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Chapter 7, Rules 7.15 to 7.23 (Conservatorships and Guardianships to Video Conferencing in Medication Capacity / Riese Hearings and Writ of Habeas Corpus Mental Health Hearings): the court to assess fees for the cost of investigations in guardianship and conservatorship cases unless waived, petitioners who do not qualify for a waiver may request a monthly installment plan (7.15.1); only those independent powers necessary in each case (7.15.2); temporary requests considered ex parte, the court generally to deny the ex-parte appointment of a temporary guardian unless a present emergency exists and the minor is currently residing with the petitioner (7.15.3); no conservator or guardian of the estate when the only asset or income is public assistance benefits, a separate case number for each minor in a guardianship of the estate, two additional copies of the following when a guardianship petition is filed by a self-represented litigant, and no guardianship ordinarily considered if a matter involving custody of the child is presently pending in the Family Law Court or the minor is subject to the Juvenile Court (7.15.4 to 7.15.7); the proposed conservator to view the video “With Heart: Understanding Conservatorships” before the hearing (7.15.8); the compensation of a court-appointed attorney paid by the conservator of the estate, the person represented, or the County under the Court's Claims Processing Policy, time detailed in .1 hour (6 minute) increments, requests submitted over six (6) months after services not eligible and those more than ninety (90) days after reduced by fifteen percent (15%) (7.15.9); attorney fees and commissions awarded based upon what is just and reasonable under California Rules of Court, Rules 7.750 through 7.752, or flat fees - $2,500.00 for establishment of a conservatorship or guardianship and the first account, $2,500.00 for a court confirmed sale of real property, $600.00 for income tax returns, $1,250.00 per year for each timely filed subsequent account, and for guardians and conservators 10% of the sales price of personal property up to $1,000.00 and $1,000.00 for a sale of real property - and no fees before an inventory is filed or ninety (90) days from the issuance of letters (7.16); costs advanced reimbursed without prior court permission and business expenses not reimbursable (7.17); extraordinary fees in decedent's estates without further justification - for attorneys $2,500.00 for court confirmed sales of real property, $2,000.00 for a Federal Estate Tax return and $500.00 for an Estate Income Tax return, and for personal representatives $1,000.00 for sales of real property (7.18); the proposed trust instrument attached to the petition, court confirmation of sales of trust real property, and no payment of fees without prior court approval under continuing court supervision (7.19); an overbid in court with ten (10) percent of the minimum overbid (7.20); financial account statements supporting conservatorship and guardianship accounts, filed separately as “confidential financial statements” (7.21); statutory attorney's fees to a personal representative who is an attorney only on petition filed within ninety (90) days of the initial appointment (7.22); and medication capacity and writ of habeas corpus mental health hearings held via video conference (7.23).
RULE 7.15 CONSERVATORSHIPS AND GUARDIANSHIPS 7.15.1 Investigation Costs Unless investigation fees are waived, pursuant to Probate Code section 1851.5 or 1513.1, the Court will assess fees for the cost of investigations in guardianship and conservatorship cases. Investigation fees in guardianship matters will usually be waived if the fee for filing the initial petition was waived. Petitioners who d
Reviewer note: Composed 2026-10-14 (California T4 Fresno build 2026-10-14) from BenchPath custody ca/t4/ca-fresno/docs/local-rules/july-2026-master-printing-document.pdf (the court's rule book, its cover “LOCAL RULES FOR THE SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO July 1, 2026 Publication”, as fetched 2026-10-14; 4584754 bytes, sha256 51525184531d88ffbf21b6b2decfa0c7616c04af7f0b0832eb7bd75d0552fb65; 260 pages; this part PDF pages 207 to 218, printed pages 7-13 to 7-24) with the shared verbatim composer (v2 reflow): the rules and Appendix A1 (PDF pages 19 to 219) composed as one text and cut at the chapter headings (“CHAPTER 1. ADMINISTRATIVE RULES” to “CHAPTER 7. PROBATE