REGULATIONS

OF

THE HANCOCK COUNTY LEGAL AID PROGRAM

             The Hancock County Legal Aid Program is a legal aid program established by and supported solely through the volunteer efforts of members of the Hancock County Bar Association.  No State, Federal or County tax dollars are used for the program and the program depends entirely upon those Hancock County attorneys who devote their time and efforts to it.

            The following are the Rules and Regulations for the Hancock County Legal Aid Program.  A copy of these rules and regulations are available for all interested persons in the office of Hancock Superior Court II.

            I.          ELIGIBILITY  Applicants who are currently receiving Welfare are automatically accepted if they meet the other requirements.  Other applicants may be accepted, if they meet the attached income requirements and do not have sufficient liquid assets and/or credit to afford a lawyer.  If assets are not liquid or credit is not available, a lawyer may be assigned, conditioned on an obligation to pay attorney's fees from available assets as soon as feasible.  Additional requirements for eligibility are:

            A.        You must be a resident of Hancock County.

             B.         Case must be capable of being handled in Hancock County.

             C.        Case must not be an excluded case as set forth below:

                         1.         Criminal cases are not eligible.

                         2.         Some Paternity cases are not eligible. - Petitioner handled by Prosecutor.  Respondents who meet other criteria are eligible.

                         3.         Some Dissolution of Marriage, Post-Dissolution and Post-Paternity proceedings are not eligible.

                                     (a)        Respondents are accepted, if they are otherwise eligible. 

                                     (b)        Divorce Petitioners are accepted only in cases of abuse, abandonment or neglect.  In abandonment cases, the spouse shall have been gone at least 30 days with no support of family.

                                     (c)        Child Custody and Visitation Petitions are accepted only in cases where the child's physical health is in danger or there is danger of significant impairment of the child's emotional development.  Assigned attorney will review again for these criteria. 

                                     (d)        If it appears that the non-applying spouse or parent has sufficient income or assets to pay attorney's fees under court order, then the Legal Aid Committee will review and assign an attorney only, if in its opinion, private employment cannot be arranged.

                                     (e)        Post-Dissolution matters involving child support only and initial child support actions for person initiating action are not eligible   for person initiating action, but Respondent's may be eligible. 

                         4.         Legal Separation Actions are not eligible.

                         5.         Any type of civil case that has been filed or could be handled as a small claims matter in the Hancock Superior Court II are not eligible.

                         6.         Bankruptcy cases are not eligible.

                         7.         Any type of fee generating case, such as contingency fee cases or cases in which a fee is provided for by statute (i.e. worker's compensation and Social Security), are not eligible.

                         8.         Probate Matters are not eligible.

             II.         PROCEDURE  All applicants must appear personally in the Hancock Superior II Courtroom, Courthouse, Greenfield, IN at 4:30 p.m. on the 2nd or 4th Wednesday of the month.  There will be no intake the 4th Wednesday of December.  The intake officer will review and screen the applicant for eligibility requirements and refer the applicant to an attorney.  Click here to view the application (PDF required). The Attorney and the Legal Aid Committee will also review eligibility.  In case of emergency, applications are available in the Hancock County Superior Court II.  Court personnel can provide the potential applicant with a form to be filled out and returned and the Court personnel will notify the Legal Aid committee.

            III.       PROCEDURE AFTER BEING DETERMINED ELIGIBLE.  Upon being declared eligible  to participate in the Legal Aid Program, an applicant will be given the name of the attorney assigned to his/her case.  The applicant should make arrangements as soon as possible to meet with that attorney.  It is the applicant's responsibility to make contact with the assigned attorney -- the attorney need not make initial contact with the applicant.

            The assigned attorney has the right to review the case, determine whether he/she is interested in handling this as a legal aid case, and reject the case if he/she does not wish to accept the particular client, determines that the applicant does not meet the program guidelines, or that the case is frivolous or otherwise lacking in merit in either justice or law.  It is the responsibility of any attorney refusing to accept a legal aid case to contact the Legal Aid Committee if he/she cannot handle the case so that another attorney may be assigned. 

            If the assigned attorney determines that the applicant does have sufficient funds to make at least a partial payment of his/her fee, the attorney may request that the applicant begin making partial payments toward the total fee and if the applicant refuses, the attorney has the right to withdraw from the case.  Representation on appeal is not required as a part of the Legal Aid appointment.

2007 LEGAL AID INCOME GUIDELINES