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2001 SESSION

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SB 1104 Claims; Ashton, Walla & Associates, P.C.

Introduced by: Charles J. Colgan | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Claims; Ashton, Walla & Associates, P.C. Provides $20,000 in relief to Ashton, Walla & Associates, P.C. ("Ashton & Walla"). Courts of Stafford County appointed Ashton & Walla as a guardian ad litem of four abused children from 1993 to 1999. The case involved termination of parental rights and custody dispute over the children. In 1997 and again in 1999, Ashton & Walla applied for payment of cost and fees totaling $26,262.74. Of this amount, the court only paid $5,000 and denied the balance. Ashton & Walla did not prevail in litigation against the Commonwealth to collect the balance, and their subsequent appeal to the Supreme Court of Virginia was denied. Section 8.01-9 provides that a guardian ad litem shall not be liable for cost, but may be allowed reasonable compensation and actual costs to be paid by the parents; however, where the parents are unable to pay, § 8.01-9 provides that the Commonwealth shall pay the guardian ad litem. In addition, § 16.1-267 provides limitation on payment of guardians ad litem in certain cases; however, several opinions of the Attorney General of Virginia provide that such limitations do not apply when the case involved custody dispute. In addition, the 1994 General Assembly had requested the Judicial Council of Virginia to adopt, and the Judicial Council of Virginia so adopted, guidelines that would pay the guardians ad litem at a rate of $60 per hour for in-court time and $40 per hour for out-of-court time without a ceiling.


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