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RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

ADMINISTRATIVE RULES 35 TO 59

Rule 48-A. Guardians Ad Litem Fees -- Indigent Cases and Parental Notification Cases

(1) Itemization of Bills. All bills related to fees and expenses must be itemized as to the time spent and expenses incurred on each case, and there shall be no separate charge for overhead.  A copy of the Notice of Appointment order on appointment or other supporting document must be attached to the bill with each submission.

(2) Fees. The provisions of this rule shall only apply to proceedings within the original jurisdiction of the district and probate courts, in which guardians ad litem are appointed, and the party responsible for payment is indigent, and parental notification cases under RSA 132:34.

Maximum guardian ad litem compensation as authorized by the administrative justice shall be limited as follows:

    (a) Time properly chargeable to case: $60 per hour. Travel time is not a compensable event unless expressly authorized by the court in advance for exceptional circumstances.

    (b) Maximum fee for abuse and neglect cases through conclusion of dispositional hearing pursuant to RSA 169-C:19: $1,400.

    (c) Maximum fee for CHINS cases (169-D) or delinquency cases (169-B) through conclusion: $900.

    (d) Maximum fee for court review hearings in guardianship of minor or adult cases or abuse and neglect case: $300.

    (e) Maximum fee for TPR case (170-C): $1,400.

    (f) Maximum fee for appeals to the superior court: $900.

    (g) Maximum fee for guardianship cases pursuant to RSA chapters 463 or 464-A: $1,400.

    (h) Maximum fee for parental notification cases pursuant to RSA 132:34, excluding any appeal to the supreme court: $1,000.

    (i)  Maximum fee for appeals to the supreme court in parental notification cases pursuant to RSA 132:34: $500.

Only upon express, written finding for good cause and exceptional circumstances by the court will the maximum fees be exceeded or will additional fees be authorized.

 In any case filed before July 12, 2011, any petition to exceed the maximum fee guidelines must be approved prior to the guidelines being exceeded; provided, however, that the court may waive the requirement for prior approval when justice so requires.

 In any case filed on or after July 12, 2011, any petition to exceed the maximum fee guidelines must be approved prior to the guidelines being exceeded.  In any such case, fees in excess of the maximum compensation in this rule will be paid only if the administrative judge of the circuit court or the chief justice of the superior court, as the case may be, certifies the good cause and exceptional circumstances justifying the excess fees.

When a guardian ad litem represents more than one client on any particular day, the hours spent shall be allocated accordingly. Representation of more than one client on the same day and in the same court shall be noted on the bills submitted. All bills shall be reviewed by the judge who presided over the case, if practicable.

The adequacy of the rates prescribed by this rule may, upon request of the supreme court, be reviewed periodically by the advisory committee on rules.

(3) Expenses - Reimbursable. Investigative, expert, or other necessary services may be compensated only upon a finding of necessity and reasonableness by a justice of the appropriate court, made prior to said expense being incurred.

    (a) Except for those services for which rates are established by the supreme court, the presiding justice may consider, but shall not be bound by, the prevailing rates or any rates established by a licensing agency or professional association in approving fees for services specified above.

    (b) Rates for the services of interpreters for all parties and the court shall be established by the supreme court.

    (c) No cost for investigative, expert, or other necessary services as initially approved may be exceeded prior to a subsequent finding of necessity by a justice of the appropriate court.

    (d) All bills for investigative, expert, or other necessary services shall be reviewed by the judge who presided over the case, if practicable.

    (e) Guardians ad litem shall be reimbursed for the mileage expenses incurred in representing their client at the standard mileage reimbursement rate currently allowed by the Internal Revenue Service.  Requests for reimbursement of mileage expenses shall specify the actual number of miles traveled.

    (f) The expense of telephone calls shall not be reimbursed.

(4)  Deadline for Filing Bills with Court.  All bills related to fees and expenses must be submitted no later than sixty days after the close of the case.  The court may allow late filing for good cause shown, when justice so requires.

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