Cpcs Recertification Application

CPCS RECERTIFICATION APPLICATION CAFL PANEL

Please type the response to each question in the space provided. All attachments should be clearly labeled and in PDF or Word format only.

Please scan and send your completed application and all attachments including your case files electronically to: [email protected] prior to the due date.

Any questions relative to this application should be emailed to [email protected].

Thank you for your cooperation. ______

PART I

BACKGROUND

(Please attach your resume)

Law Firm:

Office Address:

Telephone: Fax:

Email:

BBO Number:

What language(s) other than English do you speak fluently?

OFFICE SPACE

[The questions in this section pertain to your obligations detailed in the CPCS Assigned Counsel Manual, Chapter II, Section 2 (December 1, 2007) regarding the maintenance of an office, telephone, and email address. In addition, these questions pertain to CAFL performance standard 1.4 regarding conflicts of interest]

1. Please describe your office’s proximity to public transportation.

2. Please describe your office’s proximity to the courts in which you practice.

3. Do you share your office with others?

4. If so, please identify the names of any attorneys in your office who are on the same CPCS panels as you and describe what, if any, safeguards you use to avoid potential conflicts of interest.

5. Does your office have a private room in which to meet with clients?

1 6. If you work out of your home, identify an address where you privately meet with clients. Please include the contact information for the person who manages the space.

PROFESSIONAL RESPONSIBILITY

[The questions in this section pertain to your obligations with respect to the CPCS Assigned Counsel Manual, Chapter II, Section 3 (December 1, 2007), relative to notice of complaints and potential conflicts.]

1. Have you ever been disbarred, suspended, reprimanded, censured, admonished or otherwise formally disciplined, publicly or privately, as an attorney, or as a member of any other profession, or as a holder of any public office? ______If yes, please explain.

2. Has a state or federal court ever entered a finding of guilty or sufficient facts to warrant a finding of guilty in any criminal offense? _____ If yes, please give particulars.

3. Are you currently on probation or do you have any criminal charges pending against you in any state or federal court? _____ If yes, please describe.

4. Are any charges or complaints now pending before any court or agency concerning your conduct as an attorney or as a member of any profession or as a holder of any public office? ______If yes, please explain.

5. Are you involved with the Department of Children and Families (DCF) other than in your professional capacity as counsel (e.g. as a foster parent, adult client, DCF subsidized adoptive parent or guardian, etc…)? If yes, please give particulars.

6. Have you ever been the subject of a performance review by CPCS or a Bar Advocate Program? If yes, what was the outcome of the review?

7. Have you ever been notified by CPCS or a Bar Advocate Program that an aspect of your practice did not comport with their policies or standards? If yes, please state:

. the approximate date: . the issues addressed: . the name(s) of individual(s): . the CPCS panel and/or the Bar Advocate Program(s) involved:

8. Have you ever been removed or suspended from any CPCS panel or list? _____ If yes, please give particulars.

9. Have you ever temporarily or permanently withdrawn from, or resigned from, any CPCS panel or list? ______If yes, please give particulars.

10. Has there ever been a motion or an appeal filed that has alleged your ineffective assistance of counsel? ______If yes, please give particulars.

11. Have there been any formal complaints filed against you in your representation of any CPCS client? ______

12. Have you ever reduced your caseload or been assigned a mentor as a result of a supervisory recommendation, complaint, performance, or billing issue? ______If yes, please give particulars.

13. Have you ever been audited by CPCS? ______If yes, please state which panel requested the audit/inquiry and the name and NAC number of the case(s).

2 ORGANIZATION/RECORD KEEPING

[The questions in this section pertain to your obligations with respect to the CPCS Assigned Counsel Manual, Chapter V, Section 24 (November, 2011) and CAFL Performance Standard 1.4 relative to billing and record-keeping.]

1. How do you organize your case files?

2. What type of calendar system(s) do you use to keep track of upcoming dates?

3. Do you have one or more CAFL attorneys who are available to cover for you in the event of an emergency or vacation? If so, please provide their name(s). Please further indicate how often you have required case coverage in the last two years (e.g., once a week/month/quarter/year).

4. Please describe in detail your record-keeping methods (e.g., handwritten, typed, computer software, or cell phone app).

5. Do you have a method for tracking child client visits? If so, please describe.

6. Is there a particular type of software you use to maintain your time sheets? If so, please describe.

7. Please describe your method for identifying and rectifying potential conflicts of interest with respect to clients and other parties. Conflicts of interest may include representing multiple siblings, representing more than one parent/guardian, representing a party closely aligned with an unrepresented person, or representing a party with a connection to a current or former client.

