KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Wyoming

HB0186 • 2023

Court appointed attorneys-fee prohibition for minors.

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.

Children Parental Rights
Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Representative Provenza
Last action
2023-02-07
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

The bill summary text was not provided, so additional details may be missing.

No Fees for Minors' Court-Appointed Attorneys

This act stops courts from charging minors or their custodial parents fees when a lawyer is appointed to represent them in legal proceedings involving the minor.

What This Bill Does

  • Removes the ability of courts to charge minors or their custodial parents for court-appointed attorneys in cases involving minors.
  • Repeals an existing law that allowed reimbursement of attorney fees from minors' custodial parents if they were able but unwilling to obtain counsel.

Who It Names or Affects

  • Minors involved in legal proceedings who need court-appointed attorneys
  • Parents or guardians of minors who are unable to hire an attorney

Terms To Know

Custodial parent
The parent with whom a minor primarily lives and is financially responsible for the child.

Limits and Unknowns

  • The bill does not specify how courts will cover the costs if they cannot charge minors or their parents.
  • This act only applies to proceedings starting on or after March 1, 2023.

Bill History

  1. 2023-02-07 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2023-02-07 House

    H No report prior to CoW Cutoff

  3. 2023-01-31 House

    H01 - Judiciary:Do Pass Failed 3-6-0-0-0

  4. 2023-01-20 House

    H Introduced and Referred to H01 - Judiciary

  5. 2023-01-18 House

    H Received for Introduction

  6. 2023-01-18 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
23LSO-0592
2023
STATE OF WYOMING
23LSO-0592
Numbered
2.0

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.

Be It Enacted by the Legislature of the State of Wyoming:

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:

7
‑
6
‑
106.

Determination of need; reimbursement for services.

(b)

In determining whether a person is a needy person and in determining the extent of his inability to pay,
and, 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.

(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 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.

(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.

14
‑
6
‑
222.

Advising of right to counsel required; appointment of counsel.

(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).

Section 2.

W.S. 14
‑
6
‑
235(c) is repealed.

Section 3.

This act shall apply to proceedings beginning on or after the effective date of this act.

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.

(END)

1
HB0186