attorneys wishing to be appointed by the Court must annually certify to the Court Administrator that the attorney has adequate liability insurance coverage.
(b) Attorneys representing parents or serving as guardian ad litems (GAL) in juvenile and orphans' court for dependency/termination proceedings must, annually receive three (3) hours of CLE credits devoted to dependency/termination proceedings. All attorneys wishing to be added to the court-appointed list to represent parents or to serve as a GAL in juvenile and orphans' court for dependency/termination proceedings must first attend a 6 hour training program presented by the Court and County Solicitors Office. Proof of these CLE credits must be submitted to the Court Administrator.
(c) Payment of Fees
(1) Criminal Appointments
a. Pre-Adjudication and Adjudication—Counsel must present the Petition for Attorney's Fees for pre-adjudication and adjudication after completion of the preliminary hearing and, unless otherwise ordered, monthly thereafter for all capital cases and quarterly thereafter for all other cases until representation is concluded. The attorney will indicate the case number, criminal charges and charge disposition on the petition. Invoices submitted more than 120 days after the work is completed will not be paid.
b. Direct Appeal and PCRA—Invoices for work done in furtherance of direct appeal or for post-conviction review (PCRA) must be submitted within 120 days of the work completed. Invoices submitted for work done in furtherance of appeal or for assignment of a PCRA beyond the 120 days will not be paid.
c. Conflict Counsel—Invoices shall be submitted monthly pursuant to contract.
(2) Family Court Appointments—Counsel or GAL in any family court matter must present a Petition for Attorney's Fees within 120 days after each hearing, review hearing, adjudication, or disposition. Please indicate the file number and who (i.e., mother, grandmother, guardian ad litem for the children) you represent. Invoices submitted beyond the 120 day deadline will not be paid.
(d) Rate of Compensation
The hourly rate of compensation shall be fixed from time to time by Order of Court. Compensation for Conflict Counsel shall be established by contract.
(e) Procedures
The Court Administrator of Westmoreland County may establish procedures regarding the form of Petitions, copies, subpoenas, postage and telephone, professional services, mileage and travel, witness fees, and other costs and services.
[Pa.B. Doc. No. 14-1241. Filed for public inspection June 13, 2014, 9:00 a.m.]
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