CPCS CERTIFICATIONS AND TRAINING

1. Indicate all CPCS panels on which you are currently certified to accept court-appointments and the year certified.

Panel Date of Certification

2. Please list the counties and names of all courts in which you have accepted CPCS appointments during the past 3 fiscal years.

3. What percentage of your legal practice is CPCS appointed?

4. What other types of legal work do you do?

5. How long have you been taking CAFL cases?

6. Are you a member of a Bar Advocate Program? ____Yes ____No

3 o Name of Bar Advocate Program (s)

o Length of Time in Bar Advocate Program(s)

o Date(s) of any Bar Advocate review(s)

7. Please identify any intensive practical trial skills trainings you have taken in the past 3 years either as part of or in addition to your required 8 CLE credits (e.g. trial practice trainings, deposition workshops, cross/direct examination trainings, and NITA, etc.).

8. Please indicate how you keep updated on relevant case law.

9. For each CPCS panel in which you are or were active, please provide the names and contact information of all Mentors and/or Supervising Attorneys (past and present) assigned by CPCS or a Bar Advocate Program. Is or was this relationship helpful to your practice? Do you have suggestions on how we can improve the mentoring program? If so, please describe.

PART II

CAFL CASES

1. Attached is a printout of your CAFL case list. Please mark the printout as follows and return it with this application:

a. If you represent(ed) a CHILD or CHILDREN, place a (“C”) next to the NAC number and indicate the number of children you represent(ed) for that NAC.

b. If you represent (ed) an ADULT, indicate whether you represent (ed) a father (“F”), mother (“M”), guardian (“G”) or other (“O”) next to the NAC number.

c. If the case is closed, place a (”X”) next to the NAC number and indicate the date closed.

2. For each case in which you currently represent a child or children, please indicate the date(s) and location(s) in which you have had face to face contact with each child client over the past 2 years. It is sufficient to state: “foster home,” residential placement,” etc. PLEASE NOTE: We are unable to obtain this information from the CPCS billing and auditing department.

ADVOCACY

Despite our best efforts to make a comprehensive assessment of your performance in CAFL matters, there are areas of practice which this process does not allow us to review, for example, oral advocacy and negotiation skills. Thus, we must rely on the information you provide to evaluate this area of your practice. We recognize and take into account that individual caseloads vary. We further take into account that each region has different procedures and practices.

Over the past 2 years, please provide the following information for EACH contested evidentiary hearing in which you participated or extensively prepared for (e.g., 72-hour, abuse of discretion, permanency hearing, adjudication/TPR trial, etc.). You may respond by answering each question separately or summarizing each case as long as you address each point.

4 If this list exceeds 10 cases please feel free to notify this office at [email protected] for further instruction.

1. The name of the case, docket number, and NAC number

2. The type of hearing

3. Your client’s name and their role in the case (parent, guardian, child(ren), other)

4. Your client’s position (e.g., return home, 3rd party placement, DCF placement, etc.)

5. The steps you took to effectively communicate with your client if they had a language barrier or mental disability

6. Whether your client’s position changed prior to the scheduled hearing and how you were able to make that determination

7. If you represented a child/children,

1. Indicate each child’s age at the time of the hearing,

2. Indicate your client(s) position(s) and how you determined that position.

3. If your client(s) position(s) was/were not client-directed, indicate what factors you considered in formulating his/her/their position

4. Indicate whether you requested a GAL for your client(s) (e.g. for best interest, medication, medial issues, etc.)

8. What, if any, steps you took to locate your client if their whereabouts were unknown during any point prior to the scheduled hearing. What position you took on their behalf while absent

9. What, if any, steps you took to identify and seek appropriate services for your client consistent with their interests, needs, and goals (e.g. negotiated the service plan with DCF, investigated services in the community, etc.)

10. What, if any, steps you took to advocate for the subject child(ren)’s contact with family members (e.g. grandparents, parents, siblings, etc.)

11. Please describe any discovery you conducted prior to the scheduled hearing (e.g. requested records, requested the DCF case file, contacted family members or potential witnesses, etc…)

12. Identify all pleadings you filed in anticipation of the scheduled hearing [including, but not limited to, Motion for Finding of Abuse of Discretion, Chapter 211, Sec. 3 Petition, Motion in Limine/to Strike, Motion to Compel, Proposed Findings of Facts and Conclusions of Law, and Motion for Funds (please indicate the purpose of the funds)]

13. Whether your client testified (or planned to testify) at the hearing and what factors you considered in preparing for the testimony

14. If your client testified, or planned to testify, how you prepared your client (e.g. met in person, discussed the case by telephone, prepared a written examination, etc.)

