Conn. Prob. Ct. R. P. 12

As amended through July 1, 2024

Rule 12 - Court-appointed Attorney

Section 12.1 When attorney appointed

(a) The court shall appoint an attorney to represent a party when appointment is required by law.

(b) The court shall appoint an attorney to represent a party when appointment is authorized by law and the court determines that the appointment is necessary to protect the interests of the party.

(c) The court shall send a copy of the appointment to each party and attorney of record.

Section 12.2 Appointment from panel of attorneys maintained by probate court administrator

The court shall appoint an attorney for an unrepresented party from the panel of attorneys maintained by the probate court administrator when appointment is required in the following types of matters:

(1) commitment for treatment of psychiatric disability under C.G.S. section 17a-76 or 17a-498;

(2) involuntary placement of a person with intellectual disability under C.G.S. section 17a-274;

(3) appointment of a special limited conservator under C.G.S. section 17a-543a;

(4) commitment for treatment of drug and alcohol dependency under C.G.S. section 17a-685;

(5) order of quarantine or isolation under C.G.S. sections 19a-131b and 19a-221;

(6) commitment for treatment of tuberculosis under C.G.S. section 19a-265(h);

(7) involuntary appointment of conservator under C.G.S. section 45a-649a;

(8) sterilization under C.G.S. section 45a-694; and

(9) any other statute that requires appointment of an attorney from the panel.

(Probate Court Regulations, section 13.)

Section 12.3 Appointment from panel of attorneys maintained by court

(a) Each court shall maintain a panel of attorneys.

(b) If the appointment of an attorney for an unrepresented party is required by law and the appointment is not governed by section 12.2, the court shall appoint an attorney from the panel maintained under subsection (a).

(c) Notwithstanding subsection (b), the court may appoint an attorney from the panel maintained by the probate court administrator for any matter under this section.

(Probate Court Regulations, section 13.)

Section 12.4 Court-appointed attorney: Rules of Professional Conduct

An attorney appointed to represent a party under rule 12 shall advocate for the client in accordance with the Rules of Professional Conduct.

Section 12.5 Duration of appointment

Unless otherwise required by law, the appointment of an attorney by the court shall continue for the duration of the matter in the Probate Court or until further order of the court.

(C.G.S. section 45a-649a; Connecticut Practice Book section 35a-19(c).)

Section 12.6 Withdrawal from court appointment

On written request of a court-appointed attorney, the court may permit the attorney to withdraw from representation of a party.

The court may act on the request without notice and hearing. If the court grants the request, the court shall appoint another attorney and notify each party and attorney of record of the appointment.

(Probate Court Rules, section 5.7.)

Conn. Prob. Ct. R. P. 12

Rule 12 adopted effective 7/1/2013. Section 12.2 amended effective 1/1/2020.