RULES”) and, in Chapters 2, 5, 6 and 7, at rule headings (“RULE 2.5 MANDATORY SETTLEMENT CONFERENCE”, “RULE 2.11”, “RULE 5.5”, “RULE 5.9”, “RULE 6.3”, “RULE 6.5”, “RULE 6.8”, “RULE 7.15”) and at “APPENDIX A: CIVIL”, each matched once as a whole line; every page's running header (“FRESNO COUNTY SUPERIOR COURT”) and its footer - the chapter's name (“Administrative Rules” to “Probate Rules”, “Appendix”) and the printed page number (“1-1”, “A-1”) - named and removed as chrome, with the mark “THIS PAGE INTENTIONALLY LEFT BLANK.” of five blank pages (PDF 36, 68, 86, 140 and 194) - 608 chrome lines; lines reflowed into the rules' paragraphs, each rule's heading, sub-rule number, lettered or numbered subdivision and history line starting a line; the section number “300” printed alone at the top of PDF page 160 (in Rule 6.3.7's heading) kept by the composer's top-band option; the strike report (review/strike-report-2026-10-14.txt) finds one struck run, of spaces only, on PDF page 185 - no struck character; 49 whitespace-only fixes (build/book-fixes.json: 36 line breaks the reflow or a page break left inside a sentence or a rule reference, rejoined; 9 runs of printed lines or table rows the reflow ran together, split - among them Rule 7.9's newspapers and the first rows of Appendix A1's schedule; 4 form numbers the line ends broke, closed up - “MC-355”, “RA-010”, “JV-505” and “TR1-55”); the vertical-gap, short-line, page-break, false-break and structural-break audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; the book's own text kept as printed (“form TR1-55”, “8.60 through 8.880”, Rule 6.7.2's subdivisions A, C and D); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover and its back (PDF pages 1 and 2), the table of contents and list of effective rules (3 to 18), the index (229 to 238) and the templates and forms listing (239 to 260) belong to no card; Appendices B1 to F1 (220 to 228) are decided in the document catalog.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Fifth Appellate District > Fresno County > Superior Court of California, County of Fresno
RULE 7.15 CONSERVATORSHIPS AND GUARDIANSHIPS 7.15.1 Investigation Costs Unless investigation fees are waived, pursuant to Probate Code section 1851.5 or 1513.1, the Court will assess fees for the cost of investigations in guardianship and conservatorship cases. Investigation fees in guardianship matters will usually be waived if the fee for filing the initial petition was waived. Petitioners who do not qualify for a waiver of investigation fees, may request a monthly installment plan. Monthly billing statements will be sent to conservators, guardians or parents, and copies will be sent to their attorneys. If the installment payment becomes 90-days in arrears, accounts will be forwarded to an outside collection agency. Payments can be made in the Clerk’s Office or mailed to the following address: Fresno County Superior Court Attention: Probate 1130 O Street, Room 300 Fresno, CA 93721 (Effective January 1, 2014; Rule 7.15.1 renumbered effective January 1, 2006; adopted as Rule 84.1 effective January 1, 2004) 7.15.2 Independent Powers It is the policy of the court to grant a guardian or conservator only those independent powers necessary in each case to administer the estate. A request for all powers described in Probate Code § 2591 will not be granted by the court. Each independent power requested must be justified by, and narrowly tailored to the specific circumstances of that case. Any powers so granted must be specified in the order and in the Letters of Guardianship or Conservatorship. (Rule 7.15.2 renumbered effective January 1, 2006; adopted as Rule 84.2 effective January 1, 2004) 7.15.3 Temporary Conservatorships and Guardianships A. Filing Procedure. The original and two (2) copies of the Petition for Appointment of Temporary Guardian or Conservator shall be presented to the Clerk for filing. B. Hearings. All temporary requests are considered by the Court ex parte. In each instance, the Court will advise counsel or the self-represented petitioner if the request is granted ex parte and Letters may be made available. Appearance and notice are required at the hearing set for the temporary petition pursuant to Probate Code § 2250 et seq. C. Voluntary Mediation. To expedite court proceedings, the Court may refer or encourage parties to participate in a voluntary mediation. D. Requirements. The court will generally deny requests for ex-parte appointment of a temporary