Can juvenile courts order state agencies to pay expert witness fees? GAL v. State Explained

In GAL v. State, the Utah Court of Appeals addressed whether juvenile courts have authority to order the Division of Child and Family Services (DCFS) to pay expert witness fees for court-appointed evaluators, even when DCFS refuses to call the expert as its own witness.

Background and Facts

A Guardian ad Litem filed a petition seeking DCFS custody of three children from their father, alleging abuse and neglect. The juvenile court found that an expert evaluation would be helpful and ordered DCFS and the Guardian to coordinate in selecting an appropriate evaluator. The parties agreed on Dr. Mercedes Reisinger, who conducted a comprehensive family evaluation with DCFS initially agreeing to pay the costs. However, before trial, DCFS removed Dr. Reisinger from its witness list and informed her it would not pay her fee if called to testify. The Guardian subsequently called Dr. Reisinger as a witness at trial.

Key Legal Issues

The central issue was whether the juvenile court had statutory authority to order DCFS to pay Dr. Reisinger’s expert witness fee when DCFS argued that no statute or rule permitted costs to be imposed against the state. DCFS contended that under Utah Rule of Civil Procedure 54(d)(1), costs against the state may only be awarded upon express statutory authorization.

Court’s Analysis and Holding

The Court of Appeals found that Dr. Reisinger became a court-appointed expert when the parties selected her pursuant to the juvenile court’s order. Under Utah Code section 78-46-33(3), the court has authority to “determine the reasonable compensation of the expert and order payment.” The court emphasized that this statutory language grants juvenile courts discretion to determine both the amount of expert witness fees and which party must pay them. The juvenile court’s order requiring DCFS to pay the fee was within its statutory authority and constituted a proper exercise of discretion.

Practice Implications

This decision establishes important precedent for expert witness fee allocation in juvenile proceedings. Practitioners should recognize that when experts are selected by party agreement pursuant to court order, they may be deemed court-appointed experts subject to judicial fee allocation authority. The ruling also clarifies that state agencies like DCFS cannot avoid expert witness costs simply by refusing to call agreed-upon evaluators as witnesses.