Mississippi Senate Bill SB2086

Mississippi 2023 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23
• Failed: 1/31/23

Caption

Guardian ad litem fees; failure to pay enforced as any other civil debt.

Impact

The legislation alters existing statutory language to establish a clearer framework on how financial responsibilities related to guardian ad litem fees are handled. Under the new changes, courts retain the authority to appoint guardians ad litem in cases involving minors where their interests must be represented. This includes circumstances where the child's parent or guardian may not be able to advocate for them effectively due to various complications such as unavailability or conflicts of interest. This amendment is expected to potentially relieve courts from dealing with contempt issues related to fee nonpayment, thereby allowing for a more efficient judicial process.

Summary

Senate Bill 2086 addresses modifications to the Mississippi Code regarding the duties and fees associated with guardians ad litem appointed for children in legal proceedings. The bill specifically amends Sections 9-5-89 and 43-21-121 to clarify that failure to pay guardian ad litem fees shall not be deemed contempt of court but instead treated as a civil debt that can be enforced by writs of attachment or garnishment. This change aims to streamline the financial obligations regarding guardian ad litem appointments and ensure fairness in financial liability.

Contention

Key points of contention surrounding SB2086 include concerns regarding the implications for low-income parents or guardians who may struggle to meet financial obligations even if they are deemed civil debts. Critics worry that treating these fees as civil debts could lead to further burdens on these individuals, negatively impacting their access to legal representation for their children. However, proponents argue that the changes strengthen the oversight of child representation in legal proceedings and protect children's interests without overburdening the judicial system.