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Appointment of counsel for a minor child in custody and visitation proceedings under Family Code section 3150 and CRC 5.240, 5.241 and 5.242: the eight factors the court considers, listed in the Order to Appoint Minor’s Counsel; and, where the court pays, an Income and Expense Declaration, reimbursement reviews at 30/60/90-day increments with declarations five (5) court days before, the court rate of $100.00 per hour and $50 per hour for support staff, a maximum of $3000.00 a case unless modified for good cause, notice to the Presiding Judge above $100,000 in a fiscal year, written requests for additional compensation, and the status of fees at every hearing (dated 7/31/2026).
California > Second Appellate District > Santa Barbara County > Superior Court of California, County of Santa Barbara
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA IN RE MINOR’S COUNSEL APPOINTMENTS [FAMILY CODE SECTION 3153(b)] STANDING ORDER RE: APPOINTMENT OF MINOR’S COUNSEL California Family Code section 3150 permits the court to appoint counsel to represent the interests of a minor child in custody and/or visitation proceedings. (Minor’s Counsel) under specified circumstances as set forth in the Family Code and the California Rules of Court, Rules 5.240, 5.241 and 5.242. A. Minor’s Counsel Appointment Family Code section 3150(a) proscribes how the court determines that it would be in the best interest of the minor child to appoint private counsel to represent the interest of that child in custody and/or visitation proceedings, provided the court and counsel comply with the requirements set forth in CRC Rules 5.240, 5.241 and 5.242. B. Minor’s Counsel Scope The court shall consider the scope of Minor’s Counsel on a case-by-case basis. In determining whether to appoint counsel, the court shall consider the following factors, including: (1) The issues of child custody and visitation are highly contested or protracted. (2) The child is subjected to stress because of the dispute that might be alleviated by the intervention of counsel representing the child. (3) Counsel representing the child would be likely to provide the court with relevant information not otherwise readily available or likely to be presented. (4) The dispute involves allegations of physical, emotional, or sexual abuse or neglect of the child. (5) It appears that one or both parents are incapable of providing a stable, safe, and secure environment. (6) Counsel is available for appointment who is knowledgeable about the issues being raised regarding the child in the proceeding. (7) The best interest of the child appears to require independent representation. (8) If there are two or more children, any child would require separate counsel to avoid a conflict of interest. The court shall identify which of these factors are specific to the case. Any factors identified by the court in making an appointment shall be expressly listed in the Order to Appoint Minor’s Counsel. C. Minor’s Counsel Fee Policy Family Code section 3153 requires the court to determine compensation for Minor’s Counsel. The court establishes the following requirements and procedures for Minor’s Counsel accepting or continuing any appointment to represent a minor if the court determines, under the provisions of CRC Rule 5.241(b) [determination of ability to pay], that both parents together cannot afford the cost of Minor’s Counsel and that the court shall pay all or some of the cost of Minor’s Counsel: (1) Parties shall be ordered to submit an Income and Expense Declaration, from which the court shall determine their ability to pay some or all the cost of Minor’s Counsel at the next scheduled court appearance. (2) In the event payment by the court is ordered, the court shall determine each party’s ability to reimburse the court on an ongoing basis (a monthly payment plan should be considered). A review date regarding compensation of Minor’s Counsel should be set out at a 30/60/90-day increments to ensure compliance with Family Code section 3151, with declarations of the parties to be submitted five (5) court days prior. (3) The court rate for Minor’s Counsel is $100.00 per hour and $50 per hour for support staff. (4) The court shall establish, at the time of the appointment, a maximum compensation level of the Minor’s Counsel fees and costs at no more than $3000.00 in each case, which the court may modify for good cause shown. (5) Absent further order of court, Minor’s Counsel shall not be paid by the court beyond this court authorized amount. (6) If payment is requested by any Minor’s Counsel that exceeds $100,000 in any fiscal year, for all cases for which they are appointed by this court (July 1 to June 30), Minor’s Counsel shall notify the Presiding Judge, who shall notify the Court Executive Officer and the Court’s Chief Financial Officer. (7) Requests for additional compensation by court-appointed counsel above the initial ceiling level shall be submitted in writing and must include the total amount previously approved for the attorney and support staff on the case, as well as establish good cause for the additional compensation. The court may award additional compensation upon competent evidence shown establishing good cause. (8) Minor’s Counsel must inform the court at every hearing of the status of all fees incurred, whether yet billed. GOOD CAUSE APPEARING, IT IS SO ORDERED. Dated: 7/31/2026 Patricia L. Kelly Presiding Judge Order re Minors Counsel [The clerk's filed stamp, upper right of page 1, reads "FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA JUL 31 2026 Angela Braun, Executive Officer By (signed) Deputy Clerk". The date "7/31/2026" is handwritten on the date line. The order is signed above the printed name. The court's name lines, the headings A to C and "GOOD CAUSE APPEARING, IT IS SO ORDERED." print in bold. The caption is set cell by cell (the left box, then the right box). Printed as transcribed: the period before "(Minor’s Counsel)" on page 1, "proscribes" in A, "at a 30/60/90-day increments" in C(2). The running footer "Order re Minors Counsel" is transcribed once; page numbers and pleading line numbers are omitted.]
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA IN RE MINOR’S COUNSEL APPOINTMENTS [FAMILY CODE SECTION 3153(b)] STANDING ORDER RE: APPOINTMENT OF MINOR’S COUNSEL California Family Code section 3150 permits the court to appoint counsel to represent the interests of a minor child in custody and/or visitation proceedings. (Minor’s Counsel) under specified circumstances as s
Reviewer note: Transcribed 2026-10-07 (California T4 Santa Barbara build 2026-10-07) from BenchPath custody ca/t4/ca-santa-barbara/docs/general/standing-order-re-appointment-minors-counsel.pdf (189820 bytes, sha256 e6b727b73df2142cbaa09758a388b57da7bf9d2effc09d10421b904a5d7fe216; 3 pages) - transcribed by eye from the rendered page images (200 dpi), every page read against its image; RapidOCR's reading of each page and a line-strip reading (each printed line read alone; the file carries no text layer) served only as second readers - every six-word window of the transcription was looked up in them and every miss read on the page image (custody vision/check-log.md); captions set cell by cell, pleading line numbers omitted, running footers transcribed once, handwritten fills in place, with a closing bracketed note; a signature itself is not transcribed.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.