guardian unless the application establishes that a present emergency exists and that the minor is currently residing with the petitioner. If the minor is residing with a parent and the petitioner believes the child is in danger, a referral should be made to Child Protective Services. (Effective January 1, 2021; Rule 7.15.3 renumbered effective January 1, 2006; adopted as Rule 84.3 effective January 1, 2004) 7.15.4 Receipt of Public Benefits When the only asset or income of a proposed conservatee or ward is the receipt of public assistance benefits, the court does not require appointment of a conservator or guardian of the estate. (Rule 7.15.4 renumbered effective January 1, 2006; adopted as Rule 84.4 effective January 1, 2004) 7.15.5 Guardianship of the Estate Where appointment of a guardian of the estate is sought for more than one related minor, a separate case number shall be assigned for each minor. If the petition requests appointment as guardian of the person only, a single petition shall be filed for all sibling minors. (Effective January 1, 2015; Rule 7.15.6 (now 7.15.5) renumbered effective January 1, 2006; adopted as Rule 84.6 effective January 1, 2004) 7.15.6 Guardianship Filing Requirements A. When a Petition for Appointment of a Guardian is filed by a self-represented litigant, the court will retain the original copy of all documents (except the Notice of Hearing), and will require two additional copies of the following: 1. Petition for Appointment of Guardian (GC-210). 2. Guardianship Questionnaire (PPR-24 R10-17). 3. Declaration Under Uniform Child Custody and Jurisdiction Act (UCCJEA) (FL-105(A)/GC-120). 4. Consent of Proposed Guardian, Nomination of Guardian and Consent to Appointment of Guardian and Waiver of Notice (GC-211). 5. Confidential Screening Form (GC-212). B. The Guardianship Questionnaire is a local form which is available at the Probate Clerk’s Office located at 1130 O Street, Fresno, CA, or on the court’s website, www.fresno.courts.ca.gov. (Effective July 1, 2020; Rule 7.15.7 (now 7.15.6) renumbered effective January 1, 2006; adopted as Rule 84.7 effective January 1, 2005) 7.15.7 Effect of Other Pending Proceedings Regarding the Child A Petition for Appointment of a Guardian of a minor will not ordinarily be considered if any of the following circumstances exist: A. A matter involving custody of a child is presently pending in the Family Law Court. In such case, a petitioner seeking custody or visitation rights will be instructed to seek joinder in the family law proceeding and request relief from that court. Under emergency conditions, a temporary guardianship may be granted, but only if the child is already in the custody of the proposed guardian. B. The minor is subject to the jurisdiction of the Juvenile Court. (Effective January 1, 2012; Rule 7.15.8 (now 7.15.7) renumbered effective January 1, 2006; adopted as Rule 84.8 effective January 1, 2004) 7.15.8 Conservatorship Requirements A. Conservator Video. Before the hearing on the appointment of a conservator, the proposed conservator shall view the video entitled "With Heart: Understanding Conservatorships." The video is available for viewing in the Probate Clerk’s Office or on the Court’s website at www.fresno.courts.ca.gov/probate/conservatorship. Individuals who plan to view the video in the Clerk’s Office are encouraged to call the following number for viewing times: (559) 457-1888. The proposed conservator shall present the “Proof of Viewing” form, available in the Clerk’s Office and on the Internet, to the Court at the time of the general hearing. A conservator who resides outside of Fresno County and has no access to the Internet may make arrangements to view the video at any other superior court location statewide. B. Sale of Conservatee's Residence and Exclusive Listings for Sale. Petitions for authority to sell the conservatee's residence must be set on the regular probate calendar. Request for authorization to execute an exclusive listing agreement may be submitted ex parte. C. Appointment of Successor Conservator. If the Petitioner and the proposed successor conservator are not the same person, the petition must specifically allege that the petitioner met and conferred with the person being nominated for appointment as successor conservator and that the person agrees to accept appointment as successor conservator. Notice must be mailed to the proposed successor conservator. (Effective July 1, 2016; Rule 7.15.9 (now 7.15.8) renumbered