LRBb1922/1
MGD:wlj:pg
2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 106,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 55
June 29, 2001 - Offered by Representative Richards.
SB55-ASA1-AA106,1,84
48.235
(8) (a) A guardian ad litem appointed under this chapter shall be
5compensated at a rate that the court determines is reasonable, except that, if the
6court orders a county to pay the compensation of the guardian ad litem under par.
7(b) or (c) 2., the amount ordered may not exceed the compensation payable to a
8private attorney under s. 977.08 (4m) (b)
, 1999 stats.".
SB55-ASA1-AA106,2,511
757.48
(1) (b) The guardian ad litem shall be allowed reasonable compensation
12for his or her services such as is customarily charged by attorneys in this state for
1comparable services. If the court orders a county to pay the compensation of the
2guardian ad litem, the amount ordered may not exceed the compensation paid to
3private attorneys under s. 977.08 (4m) (b)
, 1999 stats. If the attorney of record is also
4the guardian ad litem, the attorney shall be entitled only to attorney fees and shall
5receive no compensation for services as guardian ad litem.".
SB55-ASA1-AA106,2,128
758.19
(6) (a) In this subsection, "guardian ad litem costs" means the costs of
9guardian ad litem compensation that a county incurs under ch. 48, 55, 767, 880 or
10938, that the county has final legal responsibility to pay or that the county is unable
11to recover from another person and that does not exceed the per hour rate established
12for time spent in court by private attorneys under s. 977.08 (4m) (b)
, 1999 stats.".
SB55-ASA1-AA106,3,415
767.045
(6) Compensation. The guardian ad litem shall be compensated at a
16rate that the court determines is reasonable. The court shall order either or both
17parties to pay all or any part of the compensation of the guardian ad litem. In
18addition, upon motion by the guardian ad litem, the court shall order either or both
19parties to pay the fee for an expert witness used by the guardian ad litem, if the
20guardian ad litem shows that the use of the expert is necessary to assist the guardian
21ad litem in performing his or her functions or duties under this chapter. If both
22parties are indigent, the court may direct that the county of venue pay the
23compensation and fees. If the court orders a county to pay the compensation of the
24guardian ad litem, the amount ordered may not exceed the compensation paid to
1private attorneys under s. 977.08 (4m) (b)
, 1999 stats. The court may order a
2separate judgment for the amount of the reimbursement in favor of the county and
3against the party or parties responsible for the reimbursement. The court may
4enforce its orders under this subsection by means of its contempt power.".
SB55-ASA1-AA106,3,147
880.331
(8) Compensation. On order of the court, the guardian ad litem
8appointed under this chapter shall be allowed reasonable compensation to be paid
9by the county of venue, unless the court otherwise directs or unless the guardian ad
10litem is appointed for a minor, in which case the compensation of the guardian ad
11litem shall be paid by the minor's parents or the county of venue as provided in s.
1248.235 (8). If the court orders a county to pay the compensation of the guardian ad
13litem, the amount ordered may not exceed the compensation paid to private
14attorneys under s. 977.08 (4m) (b)
, 1999 stats.".
SB55-ASA1-AA106,3,2417
891.39
(1) (b) In actions affecting the family, in which the question of paternity
18is raised, and in paternity proceedings, the court, upon being satisfied that the
19parties to the action are unable to adequately compensate any such guardian ad
20litem for the guardian ad litem's services and expenses, shall then make an order
21specifying the guardian ad litem's compensation and expenses, which compensation
22and expenses shall be paid as provided in s. 967.06. If the court orders a county to
23pay the compensation of the guardian ad litem, the amount ordered may not exceed
24the compensation paid to private attorneys under s. 977.08 (4m) (b)
, 1999 stats.".
SB55-ASA1-AA106,4,73
938.235
(8) (a) A guardian ad litem appointed under this chapter shall be
4compensated at a rate that the court determines is reasonable, except that, if the
5court orders a county to pay the compensation of the guardian ad litem, the amount
6ordered may not exceed the compensation payable to a private attorney under s.
7977.08 (4m) (b)
, 1999 stats.".
SB55-ASA1-AA106,4,14
10938.996 Compensation. Any judge of this state who appoints counsel or a
11guardian ad litem pursuant to the provisions of the interstate compact on juveniles
12may, in the judge's discretion, allow reasonable compensation in an amount not to
13exceed the compensation paid to private attorneys under s. 977.08 (4m) (b)
, 1999
14stats., to be paid by the county on order of the court.".
SB55-ASA1-AA106,4,2317
977.08
(4m) (a) Unless otherwise provided by a rule promulgated under s.
18977.02 (7r), for cases assigned before December 1, 1992, private local attorneys shall
19be paid
$45 $70 per hour for time spent
in court; $35 per hour for time spent out of
20court related to a case, excluding travel,
related to a case; and $25 per hour for time
21spent in travel related to a case if any portion of the trip is outside the county in which
22the attorney's principal office is located or if the trip requires traveling a distance of
23more than 30 miles, one way, from the attorney's principal office.
SB55-ASA1-AA106,5,82
977.08
(4m) (c) Unless otherwise provided by a rule promulgated under s.
3977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after
4July 29, 1995 December 1, 1992, private local attorneys shall be paid
$40 $70 per
5hour for time spent related to a case, excluding travel, and $25 per hour for time spent
6in travel related to a case if any portion of the trip is outside the county in which the
7attorney's principal office is located or if the trip requires traveling a distance of more
8than 30 miles, one way, from the attorney's principal office.
SB55-ASA1-AA106,5,1210
978.045
(2) (a) The court shall fix the amount of compensation for any attorney
11appointed as a special prosecutor under sub. (1r) according to the rates specified in
12s. 977.08 (4m) (b)
, 1999 stats.".
SB55-ASA1-AA106,5,17
14"
(1m) Payments to assigned counsel. The treatment of section 977.08 (4m) (a),
15(b), and (c) of the statutes first applies to work performed on a case on the effective
16date of this subsection and to case-related travel occurring on the effective date of
17this subsection.".
