State statute changes mean the county will pay 5 percent more for guardian ad litem cases during the next fiscal year, according to state public defender Diane Lozano.

In a letter dated May 6, Lozano reminded the county commissioners that a decision during the 2008 legislative session requires them to reimburse the state for 25 percent of GAL costs -- a 5 percent increase from the last fiscal year's agreement.

Through the guardian ad litem program, court-appointed attorneys represent the interests of juveniles in abuse and neglect cases. Several years ago, changes in statutes required that children get better representation.

"Juvenile justice is a lot more complicated now than it was four or five years ago," said Gen Tuma, clerk of the district court. "And because of that, attorneys spend a lot more time preparing for hearings."

As a result, the costs to the county increased significantly. At a contracted rate of $100 per hour plus expenses, attorney fees in GAL cases could have cost the county an inordinate amount of money.

"The state changed the rules and counties took on the monetary burden," said Tuma.

To soften the blow, the state decided to reimburse counties for 80 percent of GALs representing children. Fees from court-appointed attorneys for parents in abuse and neglect cases are covered by the county.

The Legislature approved $4.2 million for the GAL program for the 2009-10 biennium. The recent changes will move funding control from the state supreme court to the state public defender.

"Part of me kind of thinks I'm giving up fiscal control," Tuma said, "but the other part of me says -- how do you dispute these (attorney bills) anyway?"

Program changes go into effect July 1, which marks the beginning of the new fiscal year. But Tuma said some things still need to be worked out with contracts and timing.

"I don't know how and I don't control what's going to happen," Tuma said. "But now the public defender is going to be responsible for the administration of the program."

Contact reporter Megan Lee at (307) 266-0589 or megan.lee@trib.com