effective January 1, 2006; adopted as Rule 84.9 effective January 1, 2004) 7.15.9 Compensation of Court-Appointed Attorney A. Source of Payment. At the time of appointment, the Order Appointing Counsel shall indicate whether the attorney is to be paid by the conservator of the estate, by the person represented, or by the County of Fresno at the court rate. B. Payment by Conservator of Estate or Person Represented. If the conservatee or person represented has the ability to pay compensation and expenses of counsel, as indicated on the Order Appointing Counsel, the attorney shall file a petition for compensation, including a complete statement of the services rendered and a detailed breakdown of the hours spent, the hourly rate and the total amount requested for such services. Notice of the hearing shall be given pursuant to Probate Code § 1460. C. Payment by County. If the conservatee or person represented does not have the ability to pay compensation and expenses of counsel, as indicated on the Order Appointing Counsel, the attorney shall request payment in accordance with the guidelines set forth in the Court’s Claims Processing Policy for Court-Appointed Attorneys. The policy and the PGN 90 form for Application and Order for Payment of Attorney’s Fees is located on the Court’s website www.fresno.courts.ca.gov/forms-filing/local-forms., under the General Forms section. 1. Preparation of Claims: Counsel must provide a copy of the court order authorizing appointment, and the original plus one (1) copy of the following: a. A completed Application and Order for Payment Form; b. An “Attachment A” consisting of all detail supporting any request for payment of services rendered and/or mileage; and, c. An “Attachment B” consisting of all detail supporting any claim for reimbursement of expenses other than mileage. Original receipts and/or proof of payment (i.e. cancelled checks) must accompany each request for payment of expenses or the expense will be disallowed. 2. Detail of Claims: According to the Claims Processing Policy all requests for payment must include the following specific information: a. The month, day, year of service. b. The name and title of person who actually performed the service. c. The type of material read, reviewed or researched; the number of pages involved; and the number of times material was read, reviewed or researched. d. The name of person interviewed or consulted, whether the contact was in person or by telephone, and—without disclosing confidential information—the general purpose/description of conservation. e. The type of motion or document prepared, including the number of pages in each document. f. The amount of time spent on each activity detailed in .1 hour (6 minute) increments. g. Each activity within a bundled entry of time must be itemized by .1 increments. 3. Timely Submission of Claims: a. Requests for payment must be submitted on a timely basis. Requests submitted over six (6) months after services are provided will be deemed an untimely submission and will not be eligible for compensation. b. Requests submitted more than ninety (90) days after the date of each specific service provided will be reduced by fifteen percent (15%) without further notice. c. All claims for one billing period must be submitted on a single invoice. d. Invoices for services rendered or expenses during a billing period for which an invoice was previously submitted will be returned unpaid. 4. Submission of Claim Applications: Claim application documents may be submitted by mail or hand delivery as follows: a. Submit claims by U.S. Mail to: Court Claims Processing, Fresno Courthouse, 1100 Van Ness Avenue, Floor 1M, Fresno, California 93724. b. Submit claims via hand-delivery to: Fresno Courthouse, 1100 Van Ness Avenue, Fourth Floor, Room 401, Claims Processing Window #6, Fresno, California. c. Claims submitted via facsimile and/or email will be rejected. Complete instructions and additional information are located on the Court’s website, www.fresno.courts.ca.gov/forms-filing/local-forms, under the General Forms section. D. Payment to Counsel for LPS Conservatee. If private counsel is appointed to represent an LPS conservatee or proposed LPS conservatee and the person has the ability to pay compensation and expenses of counsel, as indicated on the Order Appointing Counsel, the petition for compensation shall be filed in the LPS proceeding following the guidelines set forth in subsection (B) above. If a conservator of the estate has been appointed, the petition should include the case number of the estate proceeding, if known to the court-appointed attorney. The court shall order the conservator of the estate or, if none, the person, to pay in any manner the court determines to be reasonable and compatible with the person’s financial ability. E. Time for Submission of Request for Compensation by Court Appointed Attorney. 