Bill Summary – FastDemocracy

                                                    23LSO-0592
                            STATE OF WYOMING
                            HOUSE BILL NO. HB0186
     Court appointed attorneys-fee prohibition for minors.
     Sponsored by:    Representative(s)    Provenza and Senator(s)
                        Barlow
                                     A BILL
                                        for
 AN ACT relating to children; eliminating fees and costs
 related to the appointment of an attorney in a proceeding
 involving     a minor;   repealing    a provision;   specifying
 applicability; and providing for an effective date.
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 Be It Enacted by the Legislature of the State of Wyoming:
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        Section 1.    W.S. 7-6-106(b), (c) and by creating a new
 subsection (j) and 14-6-222(b) are amended to read:
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        7-6-106.    Determination of   need;   reimbursement for
 services.
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        (b)   In determining whether a person is a needy person
 and in determining the extent of his inability to pay, and,
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                          STATE OF WYOMING                               23LSO-0592
 in the case of an unemancipated minor, the inability to pay
 of his custodial parent or another person who has a legal
 obligation of    support,          the court shall consider the
 standards set forth in subsections (f) through (h) of this
 section and Rule     44(d),          Wyoming Rules of     Criminal
 Procedure. Release on bail does not necessarily prevent a
 person from being determined to be needy. In each case the
 person, subject to the penalties for perjury, shall certify
 in writing,      or by    other record,       the material factors
 relating to his ability to pay as the court prescribes.
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        (c)   In every case in    which    a person has received
 services under      W.S.        7-6-104,      the presiding judge shall
 determine whether the person or,       in the case of    an
 unemancipated minor,       his custodial parent or    any other
 person who has a legal obligation of support, is able to
 provide any funds towards payment of part or all of the
 cost associated with such services.                          If the person or, in
 the case of an unemancipated minor, his custodial parent or
 any other person who has a legal obligation of support, is
 not able to provide any funds towards payment of costs, the
 court shall enter a specific finding on the record.                                  If the
 court determines the person or,        in the case of   an
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                         STATE OF WYOMING                         23LSO-0592
 unemancipated minor,    his custodial parent or   any other
 person who has a legal obligation of support, is able to
 provide any amount as reimbursement, the court shall order
 the person or, in the case of an unemancipated minor, his
 custodial parent or     any other person who has     a legal
 obligation of support, to reimburse the state for all or
 part of the costs of the services provided or shall state
 on the record the reasons why an order for reimbursement
 was not entered, subject to subsection (j) of this section.
 Where a person is initially provided with counsel pursuant
 to     W.S.    7-6-105(a),       but subsequently retains private
 counsel, the court may order the person to reimburse the
 state for the services already provided. All reimbursements
 under this act shall be made through the clerk of court.
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        (j)    No court may assess fees or costs against a minor
 or the minor's custodial parent or    any other person
 obligated by     law for the minor's support for
 court-appointed legal services provided on behalf of the
 minor.
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        14-6-222.       Advising of    right to    counsel required;
 appointment of counsel.
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                       STATE OF WYOMING                      23LSO-0592
 1
         (b)   The court shall upon request appoint counsel who
 may be the guardian ad litem to represent the child. if the
 child,    his parents,    guardian,         custodian or    other person
 responsible for the child's support are unable to obtain
 counsel. If appointment of counsel is requested, the court
 shall require the child and his parents,     guardian,
 custodian or   other person legally responsible for the
 child's support to verify their financial condition under
 oath, either by written affidavit signed and sworn to by
 the parties or by sworn testimony made a part of the record
 of the proceedings. The affidavit or sworn testimony shall
 state they are without sufficient money, property, assets
 or credit to employ counsel in their own behalf. The court
 may require further verification of financial condition if
 it deems necessary.          If the child requests counsel and his
 parents, guardian, custodian or                 other person responsible
 for the child's support is able but unwilling to obtain
 counsel for the child, the court shall appoint counsel to
 represent the child and may direct reimbursement of counsel
 fees under W.S. 14-6-235(c).
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        Section 2.      W.S. 14-6-235(c) is repealed.
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                    STATE OF WYOMING                       23LSO-0592
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        Section    3.   This act shall apply to    proceedings
 beginning on or after the effective date of this act.
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        Section    4.   This act is    effective immediately upon
 completion of all acts necessary for a bill to become law
 as provided by   Article      4,    Section   8    of the Wyoming
 Constitution.
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                                     (END)
                                         5               HB0186
Statutes affected: 
Introduced: 7-6-106, 14-6-222, 14-6-235