Bill Text: IL HB4232 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a court-appointed attorney serving as the attorney for the minor child, guardian ad litem, or child representative shall review the case and submit a litigation budget for court approval. (Eliminates provisions that state that (i) the court shall order the payment to an appointed attorney, guardian ad litem, or child's representative of an amount for costs, fees, and disbursements, according to invoices filed every 90 days during the representation; and (ii) the court shall review the invoices submitted and approve the fees, if they are reasonable and necessary.) Provides that the court shall not authorize payment of bills to an appointed attorney that are not properly itemized. Provides that case budgets, bills for services and expenses, and any case budget modifications shall be reviewed and approved by the trial judge and the chief judge of the circuit court or the chief judge's designee. Provides that the compensation for an appointed attorney shall not exceed $150 per hour, as adjusted annually by the State Treasurer based upon the consumer price index. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB4232 Detail]

Download: Illinois-2009-HB4232-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4232 Introduced 2/27/2009, by Rep. Timothy L. Schmitz SYNOPSIS AS INTRODUCED:
750 ILCS 5/506 from Ch. 40, par. 506
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a court-appointed attorney serving as the attorney for the minor child, guardian ad litem, or child representative shall review the case and submit a litigation budget for court approval. (Eliminates provisions that state that (i) the court shall order the payment to an appointed attorney, guardian ad litem, or child's representative of an amount for costs, fees, and disbursements, according to invoices filed every 90 days during the representation; and (ii) the court shall review the invoices submitted and approve the fees, if they are reasonable and necessary.) Provides that the court shall not authorize payment of bills to an appointed attorney that are not properly itemized. Provides that case budgets, bills for services and expenses, and any case budget modifications shall be reviewed and approved by the trial judge and the chief judge of the circuit court or the chief judge's designee. Provides that the compensation for an appointed attorney shall not exceed $150 per hour, as adjusted annually by the State Treasurer based upon the consumer price index. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 506 as follows:
(750 ILCS 5/506) (from Ch. 40, par. 506)
Sec. 506. Representation of child.
(a) Duties. In any proceedings involving the support,
custody, visitation, education, parentage, property interest,
or general welfare of a minor or dependent child, the court
may, on its own motion or that of any party, appoint an
attorney to serve in one of the following capacities to address
the issues the court delineates:
(1) Attorney. The attorney shall provide independent
legal counsel for the child and shall owe the same duties
of undivided loyalty, confidentiality, and competent
representation as are due an adult client.
(2) Guardian ad litem. The guardian ad litem shall
testify or submit a written report to the court regarding
his or her recommendations in accordance with the best
interest of the child. The report shall be made available
to all parties. The guardian ad litem may be called as a
witness for purposes of cross-examination regarding the

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guardian ad litem's report or recommendations. The
guardian ad litem shall investigate the facts of the case
and interview the child and the parties.
(3) Child representative. The child representative
shall advocate what the child representative finds to be in
the best interests of the child after reviewing the facts
and circumstances of the case. The child representative
shall meet with the child and the parties, investigate the
facts of the case, and encourage settlement and the use of
alternative forms of dispute resolution. The child
representative shall have the same authority and
obligation to participate in the litigation as does an
attorney for a party and shall possess all the powers of
investigation as does a guardian ad litem. The child
representative shall consider, but not be bound by, the
expressed wishes of the child. A child representative shall
have received training in child advocacy or shall possess
such experience as determined to be equivalent to such
training by the chief judge of the circuit where the child
representative has been appointed. The child
representative shall not disclose confidential
communications made by the child, except as required by law
or by the Rules of Professional Conduct. The child
representative shall not render an opinion,
recommendation, or report to the court and shall not be
called as a witness, but shall offer evidence-based legal

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arguments. The child representative shall disclose the
position as to what the child representative intends to
advocate in a pre-trial memorandum that shall be served
upon all counsel of record prior to the trial. The position
disclosed in the pre-trial memorandum shall not be
considered evidence. The court and the parties may consider
the position of the child representative for purposes of a
settlement conference.
(a-3) Additional appointments. During the proceedings the
court may appoint an additional attorney to serve in the
capacity described in subdivision (a)(1) or an additional
attorney to serve in another of the capacities described in
subdivision (a)(2) or (a)(3) on the court's own motion or that
of a party only for good cause shown and when the reasons for
the additional appointment are set forth in specific findings.
(a-5) Appointment considerations. In deciding whether to
make an appointment of an attorney for the minor child, a
guardian ad litem, or a child representative, the court shall
consider the nature and adequacy of the evidence to be
presented by the parties and the availability of other methods
of obtaining information, including social service
organizations and evaluations by mental health professions, as
well as resources for payment.
In no event is this Section intended to or designed to
abrogate the decision making power of the trier of fact. Any
appointment made under this Section is not intended to nor