1. If an attorney is appointed by the Court to represent a proposed conservatee and will be paid by the County, they shall comply with the requirements outlined in subsection C. 2. If an attorney is appointed by the Court to represent a proposed conservatee and will be paid by the conservatorship estate upon Court approval of fees pursuant to Probate Code section 1470, et. seq., any request for fees shall be made within ninety (90) days of the appointment of a conservator. a. If the attorney fees requested relate to any other matter involving the conservatee, such as sales or accountings, said fee request shall be made no later than ninety (90) days after the hearing on or conclusion of the matter. b. If the Court does not discharge counsel for a conservatee and continues the appointment, any final fee request of Court appointed counsel shall be made within ninety (90) days after the Court later discharges counsel, but in no event later than the hearing on a final account. (Effective July 1, 2021; Rule 7.15.10 (now 7.15.9) renumbered effective January 1, 2006; adopted as Rule 84.10 effective January 1, 2004) (Rule 7.15 renumbered effective January 1, 2006; adopted as Rule 84 effective January 1, 2004) RULE 7.16 ATTORNEY’S FEES AND COMMISSIONS IN GUARDIANSHIP AND CONSERVATORSHIP A. Attorney fees and commissions in guardianship and conservatorship matters are awarded based upon what is just and reasonable. Except as set forth in Rule 7.16 (B), below, an attorney seeking compensation or reimbursement of costs shall comply with California Rules of Court, Rules 7.750 through 7.752. B. The court will allow a flat fee for attorney services, without the need to comply with Rule 7.16 (A) above, as follows: 1. Establishment of a conservatorship or guardianship and preparation of the first account: $2,500.00, upon settling the account. 2. Court confirmed sale of real property: $2,500.00. 3. Attorney-prepared income tax returns: $600.00. 4. Each timely filed subsequent account: $1,250.00 per year. 5. If the account is not timely filed, compliance with Rule 7.16 (A), above, is required. C. The court will allow a flat fee for guardians and conservators, without the need to comply with Rule 7.16 (A), above, as follows: 1. Sale of personal property: 10% of the sales price, up to a maximum fee of $1,000.00. 2. Sale of real property: $1,000.00 (court confirmation is not required). D. Attorneys, guardians, and conservators may request fees in excess of the flat fees set forth in paragraphs B and C, above, but must comply with the requirements of Rule 7.16 (A), above. E. Absent a showing of good cause, no fees to the fiduciary or the fiduciary’s attorney will be ordered paid in guardianships or conservatorship proceedings until the filing of an inventory and in no event, before the expiration of ninety (90) days from the issuance of letters. Requests for fees to the fiduciary or fiduciary’s attorney will be considered as part of a petition for approval of an account. (Effective July 1, 2024, Rule 7.16 renumbered effective January 1, 2006; adopted as Rule 85 effective July 1, 2004) RULE 7.17 REIMBURSEMENT OF ATTORNEY'S, CONSERVATOR'S, GUARDIAN’S OR PERSONAL REPRESENTATIVE’S COSTS ADVANCED A. The following costs advanced may be reimbursed to the attorney, conservator, guardian or personal representative without prior court permission: 1. Fees charged by the Clerk of the Court. 2. Newspaper publication fee. 3. Surety bond premiums. 4. Probate referee fees. 5. Court investigator's fees. B. The following expenses are considered by the court to be a business expense and are not reimbursable costs or fees: 1. Photocopy expense (except as set forth in C below). 2. Telephone charges including appearances such as Court Call. 3. Computer research fees. 4. Clerical services. 5. Travel to and from court including parking fees. 6. Communications with Probate Examiners. 