FISCAL NOTE
Date Requested: February 09, 2024
Time Requested: 10:00 AM |
| Agency: |
Supreme Court of Appeals |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2794 |
Introduced |
HB5065 |
|
|---|
| CBD Subject: |
Courts; Juveniles |
|---|
|
FUND(S):
General
Sources of Revenue:
General Fund
Legislation creates:
Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
As drafted, the bill increases the hourly rate for panel attorneys serving as guardians ad litem in abuse and neglect proceedings from an out-of-court rate of $60 per hour to $105 per hour, and from an in-court rate of $80 per hour to $125 per hour.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2024
Increase/Decrease
(use"-") |
2025
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
320,000 |
320,000 |
320,000 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
320,000 |
320,000 |
320,000 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Appointed attorneys in circuit court are paid by Public Defender Services. The Supreme Court's budget does not include money for guardians at litem in abuse and neglect cases. However, under Rule 47 of the Rules of Practice and Procedure for Family Court, allegations of abuse and neglect, issues related to the child's health and safety, or challenges to paternity require the Family Court Judge to appoint a guardian ad litem for the child or children. For indigent parties, Trial Court Rule 21.06 sets the reimbursement rate at $80 per hour for out-of-court work and $100 per hour for in-court work. Those bills are paid by the Supreme Court from general revenue funds appropriated by the Legislature. The Court pays attorneys around $1 million annually for this work. A 31% increase in rates would increase this amount by approximately $320,000 per year.
Memorandum
As drafted, the bill would have no fiscal impact on the Supreme Court. This is because an equivalent increase in Trial Court Rule 21.06 would require the Supreme Court to vote to amend the rule. The Court has not taken a position as to whether this bill will result in an amendment, however for the purpose of informing the Legislature of this distinction between guardian ad litem funding in family court and circuit court and to aid in its consideration of the bill, the Supreme Court provides the Fiscal Note estimating a potential increase to the Court's budget as well assuming an equivalent rate adjustment.
Person submitting Fiscal Note: Keith Hoover
Email Address: keith.hoover@courtswv.gov