IN RE: ASSIGNMENT OF FAMILY CASES TO SELF-HELP PROGRAM

(PRO SE SECTION 80) CASES IN POLK COUNTY

IN ORDER to reflect the existence of a family division section created for the purpose of handling all domestic relations pro se cases, which is Section 80, it is

ORDERED AND DIRECTED that

I. Upon the initial filing of any action in the family law division to which a case number prefix DR is assigned, other than case types DOMV and REVI, the Clerk of Court shall assign to Section 80 any such case in which no party is represented by an attorney. Simultaneously, the clerk shall designate another family division section for such case on a rotating basis but shall not assign the case to that section at that time.

II. The Clerk shall assign or re-assign to Section 80 cases as specified below:

A. If, after a case has been assigned to Section 80, any party becomes represented by an attorney at any time during the pendency of an action and prior to final hearing, the Clerk of the Court shall immediately reassign the matter to the previously designated family division section described in paragraph I.

B. When a closed action previously assigned to Section 80 is reopened by the filing of a Notice of Appearance by an attorney or an attorney files any pleading, such as a petition to modify an existing court order or a petition to enforce an existing court order, the Clerk of Court shall reassign such family division case from Section 80 to the other previously designated family division section.

C. When a closed action previously assigned to any section is reopened by a pro se litigant who has filed a petition to modify an existing court order or a petition to enforce an existing court order, and the Department of Revenue or Department of Revenue conflict attorney is the only attorney of record , the Clerk of Court shall assign such family division case to Section 80.

III. When an attorney of record files a motion to withdraw from a family division case resulting in no party being represented by an attorney, the assigned judge shall, either at the hearing on the motion to withdraw or upon signing an Order of Withdrawal, set a Case Management Conference on the matter within sixty (60) days of that withdrawal. At the Case Management Conference, if a party states a desire to retain an attorney, they will be given thirty (30) days to do so. If after that 30 days a party has not obtained an attorney, the Clerk’s Office will reassign the matter to Section 80 by order of the family division judge handling the case.

There shall be no reassignment of a family division case upon the filing of documents that are not seeking court action, such as the filing of financial affidavits, W-2 forms, psychological evaluations, or other miscellaneous documents.

This Order supersedes Administrative Order Number 5-24.4 dated January 15, 2002.

ORDERED on this 20^th day of August, 2003.

Ronald A. Herring

Chief Judge