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40 verbatim requirements from administrative order 2017-22-02 - Amended Order Governing Appointment and Payment of Court Appointed Mental Health Experts.
9th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://ninthcircuit.org/sites/default/files/AO2017-22-02.pdf, harvested 2026-07-25; whitespace normalised only. • If a court order designating experts to examine a defendant for sanity purposes is required for payment purposes, the order must be separate from any order appointing experts for competency evaluations. • In cases involving a competency evaluation, except guardianship cases, the moving party must prepare the proposed order appointing the expert(s) and must use the appropriate standardized competency order posted on the Circuit’s website. • On those infrequent occasions in which the standard payment rate is insufficient or there is a need for a type of evaluation not specifically encompassed in this Administrative Order, an order appointing an expert who is to be paid by the Court, must include the payment amount and an explanation why it is necessary to exceed the standard fee. • The presiding Judge must first obtain approval from the Administrative Judge or the Chief Judge to pay more than the standard fee. • The order must specifically state that the evaluation/services and the amount were preapproved by either the Administrative Judge or the Chief Judge. • The Judge must select the expert(s) from the Circuit’s expert witness registry unless paragraph 2 below is applicable. • If an appropriate expert witness is not available in this Circuit, then, if possible, an expert must be selected from another Circuit’s registry. • If the person to be examined is located outside the areas where this Circuit’s experts are located, then the Judge must use an expert from the registry of the Circuit in which the person resides. • For example, if a defendant is incarcerated in a correctional facility located in the Eighth Circuit and cannot be brought to the Ninth Circuit for evaluation, an expert from the Eighth Circuit’s registry must be appointed. • These procedures must be preapproved by the Administrative Judge or the Chief Judge and the order of appointment must state that the appointment and fee were preapproved by either the Administrative Judge or the Chief Judge. • In all orders under this section, the certificates of service must include the expert(s) and Court • Judges must attempt to appoint the same expert across multiple cases and attempt to use an evaluation in another case if relatively close in time to the current case. • If a subsequent evaluation is required for any reason, whenever possible the Judge should appoint an expert who previously evaluated the person. g. • If the expert determines the defendant is competent to stand trial and either party requests a second opinion, the requesting party must pay for the second expert. • Any no shows or follow-up evaluations involving the second expert must be paid by the requesting party. • In order for an expert to be paid for services rendered, the expert must file a written report with the Judge that explicitly addresses each of the factors listed in the order of appointment. c. • Experts appointed under this provision must be either a Florida licensed psychiatrist, psychologist, or physician, satisfactorily complete the approved training as an expert by the Department of Children and Family Services, have a least five years of experience in this area of expertise, and maintain a business office in Orange, Osceola, Lake, Brevard, Seminole, or • The expert must attach a copy of the order to the invoice. e. • Experts appointed under this provision must be either a Florida licensed psychiatrist, psychologist, or physician, qualified by the Agency for Persons with Disabilities to perform evaluations of persons with intellectual disabilities and autism, have a least five years of experience in this area of expertise, and maintain a business office in Orange, Osceola, Lake, Brevard, • In those rare instances when the Judge specifically orders the expert to testify, and preapproval is obtained from the Administrative Judge or the Chief Judge, the Court will pay for the expert’s time while testifying; however, for payment purposes, the Judge must enter an order directing the expert to testify indicating it is the Court’s intent the expert testify. • Experts appointed under this provision must be either a Florida licensed psychiatrist, psychologist, or physician, satisfactorily complete the approved training as an expert by the • The expert must attach a copy of the order to the invoice. d. • One must be a psychiatrist or a physician while the other two must be either a psychologist, gerontologist, psychiatrist, physician, registered nurse, nurse practitioner, licensed social worker, person with an advanced degree in gerontology from an accredited college or university, or other person who by knowledge, skill, experience, training, or education, may, in the Court’s discretion, advise the Court in the form of an expert opinion. • The members must also have at least five years of experience in area of expertise, four hours of initial training and two hours of continuing education during each 2-year period after the initial training. • A member must maintain either a business office or residence in Orange, Osceola, Lake, Brevard, Seminole or Polk Counties. c. • In order for an expert to be paid for services rendered, the expert must file a written report with the Judge. d. • Experts appointed for this Committee must have expertise in the diagnosis, evaluation, and treatment of persons who have intellectual disabilities or autism. -- 6 of 9 -- • The Committee must include at least one licensed and qualified physician, one licensed and qualified psychologist, and one qualified professional who, at a minimum, has a master’s degree in social work, special education, or vocational rehabilitation counseling. c. • In order for an expert to be paid for services rendered, the expert must file a written report with the Judge that explicitly addresses each of the factors listed in the order of appointment. d. • Experts must have at least five years of experience in area of expertise and must maintain a business office or residence in Orange, Osceola, Lake, Brevard, Seminole or Polk • Experts appointed under this provision must be a Florida licensed psychiatrist, psychologist, or physician, qualified by the Agency for Persons with Disabilities to perform evaluations of persons with intellectual disabilities and autism, and have at least 5 years of experience in this area of expertise. b. • In order for an expert to be paid for services rendered, the expert must file a written report with the Judge that explicitly addresses each of the factors listed in the order of appointment unless specifically waived by the Judge. c. • All orders for evaluations under this paragraph must be preapproved by the Administrative Judge. • The order appointing an expert under this provision must state that preapproval was obtained from the Administrative Judge and specifically state what services the expert is to perform. b. • Experts must abide by the Billing Manual for Experts Seeking Compensation from The • The order must state with specificity the amount to be paid to the expert. • If the invoice is for services not paid by a standard flat fee, the invoice must be descriptive and include identifying details with enough information for a meaningful audit by Court • The expert must specifically identify the names of tests, examinations, evaluations, documents reviewed, and must itemize the time spent performing each task. • All invoices must be submitted within thirty days after the completion of the services provided or compensation may be denied. • Order are superseded and this Administrative Order shall control. -- 8 of 9 --
If a court order designating experts to examine a defendant for sanity purposes is required for payment purposes, the order must be separate from any order appointing experts for competency evaluations.
Reviewer note: Order PDF sha256: b34d635f3aef64f2986751694228d46046f8bb0c9d0204643dfd3de4b7ab69e5. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.