Holistic legal defense calls for attorneys to utilize a range of professionals and community members in their client’s legal representation, including from social services professionals.
- Social Work/Social Services Vendor hired for indigent defense cases are paid for through the Indigent Court Cost Act (ICCA).
- Social Work/Social Services Vendors have been advised to not start working on a case until there is an APPROVED Motion for Funds.
- A professional who is not a vendor for the Committee for Public Counsel Services (CPCS) can be hired and paid through the ICCA once they have completed the application and approval to bill process to become a CPCS vendor.
Motion for Funds:
1. Standard for determining need for an expert witness is one of reasonableness; if the person had financial means to hire their own Social Services Expert to prepare an adequate defense they would.
2. Affidavit (not all Motion for Funds require an affidavit)
a. The types of services to be provided;
b. Hours expected to be expended;
c. Hourly compensation rate of payment, e.g., the rate as set by the committee.
3. Ex Parte
An Ex Parte motion is heard in front of the judge without the presence of opposing counsel. An Ex Parte motion can be found in the record.
4. Motion to Impound
A separate motion must be filed to prevent opposing counsel from gaining access to the Motion for Funds. Once approved by a judge, this keeps the Motion for Funds from being filed in the clerk’s record.
Once you have an approved Motion for Funds, or if you have questions regarding how to hire and use a Social Work/Social Services Vendor, contact the Director of Private Social Work Services for the Division of your case.
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