In any commitment proceeding, the fees of any attorney appointed by the probate judge to act as advocate for the petition and any attorney or guardian ad litem appointed by the probate judge for the person sought to be committed shall be set at the rates established by Section 15-12-21; and any expert employed to offer expert testimony, in such amounts as found to be reasonable by the probate judge; and all other costs allowable by law shall be paid by the state general fund upon order of the probate judge; except, that if the petition is denied and the petitioner is not indigent and is not a law enforcement officer or other public official acting within the line and scope of his or her duties, all costs may be taxed against the petitioner, or if the petition is granted and the person sought to be committed is not indigent, the probate judge may order all costs paid from the estate of the person committed. Fees for an attorney appointed to advocate for the peritioner may include reasonable fees related to consultation and preparation of the petition prior to appointment, subject to approval by the judge of probate.
(Acts 1975, No. 1226, p. 2562, §11; Acts 1977, No. 670, p. 1143; Acts 1984, 1st Ex. Sess., No. 84-833, §2; Act 2023-61, §1.)
Notes of Decisions
Health Care Auth. v. Madison Cnty., 601 So. 2d 459 (Ala. 1992).
· cites it 7× “lly stated so in Code of Alabama 1975, § 22-21-291 (the Health Care Responsibility Act) and that the private psychiatric treatment of indigent persons awaiting acceptance at a Department of Mental Health facility is not one of the costs contemplated in the `and all other costs…”
Childree v. Health Care Auth. of City of Huntsville, 548 So. 2d 419 (Ala. 1989).
· cites it 7× “The Comptroller argues that the State can never be liable for costs or fees unless they are expressly approved by the Legislature and that the Legislature did not approve payment by the State of any costs associated with Code of Alabama 1975, § 22-52-14, which provides as…”
Roberts v. Roberts, 189 So. 3d 79 (Ala. Civ. App. 2015).
· cites it 3× “…judgment of the trial court is affirmed. AFFIRMED. THOMPSON, P.J., and PITTMAN, THOMAS, and MOORE, JJ., concur. . See Ala.Code 1975, § 22-52-14 (applying § 15r 12-21 to civil-commitment proceedings • in, probate court), § 22-11A-35 (applying § 15-12-21 to a guardian ad litem…”
Matter of Cartee, 410 So. 2d 905 (Ala. Civ. App. 1982).
“*907 In accordance with §§ 22-52-14, 15 and the request of attorney for James Ronald Cartee for a grant of attorney's fee on appeal, a fee of $300 is hereby awarded and assessed against petitioner, Curtis Cartee, together with all costs.”
Univ. of South Alabama v. Escambia Cnty., 812 So. 2d 336 (Ala. Civ. App. 2000).
“The supreme court read § 22-52-14, the statute dealing with the payment of costs in civil commitment hearings, in pari materia with § 22-21-291, part of the Health Care Responsibility Act, in determining that the County was responsible for the costs of involuntarily committed…”
Williams v. Tanner, 607 So. 2d 171 (Ala. 1992).
· cites it 2× “Lawrence Martin, and Shelby Medical Center, we conclude that the undisputed facts appear to be as follows: Williams’s mother filed a civil involuntary commitment petition with the Shelby County Probate Court pursuant to Ala. Code 1975, § 22-52-14. After reviewing the petition…”
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