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"APPOINTMENT" and APPOINTEE"
mean the same as defined in Rule 8 of the Rules of Superintendence of the
Courts of Ohio.
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The Court shall maintain the lists of
appointees from which appointments shall be made. The person responsible for
selecting an appointee shall do so at random for each appointment, but
appointments shall be equitable so that all prospective appointees have an
equal opportunity to receive appointments, considering the skill and
expertise of the particular appointee in the designated area of appointment,
the management of the appointee’s current caseload and the difficulty of
the particular matter.
- The General Division and Domestic Relations Division shall keep separate
lists of appointees.
1. The Domestic Relations Magistrate shall keep the Domestic
Relations appointee list which shall include lists of the following for
appointment:
- Counsel available for appointment to contempt’s
- Sentence reviews and other matters as deemed necessary
by the Magistrate
- Arbitrators
- Mediators
- Guardian Ad Litem
- Organizations who provide forensic psychological evaluations
- Alcohol or drug dependency evaluations
and on direction of the Court, a list of qualified appraisers.
2. The General Division shall maintain the following lists of
appointees to be kept in a central location designated by the
Administrative Judge:
- Counsel available for assignment to criminal cases
- Arbitrators
- Guardians Ad Litem not related to Domestic Relations mattersand
the following organizations providing services to the Court
- All public defender officers serving Columbiana County
- Organizations providing forensic mental health
examinations
and services in criminal cases
- Organizations providing alcohol and drug evaluations and
treatment in criminal cases
- Organizations providing forensic scientific testing
andevaluations in criminal cases.
Appointments shall be on a case by case basis from the members of the
bar association at large or such other persons as the Court deems
appropriate.
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Yearly the Judges of the Court
shall review the appointment lists to determine if the persons or
organizations on those lists are still qualified and are providing adequate
service and that equitable division of appointments are being made
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The Court by other Rules has
set qualifications for the various appointees and will from time to time
determine by Court Order or Rule other qualifications for other appointees.
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If a party or other person is
required to pay all or a portion of the fees payable to the appointee, the
appointee shall notify the party or person of the appointment and the
applicable fee schedule and provide an estimate of the costs of the service.
The Court reserves the right to approve, prior to the providing of the
services by an appointee, the rate and the maximum fee of all appointee. The
appointee shall file with the Court and serve upon all parties or persons
required to pay all or a portion of the fees an itemized fee and expense
statement on a regular basis and at the conclusion of the service. If the
fees charged by the appointee are contested or deemed unreasonable by any
party, the appointee bears the burden of proving by a preponderance of the
evidence the reasonableness of the fees. The burden of going forward with
the evidence, however, will rest with the party ordered to pay.
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This Rule shall be
automatically modified at any time the Supreme Court of Ohio modifies Rule 8
of the Rules of Superintendence of the Courts of Ohio.
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