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should it serve to place any appointed individual in the role
of a surrogate judge.
(b) Fees and costs; court-appointed attorney for the minor
child, guardian ad litem, or child representative.
(1) This Section applies only to compensation and
expenses of an attorney appointed by the court as set forth
in this Section for the period after appointment.
(2) Litigation budget.
(A) The court shall require an attorney for the
minor child, guardian ad litem, or child
representative, including those appointed in Cook
County, after the attorney has had adequate time to
review the case and prior to engaging trial assistance,
to submit a proposed estimated litigation budget for
court approval, that will be subject to modification in
light of facts and developments that emerge as the case
proceeds. Case budgets shall be reviewed and approved
by the judge assigned to try the case and the chief
judge of the circuit court or the chief judge's
designee. As provided under paragraph (5) of this
subsection (b), petitions for compensation shall be
reviewed and approved by both the trial judge and the
chief judge of the circuit court or the chief judge's
designee.
(B) The litigation budget shall serve purposes
comparable to those of private retainer agreements by

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confirming both the court's and the attorney's
expectations regarding fees and expenses.
Consideration should be given to employing a pretrial
conference in order to facilitate reaching agreement
on a litigation budget at the earliest opportunity.
(C) The budget shall be incorporated into an
initial pretrial order that reflects the
understandings of the court and the attorney regarding
all matters affecting the attorney compensation and
reimbursement and payments for investigative, expert,
and other services, including, but not limited to, the
following matters:
(i) The hourly rate at which the attorney will
be compensated.
(ii) The best preliminary estimate that can be
made of the cost of all services, including, but
not limited to, attorney, expert, and
investigative services, that are likely to be
needed through the phases of the proceedings. The
court shall have discretion to require that
budgets be prepared for shorter intervals of time.
(D) An approved budget shall guide the attorney's
use of time and resources by indicating the services
for which compensation is authorized. The case budget
shall be re-evaluated when justified by changed or
unexpected circumstances and shall be modified by the

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trial judge and the chief judge of the circuit court or
the chief judge's designee when reasonable and
necessary.
(3) An attorney for the minor child, guardian ad litem,
or child representative shall be compensated after the
review and approval by the trial judge and the chief judge
of the circuit court or the chief judge's designee of a
claim for services detailing the date, activity, and time
duration for which compensation is sought. Compensation
for an attorney for the minor child, guardian ad litem, or
child representative may be paid at a reasonable rate not
to exceed $150 per hour. The court shall not authorize
payment of bills that are not properly itemized.
(4) Beginning in 2010, every January 20, the statutory
rate prescribed in paragraph (3) shall be automatically
increased or decreased, as applicable, by a percentage
equal to the percentage change in the consumer price
index-u during the preceding 12-month calendar year.
"Consumer price index-u" means the index published by the
Bureau of Labor Statistics of the United States Department
of Labor that measures the average change in prices of
goods and services purchased by all urban consumers, United
States city average, all items, 1982-84=100. The new rate
resulting from each annual adjustment shall be determined
by the State Treasurer and made available to the chief
judge of each judicial circuit.

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(5) An attorney for the minor child, guardian ad litem,
or child representative may also petition the court for
certification of expenses for reasonable and necessary
expenses including, but not limited to, investigatory and
other assistance, experts, and other witnesses. If the
requests are submitted after services have been rendered,
the requests shall be supported by an invoice describing
the services rendered, the dates the services were
performed, and the amount of time spent. These petitions
shall be reviewed and approved by both the trial judge and
the chief judge of the circuit court or the chief judge's
designee.
(6) An attorney for the minor child, guardian ad litem,
or child representative shall petition the court for
certification of compensation and expenses under this
Section periodically during the course of that person's
representation. The petitions shall be supported by
itemized bills showing the date, the amount of time spent,
the work done, and the total being charged for each entry.
The court shall not authorize payment of bills that are not
properly itemized. The petitions shall be reviewed and
approved by both the trial judge and the chief judge of the
circuit court or the chief judge's designee.
The court shall enter an order as appropriate for costs,
fees, and disbursements, including a retainer, when the
attorney, guardian ad litem, or child's representative is

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appointed. Any person appointed under this Section shall file
with the court within 90 days of his or her appointment, and
every subsequent 90-day period thereafter during the course of
his or her representation, a detailed invoice for services
rendered with a copy being sent to each party. The court shall
review the invoice submitted and approve the fees, if they are
reasonable and necessary.
Any order approving the fees shall require payment by
either or both parents, by any other party or source, or from
the marital estate or the child's separate estate. The court
may not order payment by the Department of Healthcare and
Family Services in cases in which the Department is providing
child support enforcement services under Article X of the
Illinois Public Aid Code. Unless otherwise ordered by the court
at the time fees and costs are approved, all fees and costs
payable to an attorney, guardian ad litem, or child
representative under this Section are by implication deemed to
be in the nature of support of the child and are within the
exceptions to discharge in bankruptcy under 11 U.S.C.A. 523.
The provisions of Sections 501 and 508 of this Act shall apply
to fees and costs for attorneys appointed under this Section.
(Source: P.A. 94-640, eff. 1-1-06; 95-331, eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.