HB 634-FN – AS INTRODUCED
2011 SESSION
09/05
HOUSE BILL 634-FN
AN ACT relative to payment of guardian ad litem and mediator fees in marital cases where the parties are indigent.
SPONSORS: Rep. G. Richardson, Merr 4; Sen. Houde, Dist 5
COMMITTEE: Children and Family Law
This bill abolishes a special fund for compensation of mediators and guardians ad litem in marital cases where the parties are indigent. The bill also repeals an obsolete provision regarding the regulation of guardians ad litem by the supreme court.
This bill was requested by the supreme court.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0824
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to payment of guardian ad litem and mediator fees in marital cases where the parties are indigent.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repayment of Mediator Fees by Indigent Parties. Amend RSA 461-A:7, X to read as follows:
X. In the event both parties are indigent, the mediator shall be paid a set fee for his or her services. The amount of the fee shall be set annually by supreme court rule. The court may order each party to pay a proportional amount of said fee. The fee shall be paid [from the special fund established pursuant to RSA 461-A:17] by the judicial council and repaid by the parties in accordance with RSA 461-A:18, including fees for pre-suit marital mediation authorized pursuant to RSA 490-E:2, V.
2 Repayment of Guardian Ad Litem Fees by Indigent Parties. Amend RSA 461-A:16, IV to read as follows:
IV. The fees for services for the guardian ad litem and others utilized by the guardian and approved by the court shall be a charge against the parties in a proportional amount as the court may determine. Where the parties are indigent, compensation for guardians ad litem and others utilized by the guardian and approved by the court shall be based upon the applicable fee schedule established by the supreme court for indigent defense counsel and shall be paid by the judicial council and repaid by the parties in accordance with RSA 461-A:18.
3 Repayment of Mediator and Guardian Ad Litem Fees. Amend RSA 461-A:18, I to read as follows:
I. In any case where a mediator has been appointed pursuant to RSA 461-A:7 or a guardian ad litem has been appointed pursuant to RSA 461-A:16 and the responsible party’s proportional share of the expense is ordered to be paid by the judicial council [from the special fund established pursuant to RSA 461-A:17], the party shall be ordered by the court to repay the state through the unit of cost containment, office of administrative services, the fees and expenses paid on the party’s behalf as the court may order consistent with the party’s ability to pay, such ability to be determined by the unit of cost containment.
4 Repeal. The following are repealed:
I. RSA 6:12, I(b)(81), relative to moneys deposited in the mediator and guardian ad litem fund.
II. RSA 461-A:16, VI, relative to regulation of guardians ad litem by the supreme court.
III. RSA 461-A:17, relative to a special fund for compensation of mediators and guardians ad litem.
5 Effective Date. This act shall take effect July 1, 2011.
LBAO
11-0824
Revised 01/27/11
HB 634 FISCAL NOTE
AN ACT relative to payment of guardian ad litem and mediator fees in marital cases where the parties are indigent.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state general fund revenue and decrease state restricted revenue by $289,000 in FY 2012 and each year thereafter, and may decrease state expenditures by an indeterminable amount in FY 2012 and each year thereafter. The Judicial Council states this bill will increase state general fund revenue and decrease state restricted revenue by $240,000 in FY 2012 and each year thereafter, and have an indeterminable fiscal impact on state general fund expenditures. There is no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Judicial Branch states this bill would repeal the special fund for the compensation of mediators and guardians ad litem where the parties are indigent in the Judicial Council and authorizes the Judicial Council to pay for pre-suit marital mediation where the parties are indigent. The Branch states 22.77% ($41) of the entry fee paid in each petition and cross-petition in marital cases is the source of fund for the mediator and guardian ad litem fund. The Branch states there was $289,000 in the fund in FY 2010. Assuming the fund receives the same level of revenue in FY 2012 as it did in FY 2010, then state general fund revenue will increase and state restricted revenue will decrease by $289,000 in FY 2012 and each year thereafter. The Branch states allowing the Judicial Council to pay for pre-suit marital mediation where the parties are indigent may result in savings. For the Judicial Branch the savings would result from having more uncontested cases shortening the average case processing time both clerically and judicially. The Branch also states the Judicial Council may experience some savings. To the extent the pre-suit marital mediation is successful the Judicial Council would not have to pay the costs of guardians ad litem in litigation which is substantially higher than that of mediators. The Branch is not able to quantify the savings that may result because of this bill.
The Judicial Council states this bill repeals the special fund for mediators and guardians ad litem and directs the entire filing fee go to the general fund. The Council states this will increase state general fund revenue and decrease state restricted fund revenue by $240,000. This bill adds a new cost to the Council by allowing pre-suit mediation for parties that are indigent. These cases start at a flat fee of $300 each and have the ability to increase in cost from that point on an individual per person case cap. If the pre-suit mediation results in no additional appointment of guardians ad litem this may result in some savings. However if there is a need for an appointment of guardians ad litem, then the pre-suit mediation is a new increased cost. The Council states the FY 2010 costs for guardians ad litem was $1,108,084 and for mediators it was $54,970. The Council has no information to determine the fiscal impact on expenditures by allowing pre-suit mediation be paid by the Council.