SB44 Alabama 2023 Session

Updated Feb 22, 2026

Summary

Primary Sponsor: Bobby D. SingletonSenator
Democrat
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: SB44 allows probate judges to compensate attorneys for pre-appointment consultation and petition preparation in commitment proceedings and clarifies how other costs are paid.
What This Bill Does
The bill sets how costs in commitment proceedings are handled. It fixes attorney and guardian ad litem fees at standard rates, allows reasonable pre-appointment fees for petition advocacy, and requires expert witness fees to be reasonable as determined by the probate judge. Most other costs remain paid by the state general fund, with certain exceptions for non-indigent petitioners or when costs are charged against a petitioner’s estate. The outcome-based rules for cost allocation stay in place: costs can be taxed to the petitioner if the petition is denied and the petitioner is not indigent, or paid from the petitioner’s estate if the petition is granted and the person is not indigent.

Who It Affects
Attorneys appointed by the probate judge to advocate for the petition (and any guardians ad litem) – their fees will be paid at standard rates and may include pre-appointment consultation and petition preparation fees with the judge's approval.
Petitioners (the person sought to be committed) and their estates – cost payment depends on indigence and the outcome: non-indigent petitioners may have costs taxed against them if denied, or paid from their estate if granted.

Key Provisions
Fees for attorneys appointed to advocate for the petition and for guardians ad litem are set at rates established by Section 15-12-21; expert testimony fees are payable in amounts found reasonable by the probate judge; all other costs are paid by the state general fund upon order of the probate judge.
Fees for the petitioner's attorney may include reasonable fees related to consultation and preparation of the petition prior to appointment, subject to approval by the judge of probate; if the petition is denied and the petitioner is not indigent (and not a public official), costs may be taxed against the petitioner; if the petition is granted and the person is not indigent, the probate judge may order all costs paid from the estate.

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