Virginia HB 1206: Guardian ad litem; compensation, order of the court.

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2020 SESSION

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20105057D

HOUSE BILL NO. 1206 

Offered January 8, 2020 

Prefiled January 7, 2020 

A BILL to amend and reenact � 8.01-9 of the Code of Virginia, 
 relating to guardian ad litem; compensation; order of the court. 
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Patron-- Tran 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 8.01-9 of the Code of Virginia is amended and 
 reenacted as follows:

� 8.01-9. Guardian ad litem for persons under disability; when 
 guardian ad litem need not be appointed for person under disability; 
 compensation for a guardian ad litem.

A. A suit wherein a person under a disability is a party 
 defendant shall not be stayed because of such disability, but the court in 
 which the suit is pending, or the clerk thereof, shall appoint a discreet and 
 competent attorney-at-law as guardian ad litem to such defendant, whether the 
 defendant has been served with process or not. If no such attorney is found 
 willing to act, the court shall appoint some other discreet and proper person 
 as guardian ad litem. Any guardian ad litem so appointed shall not be liable for 
 costs. Every guardian ad litem shall faithfully represent the estate or other 
 interest of the person under a disability for whom he is appointed, and it 
 shall be the duty of the court to see that the interest of the defendant is so 
 represented and protected. Whenever the court is of the opinion that the 
 interest of the defendant so requires, it shall remove any guardian ad litem 
 and appoint another in his stead. When, in any case, the court is satisfied 
 that the guardian ad litem has rendered substantial service in representing the 
 interest of the person under a disability, it may allow the guardian reasonable 
 compensation therefor, and his actual expenses, if any, to be paid out of the 
 estate of the defendant. However, if the defendant's estate is inadequate for 
 the purpose of paying compensation and expenses, all, or any part thereof, may 
 be taxed as costs in the proceeding or, in the case of proceedings to 
 adjudicate a person under a disability as an habitual offender pursuant to 
 former � 46.2-351.2 or former � 46.2-352, shall be paid by the Commonwealth out 
 of the state treasury from the appropriation for criminal charges. In a civil 
 action against an incarcerated felon for damages arising out of a criminal act, 
 the compensation and expenses of the guardian ad litem shall be paid by the 
 Commonwealth out of the state treasury from the appropriation for criminal 
 charges. If judgment is against the incarcerated felon, the amount allowed by 
 the court to the guardian ad litem shall be taxed against the incarcerated 
 felon as part of the costs of the proceeding, and if collected, the same shall 
 be paid to the Commonwealth. By order of the court, in a civil action for 
 divorce from an incarcerated felon,