SB148 Alabama 2023 Session

Summary

Primary Sponsor

Sam GivhanSenator

Republican

Session

Regular Session 2023

Title

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.

Summary

Raises the compensation cap for guardians ad litem in juvenile dependency cases from $2,500 to $5,000.

What This Bill Does

If enacted, the bill increases the maximum payment for guardians ad litem in juvenile dependency cases from $2,500 to $5,000. It keeps other caps for guardian ad litem work in different contexts (e.g., non-dependency juvenile cases remain $2,500; other felony/capital cases have their own caps). It also establishes a $70 per hour rate for indigent defense work and outlines related billing, expense reimbursement, and payment timelines with oversight by the trial court, Office of Indigent Defense, and the Comptroller.

Who It Affects

• Indigent juveniles in dependency cases and the guardians ad litem or attorneys appointed to represent them, who would be eligible for up to $5,000 in compensation for guardian ad litem services.
• Indigent defense attorneys, guardians ad litem, trial courts, the Office of Indigent Defense, and the Comptroller, who would administer, review, approve, and pay these fees under the new caps, rates, and procedures.

Key Provisions

• Amends Section 15-12-21 to raise the total compensation cap for guardians ad litem in juvenile dependency cases from $2,500 to $5,000.
• Maintains a $2,500 cap for guardians ad litem in juvenile non-dependency cases and sets other caps by offense type: unlimited for capital offenses, $4,000 for Class A felonies, $3,000 for Class B felonies, $2,000 for Class C/D felonies, and $1,500 for all other cases.
• Establishes a billing method based on hours at $70 per hour and allows reimbursement of nonoverhead expenses up to $300 without advance approval; expenses over $300 require trial court approval; expert/investigator fees require advance approval.
• Treats retrials as a new billing case and allows interim payment authority if needed; requires bill submission within 90 days after case conclusion or disposition and provides a certification by the trial court that representation was provided.
• Requires timely payment, with the Comptroller to pay within 90 days of submission; if payment is late, the attorney may receive 6% interest until payment is issued.
• Effective date: becomes law on the first day of the third month after 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

Guardians ad litem, compensation for appointed guardian ad litem in certain juvenile cases, increased