HB159 Alabama 2023 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

Regular Session 2023

Title

Relating to court costs; to amend Section 22-52-14, Code of Alabama 1975; to further provide for an appointed attorney's compensation in a commitment proceeding.

Summary

HB159 would let Alabama probate judges pay attorneys for pre-appointment work (consultation and petition preparation) in commitment proceedings.

What This Bill Does

It amends Section 22-52-14 to authorize compensation or reimbursement of reasonable pre-appointment fees for attorneys who advocate for the petitioner, with approval by the probate judge. It maintains that most costs are paid from the state general fund, but outlines when costs could be charged to the petitioner or paid from the petitioner’s estate if certain conditions apply (denial with nonindigent petitioner; grant with nonindigent person). It also reinforces that other related costs (rates for petition and guardian ad litem, expert testimony) follow existing rules and are approved by the probate judge.

Who It Affects

• Attorneys who advocate for petitioners in commitment proceedings will be eligible for compensation for pre-appointment consultation and petition-preparation fees, subject to probate judge approval.
• Petitioners (the people being considered for commitment) who are not indigent may face cost shifting in certain outcomes (denial or grant) as provided by existing rules.
• The State General Fund remains the primary payer of most costs, unless the bill’s cost-shifting provisions apply or the petitioner’s estate is used to pay costs when appropriate.

Key Provisions

• Authorizes compensation or reimbursement for reasonable pre-appointment consultation and petition-preparation fees for attorneys advocating for the petitioner, subject to probate judge approval.
• Fees for petition and guardian ad litem at rates set by Section 15-12-21, and expert testimony costs, continue to be paid as determined reasonable by the probate judge; other costs remain payable from the State General Fund on order, with specified exceptions for nonindigent petitioners.
• If the petition is denied and the petitioner is not indigent (and not a public official acting within duties) costs may be taxed against the petitioner; if the petition is granted and the person is not indigent, the probate judge may order costs to be paid from the estate.
• Effective date: becomes effective on the first day of the third month following passage and 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, appointed attorney's compensation in commitment proceeding, further provided for