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2001 SESSION

013146412
SENATE BILL NO. 1104
Offered January 10, 2001
Prefiled January 10, 2001
A BILL for the relief of Ashton, Walla & Associates, P.C.
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Patron-- Colgan
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Referred to Committee on Finance
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Whereas, the Juvenile and Domestic Relations Court of Stafford County, and later the Circuit Court of Stafford County, appointed Ashton, Walla & Associates, P.C. ("Ashton & Walla") as the guardian ad litem of four children, one of whom was physically abused and the others who showed signs of having been physically and emotionally abused, in legal proceedings that lasted from 1993 through 1999 and that involved termination of parental rights and custody claim by foster parents; and

Whereas, on August 11, 1997, and again in March 1999, Ashton & Walla applied for payment of fees and costs to the Circuit Court of Stafford County in the amount of $26,262.74, of which $23,485.82 constituted fees and $2,776.92 constituted costs; and

Whereas, in June 1999, Ashton & Walla received a payment of $5,000, but the Circuit Court of Stafford County denied the balance of the payment requested; and

Whereas, Ashton & Walla brought litigation against the Commonwealth in the Circuit Court of City of Richmond, but Ashton & Walla did not prevail in that litigation, and their petition for appeal to the Supreme Court of Virginia was denied; and

Whereas, § 8.01-9 states that a guardian ad litem shall not be liable for cost and that the court may allow reasonable compensation and actual costs to be paid by the children's estate, but if the children's estate is unable to pay then the Commonwealth shall pay reasonable compensation and actual costs to the guardian ad litem; and

Whereas, § 16.1-167 sets the maximum amount to be paid to the guardians ad litem in certain cases to $100 per case; however, several opinions of the Attorney General of Virginia provide that cases involving custody disputes are not subject to such limitation; and

Whereas, the 1994 General Assembly, through Senate Joint Resolution 90, requested the Judicial Council of Virginia to approve guidelines that would pay the guardians ad litem at a rate of $60 per hour for in-court services and $40 per hour for out-of-court services with no ceiling for documented hours, and such guidelines were adopted by the Judicial Council of Virginia; and

Whereas, the current guidelines for payment of guardian ad litem for certain children, approved by the Supreme Court of Virginia, provide that guardians ad litem shall be compensated $70 per hour for in-court services and $50 per hour for out-of-court services without limitation on the payments for hours that are documented and approved by the judge who appointed the guardian ad litem; and

Whereas, Ashton & Walla has no other means to obtain relief except by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That there is hereby appropriated from the general fund of the state treasury the amount of $20,000 to be paid by check issued by the State Treasurer on warrant of the Comptroller to Ashton, Walla & Associates, P.C., upon execution of a release of all claims they may have against the Commonwealth or any agency, instrumentality, office, employee, or political subdivision in connection with the aforesaid occurrence.