SB241 Alabama 2022 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Co-Sponsors

Malika Sanders-FortierRodger Smitherman

Session

Regular Session 2022

Title

Court costs, attorney compensation in commitment proceeding further provided for, Sec. 22-52-14 am'd.

Summary

SB241 lets probate judges pay upfront attorney fees for consultation and petition preparation in commitment proceedings.

What This Bill Does

The bill amends Section 22-52-14 to allow the judge of probate to compensate or reimburse an attorney for pre-appointment work related to consultation and petition preparation. It retains existing rules that fees for lawyers and guardians ad litem, and expert witnesses, be paid at set rates or as reasonable by the probate judge, with most costs coming from the State General Fund unless specific exceptions apply. It also clarifies who pays costs depending on the petition outcome and the petitioner's indigence status, and requires approval by the probate judge for pre-appointment attorney fees. The act becomes law on the first day of the third month after governor approval.

Who It Affects

• Attorneys appointed to advocate for the petition (and guardians ad litem) will be eligible for compensation that includes pre-appointment consultation and petition-preparation fees, subject to the judge's approval.
• Petitioners and their estates may bear some costs depending on the petition outcome and indigence status (e.g., costs may be taxed to the petitioner if denied and not indigent, or paid from the estate if granted and not indigent), while most costs are paid from the State General Fund.

Key Provisions

• Allows compensation or reimbursement for pre-appointment consultation and petition-preparation fees for attorneys appointed to advocate for the petition, with approval by the judge of probate.
• Maintains that attorney/guardian ad litem fees follow rates in Section 15-12-21; expert witnesses are paid as deemed reasonable by the judge; other costs are paid from the State General Fund unless specific payment-from-petition or from-estate provisions apply.
• Outlines when costs can be taxed to the petitioner or paid from the estate, based on denial/grant of the petition and indigence status.
• Effective date: the first day of the third month after passage/approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court Costs