7. Runner or filing service fees. (Vendor service fees associated with electronic filing shall be reimbursable from the estate, and must be distinguished from fees charged by filing services used by attorneys) C. Requests for reimbursement of allowable costs must be supported by itemized declarations and are subject to the court’s discretion. Allowable costs include but are not limited to: 1. Postage and photocopy expense when more than ten people are entitled to notice, or in unusual circumstances upon a showing of good cause. 2. Necessary use of alternative delivery services: i.e., UPS, Fed-Ex, wire transfer. (Effective July 1, 2024, Rule 7.17 renumbered effective January 1, 2006; adopted as Rule 86 effective January 1, 2004) RULE 7.18 EXTRAORDINARY FEES IN DECEDENT’S ESTATES A. The court will allow the following amounts as extraordinary fees for attorneys without further justification or declaration as would otherwise be required by California Rules of Court, Rule 7.702-7.703: 1. Court confirmed sales of real property: $2,500.00. 2. Attorney-prepared Federal Estate Tax return: $2,000.00. 3. Attorney-prepared Estate Income Tax return: $500.00. B. The court will allow the following amounts as extraordinary fees for personal representatives without further justification or declaration as would otherwise be required by California Rules of Court, Rule 7.702-7.703: 1. Sales of real property: $1,000.00. 2. Sale of personal property: 10% of the sales price, up to a maximum fee of $1,000.00. 3. Personal-representative prepared Federal Estate Tax return: $2,000.00. 4. Personal-representative prepared Estate Income Tax return: $500.00. (Effective July 1, 2024, Rule 7.18 renumbered effective January 1, 2006; adopted as Rule 87 effective January 1, 2004) RULE 7.19 TRUSTS, SPECIAL NEEDS TRUSTS AND SUBSTITUTED JUDGMENTS A. A copy of the proposed trust instrument shall be attached to the petition. Special needs trust instruments shall include a “Schedule A” which lists the assets that will fund the special needs trust. B. Trusts funded by court order in Fresno County must comply with California Rules of Court 7.903 and must require court confirmation of sales of trust real property and advance approval of any purchases of real property. Payments for the purchase of any real property, and any tangible personal property valued at $2,000.00 or greater, shall be accounted for and the asset purchased identified and included on a Schedule of Trust Property on Hand at the time of the special needs trust accounting. C. A petition to approve the establishment of a trust for a conservatee should include a recommendation for the amount of bond to be posted by the proposed trustee and for termination of the conservatorship estate. Following termination of the conservatorship of the estate, new Letters shall issue for the conservatorship of the person only. Prior to granting a petition to establish a trust, the court will require that a final accounting be filed by the conservator. Thereafter, all trust accountings shall be filed in a new Trust file, and a filing fee shall be payable upon the filing of each account. D. Trusts created by the court shall be subject to the court’s continuing jurisdiction unless otherwise specified, and shall be subject to periodic accounts as are required in guardianship and conservatorship matters. The trust must include language that prior to any distribution to remainder beneficiaries, a final Trust Accounting must be approved by the Court. E. When a trust is subject to continuing court supervision, no payment of fees to attorneys, trustees, or others may be made without prior court approval. (Effective January 1, 2015, Rule 7.19.1 renumbered effective January 1, 2006; adopted as Rule 88.1 effective January 1, 2004) (Rule 7.19 renumbered effective January 1, 2005; adopted as Rule 88 effective January 1, 2004) RULE 7.20 COURT CONFIRMED SALES OF REAL PROPERTY Overbids. When an overbid is made in court, the bidder must submit cash, money order, or certified check at the time of the hearing in the amount of ten (10) percent of the minimum overbid. (Effective July 1, 2011, New) (Rule 7.20, New effective July 1, 2011) RULE 7.21 ACCOUNT STATEMENTS AND SUPPORTING DOCUMENTS FOR CONSERVATORSHIP AND GUARDIANSHIP ACCOUNTINGS A. All conservatorship and guardianship accounts must be supported by financial account statements verifying the balances and assets of accounts at financial institutions, including banks, credit unions security, brokerage and similar financial accounts as of the closing date of the accounting. If the accounting is the first account, financial account statements shall also be provided