Section 26-17-17

Right to counsel; representation of minors; fees, expenses, and costs.

(a) In all proceedings under this chapter, any party may be represented by counsel. If the public authority chargeable by law with support of a child is a party, the appropriate attorney as provided in Section 26-17-7 shall represent the public authority. If the child receives public assistance and no conflict of interest exists, the appropriate attorney shall also represent the person having custody. If the child does not receive public assistance, the appropriate attorney may represent the person having custody at that person's request.

(b) The court shall appoint a guardian ad litem to represent a defendant who is a minor and who is not otherwise represented by counsel.

(c) It is the express intent of this chapter that parties to proceedings under the chapter should pay the fees and expenses of retained counsel, expert witnesses, guardians ad litem, the costs of appropriate tests and other costs of the trial as they may, themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian ad litem fees, costs of appropriate tests and other costs of the trial, including docket fees, to be paid by the parties in such proportions as the court may direct. In the event the court determines that a party is unable to pay the fees and costs as directed, it may order fees and costs, including fees and costs of appropriate tests, if such tests have been ordered by the court as provided in Section 26-17-12, to be paid from the fund entitled, "court costs not otherwise provided for." If costs and fees are ordered to be paid from said fund, claims shall be submitted by the clerk of the court to the State Comptroller for audit and allowance and, if approved by the comptroller, shall be forwarded to the State Treasurer for payment from said fund. Provided, docket fees and fees of retained counsel shall not be paid from said fund. Docket fees shall be waived if the court determines that the parties are incapable of paying them.

(d) Nothing contained in this chapter shall be construed so as to guarantee court-appointed counsel at the state's expense to any party who is not otherwise entitled to court-appointed counsel under statutory or case law. Appointment of counsel for a minor defendant or party who is entitled to counsel and the compensation of such appointed counsel shall be governed by the other applicable law.

(e) When a party bringing an action is represented by the district attorney or attorney authorized to represent the State of Alabama, no filing fee shall be paid to the clerk of the court but may be taxed as a cost of the action as provided herein.

(Acts 1984, No. 84-244, p. 375, §17.)