HB 244 — Relating to guardians ad litem; to amend Section 15-12-21, Code of Alabama 1975; to increase the compensation for an attorney appointed to serve as a guardian ad litem in certain juvenile cases.

HB244 INTRODUCEDENROLLED LEHXYA-1LEHXYA-2 By Representatives Crawford, Robbins, Wadsworth, Ingram, Hill, Mooney, Standridge, Kiel, Woods, Lomax, Reynolds, Whitt, Paramore, Shaver, Oliver, Paschal RFD:

04-Apr-23 2023 Regular Session Page 0 LEHXYA-1HB244 03/31/2023Enrolled GPEnrolled, (L)lgAn 2023-1196Act, 23 4Relating SYNOPSIS:to guardians ad litem;

Under existing law, counsel appointed to represent or assist an indigent client or serve as a guardian ad litem in a juvenile case may be compensated a maximum fee of $2,500.

This bill would provide that counsel appointed to serve as a guardian ad litem for a juvenile in a dependency case may be compensated a maximum fee of $5,000.

A BILL TO BE ENTITLED AN ACT Relating to guardians ad litem;

"§15-12-21 (a) If it appears to the trial court that an indigent defendant is entitled to counsel, that the indigent defendant Page 1 HB244 INTRODUCED does not expressly waive the right to assistance of counsel, and that the indigent defendant is not able financially or otherwise to obtain the assistance of counsel through another indigent defense system for the circuit, the court shall appoint counsel to represent and assist the defendant.

(b) If it appears to the trial court in a delinquency case, need of supervision case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled to counsel and that the juvenile is not able financially or otherwise to obtain the assistance of counsel or that appointed counsel is otherwise required by law, the court shall appoint counsel to represent and assist the juvenile or Page 1 HB244 Enrolled act in the capacity of guardian ad litem for the juvenile.

Page 2 HB244 INTRODUCED (d) If the appropriate method for providing indigent defense services is by appointed counsel in a case described in subsections (a), (b), and (c), including cases tried de novo in circuit court on appeal from a juvenile proceeding, appointed counsel shall be entitled to receive for their services a fee to be approved by the trial court.

Page 2 HB244 Enrolled (1) In cases where the original charge is a capital offense or a charge which carries a possible sentence of life without parole, there shall be no limit on the total fee.

In juvenile cases, the total fee shall not exceed Page 3 HB244 INTRODUCED two thousand five hundred dollars ($2,500), except as provided in subdivision b.

In juvenile dependency cases, the total fee for guardians ad litem shall not exceed five thousand dollars ($5,000).($5,000), provided that a guardian ad litem shall receive no more than two thousand five hundred dollars ($2,500) during the first 18 months after his or her appointment to a case, and no more than one thousand dollars ($1,000) during each 12 months thereafter.

(6)If Ina allguardian otherad cases,litem does not receive the totalfull fee shallduring notthe exceedinitial one18-month thousandor subsequent 12-month period, any remaining fees may be carried over until the final disposition, his or her appointment as guardian ad litem ends, or his or her total fee for the case reaches five hundredthousand dollars ($1,500).($5,000), whichever occurs first.

(e)(6) CounselIn shallall alsoother becases, entitled to be reimbursed for any nonoverhead expenses reasonably incurred in the representationtotal offee hisshall ornot herexceed client,Page with3 anyHB244 expenseEnrolled inone 95thousand excessfive of three hundred dollars ($300)($1,500). subject to advance approval by the trial court as necessary for the indigent defense services and as a reasonable cost or expense.

(e) Counsel shall also be entitled to be reimbursed for any nonoverhead expenses reasonably incurred in the representation of his or her client, with any expense in excess of three hundred dollars ($300) subject to advance approval by the trial court as necessary for the indigent defense services and as a reasonable cost or expense.

Fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for 95 an indigent defendant shall be approved in advance by the trial court as necessary for the indigent defense services and as a reasonable cost or expense.

The bill shall be accompanied by a certification by the trial court that counsel provided Page 4 HB244 INTRODUCED representation to the indigent defendant, that the matter has been concluded, and that to the best of his or her knowledge the bill is reasonable based on the defense provided.

The trial court need not approve the items included on the bill or the amount of the bill, but may provide any information requested by the office or the indigent defense advisory board Page 4 HB244 Enrolled relating to the representation.

Page 5 HB244 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 27-Apr-23.

John Treadwell Clerk Senate 24-May-23 Passed House 25-May-23 Concurred in Senate Amendment Page 6