FCRPP 36.Appointment and retention

Each judge keeps a list of approved court-appointed attorneys carrying each attorney's phone number, physical address and email, which attorneys must keep current. The list should be open to any attorney in good standing who meets these rules and asks to serve — and no attorney may be appointed exclusively as a guardian ad litem or exclusively as counsel for adults. Lists are reviewed at least every four years and made available to the public on verbal request.

Appointment runs sequentially down the list, with three stated exceptions: another attorney has previously represented that person; appointing this attorney would create a conflict; or the party's specific and unique circumstances require, in the interest of justice, a non-sequential appointment of someone with identifiable attributes that best fit those circumstances.

Indigency must be established before counsel is appointed. Except for guardians ad litem, courts appoint only where the file contains a completed financial statement and affidavit of indigence which the court has reviewed. The one exception is where the court takes sworn proof on the record and makes a specific written finding of indigency — and even then the party must file the form within five business days or the appointment is vacated.

Non-compliance has consequences for the attorney, with a limit. Courts may impose sanctions including removal from the appointment list and from active cases — but shall not remove an attorney from an active case if doing so would harm the client.