5 15. How many witnesses, exclusive of your client, you called or planned to call at the hearing and how you prepared their testimony

16. Whether you hired an expert in the case and for what purpose. Please indicate whether your expert prepared a report. Please further indicate whether your expert testified

17. If the scheduled hearing took place, please describe its length and outcome

18. If your client was not satisfied with the outcome, what, if any, steps you took to appeal the decision or preserve your client’s right to appeal

19. If the scheduled hearing did not take place, please describe how the matter was resolved

20. If you negotiated a settlement, please describe the roles you and your client had in the negotiation and the substance of the agreement

21. Any other information regarding a particular hearing that you think is important in evaluating your representation of the client

WITHDRAWAL FROM REPRESENATION

[The question in this section pertains to your obligations with respect to CAFL Performance Standard 8.3.]

In the past 3 years, how many times have you withdrawn from a case prior to judgment? Please indicate the reason for each withdrawal and whether it was at the client’s request. If the reason was an irretrievable breakdown, please provide specifics without revealing identifying information about your client or the case name.

PERMANENCY HEARINGS

[The question in this section pertains to your obligations with respect to CAFL Performance Standard 5.1-5.4]

What is your standard practice relative to attending and/or participating in permanency hearings? Please include issues of your attendance, client attendance, preparation, and zealous advocacy. If you represent a child, please indicate whether their age makes a difference in how you prepare for and participate in the hearings.

PART III

CASE REVIEW

The following cases have been selected for review as part of the recertification process. Please contact us prior to sending us your case files if we asked you to provide cases where you represent either all parents or all children.

NAC ______[CLIENT NAME] [Date appointed] NAC ______[CLIENT NAME] [Date appointed] NAC ______[CLIENT NAME] [Date appointed]

6 A. The following materials should be attached to this portion of the question (You may redact any confidential attorney/client communications.):

1. A copy of your contemporaneous time records for the past 2 years. It is not necessary to forward your CPCS billing confirmation sheets.

2. A copy of the Docket Sheet

3. A copy of the case file, including all pleadings and correspondence generated by your office. (Please do not provide a copy of the DCF file, court investigator/ GAL reports, or school/ medical records. We only want to review documents which you have created on behalf of your clients.)

If you have not prepared substantive legal memorandum on any of these three cases, please provide two writing samples from other cases.

4. You may provide any other information regarding these cases which you consider important in our evaluation of your representation

B. For each case being reviewed, please provide the following information. (If you have already answered some of these questions in response to Question 4, please do not repeat those answers here. However, the answers to these questions should reflect your involvement in the case from your initial appointment to present)

1. A brief description (1-2 paragraphs) of the case including your client’s position and how your client arrived at his/her position.

2. If you represented child/children, indicate what your position was during the pendency of the case and how you determined that position. If your position was not client-directed, indicate what factors you considered in formulating your position. If the child client’s position changed during the pendency of the case, indicate how you made that determination. Please make sure to include the child(ren)’s age at the inception of the case and at the time of any hearings.

3. For each case, list the types and frequency of meetings you attended with DCF and other collaterals, if applicable. (e.g., foster care reviews, clinical treatment team meetings, special education team meetings, etc.) It is not necessary to list the dates of meetings.

4. For each case, please describe your client’s contact with the court investigator. Please include the place they met (e.g. home, office, court) and whether you were present for the entire interview. Please further describe how you prepared your client for the interview.

7 PART III (Optional) ADDITIONAL CAFL ADVOCACY

In addition to the foregoing, you may pick two CAFL cases (other than the cases listed above) where you feel your representation led to a positive outcome for your client. Please provide the case name, a brief description, whether you represented a parent or child, and what factors you believe led to that favorable outcome.

PART IV (Optional) ADDITIONAL INFORMATION

Please use this section to include any additional information that you would like us to consider in this recertification process (e.g. your strengths, why you’ve chosen this type of law, etc.).

FEEDBACK

How can CPCS better support counsel who handle CAFL cases (e.g., improve training, provide support services, etc.)? (Please include suggested topics for seminars and any other comments about training, case assignments or other matters.)

I hereby certify that the above information is true and correct.

______Date Signature