HB 2101 - Under current law, when a party is represented in a civil action by a legal aid society, a legal services or other certain nonprofit organizations, a law school clinic, or a private attorney working on behalf of such entities, all costs and expenses may be waived without needing a motion and court approval if the society or organization determines, and files with the court a certification, that the party is unable to pay such costs and expenses. This act excludes guardian ad litem (GAL) fees from this provision of current law and instead requires an updated certification to be filed prior to a trial commencing when a GAL has been appointed. A party requesting the court to apportion GAL fees may make a motion to the court upon the conclusion of the action to review the fee waiver. Any party may present additional evidence on the financial condition of the parties and, based upon that evidence, the court may order the certifying party to pay a portion of the GAL fees if the court finds that party has the present ability to pay such fees.
Any failure to pay GAL fees shall not preclude a certifying party from filing future suits and shall not be used as a basis to limit the certifying party's prosecution or defense of the action.
This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/HB 2562 (2018) and SCS/HB 1249 (2018).
SARAH HASKINS