to show the account balance immediately preceding the first account period. The financial institution statements must be the originals must show the vesting of the account, the date, the balance and assets in the account. If a financial institution does not produce statements or records required by this rule, the fiduciary shall submit a declaration stating this fact and what records are available. The declaration shall include the following: 1. The name of the financial institution representative who represented that the institution does not or cannot on request produce statements or records required by this rule; 2. The date the fiduciary spoke with the representative; 3. Any other basis the fiduciary bases the claim that the financial institution does not produce or provide such statements or records. B. If financial institution records and/or residential care facility statements required to be submitted with an accounting are only received electronically, the report should so allege and copies of the electronic statements should be printed and provided or copies filed electronically. C. The financial institution account statements shall be filed separately from the accounting and attached to a separate affidavit or declaration describing the character of the document and shall be captioned “confidential financial statements.” The Court shall keep the financial institution account statements confidential, except such shall be available to the Court and Court personnel for use in reviewing accountings and reports and shall be subject to further disclosure only upon order of the Court. (Effective January 1, 2017, New) (Rule 7.21, New effective January 1, 2017) RULE 7.22 PERSONAL REPRESENTATIVE WHO IS AN ATTORNEY A. Where an attorney is the personal representative and also acts as the attorney for the estate or is a member of the law firm representing the personal representative in the estate proceeding, statutory attorney’s fees will not be allowed to the attorney or the firm in which the attorney is a member or associated unless a request is made by petition to the court filed within ninety (90) days of the initial appointment of the personal representative and the Court approves such request. The request if made to allow statutory attorney’s fees to a firm in which the personal representative is a member or is associated, shall include a statement that the personal representative will not share in the statutory attorney’s fees to be received by the firm. Unless the Court finds that the arrangement is to the advantage, benefit and best interest of the decedent’s estate as required by Probate Code § 10804, neither the personal representative nor a firm in which the personal representative is a member, shall be allowed a statutory attorney’s fee. B. Where an attorney serves as personal representative the Court will allow fees for extraordinary legal services to the personal representative or to a law firm in which the personal representative is a member only on a showing of the necessity of the services and that an arrangement for the extraordinary legal services be provided by the personal representative or firm in which the personal representative is a member will be to the advantage, benefit and best interest of the decedent’s estate. The personal representative shall petition for authorization to have the personal representative or law firm with which the personal representative is a member provide such extraordinary legal services prior to the legal services being provided. (Effective July 1, 2017, New) (Rule 7.22, New effective January 1, 2017) RULE 7.23 VIDEO CONFERENCING IN MEDICATION CAPACITY / RIESE HEARINGS AND WRIT OF HABEAS CORPUS MENTAL HEALTH HEARINGS Medication capacity hearings held pursuant to Welfare & Institutions Code § 5332, and writ of habeas corpus mental health hearings held pursuant to Welfare & Institutions Code § 5275, shall be held via video conference, unless otherwise ordered by the court for good cause shown. The patient, doctor and attorneys will appear for the hearing by video. The video equipment provided by the medical facility must provide two-way video and audio communication compatible with the video conference equipment of the court. (Effective January 1, 2021; adopted as Rule 7.23 effective July 1, 2018) (Rule 7.23, New effective July 1, 2018) (Chapter 7 amended effective January 1, 2006; adopted as VII effective July 1, 1992)
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.