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STATE OF WEST VIRGINIA At a Regular Term of the Supreme Court of Appeals continued and held at Charleston, Kanawha County, on the 21st day of June, 2001, the following order was made and entered: IN RE: AMENDMENTS TO RULE 40 OF THE RULES OF PRACTICE AND PROCEDURE FOR FAMILY COURT This day came the Court and proceeded to consider proposed amendments to Rule 40 of the Rules of Practice and Procedure for Family Court. Following consideration thereof, the Court is of opinion to and doth hereby adopt provisionally the proposed amendments, effective immediately, and doth hereby approve a period for public comment on the amendments, said public comments to be filed on or before the 21st day of July, 2001, with the Clerk of the Supreme Court of Appeals of West Virginia. The amendments follow with deletions indicated by strike-throughs and additions indicated by underscoring: “RULES OF PRACTICE AND PROCEDURE FOR FAMILY COURT SPECIAL PROCEEDINGS AND PROCEDURES Rule 40. Appointments of guardians ad litem and attorneys for children. As provided by chapter 48, article 11, section 302 [48-11-302] of the Code, the court may appoint a guardian ad litem to represent a child’s best interest, or and an attorney for to represent a child. Such The appointments shall be made independently of any nomination by of the parties. The courtshall specify the terms of the appointment, including theguardian’s or attorney’s roles, duties, scope of authority,and method of payment, if any.Appointed guardians may (a) serve on a voluntarybasis without compensation, (b) be paid by a litigant-parentof the child for whom the appointment is made who has theability to pay, or (c) in some circumstances, be paid by theSupreme Court of Appeals. The court may appoint any attorneyto serve as a guardian ad litem.Eligibility for Supreme Court payment for court-appointed guardians ad litem or attorneys shall be determinedby the family court using guidelines established by theAdministrative Director of the Courts. Payment shall be madefrom court funds appropriated for that purpose, or from grantfunds designated for that purpose, at the rates establishedfor compensation of attorneys pursuant to W. Va. Code, 29-21-1to 22. The total compensation paid to guardians or attorneysfrom court or grant funds shall not exceed five hundreddollars ($500.00) per appointment. Requests for payment shallbe made on forms provided by the Administrative Director ofthe Courts. Requests for payment shall be reviewed andapproved by order of the court prior to submission to theAdministrative Director of the Courts for payment.As circumstances may warrant, at any time during theproceedings, the family court or the circuit court, in itsdiscretion, may tax the costs of the appointment of a guardianad litem or an attorney to either of the parties and requirethat any compensation previously paid from court funds orgrant funds be refunded to the Administrative Director of theCourts.The Administrative Director of the Courts shall havethe authority to approve and pay compensation in excess of thefive hundred dollars ($500.00) per appointment in exceptionalcases and for good cause shown.” A True Copy Attest: Clerk, Supreme Court of Appeals