BILL #    HB 2255	TITLE: domestic relations; court appointments; fees
SPONSOR:    Keshel	STATUS: House Engrossed
PREPARED BY:    Benjamin Beutler

Description

The bill would increase the required qualifications for expert witnesses in certain domestic relations cases, clarify the scope of their work, and require the Superior Court to pay the cost.

Estimated Impact

We estimate the bill would likely increase county costs for expert witnesses. The magnitude will depend on:

· The number of hearings where the court already pays the expert witness costs. We understand anecdotally that some of the involved parties currently pay the cost.

· How much the revised qualifications would increase the average payment for expert witnesses.

We have insufficient information to quantify these impacts.

The Administrative Office of the Courts (AOC) has not yet responded to our request for the fiscal impact.

Analysis

Under current law, a Superior Court judge presiding over certain domestic relations disputes may seek the advice of "professional personnel" and may order an investigation to assist in determining the best interests of the child. Under the rules established by the Arizona Supreme Court, the cost of expert witnesses may be paid by the courts or shared by the parties involved. The bill would revise that ability to only allow the court to take testimony from an expert if they have specialized expertise and their testimony adheres to guidelines of their professional licensing board. The bill would also require the Superior Court to pay the cost of the expert witness in domestic relations cases.

Based on our research, the hourly rate for an expert witness varies significantly by type of witness. For example, a medical expert witness is usually compensated much more than a non-medical expert witness. A few examples of expert witnesses are psychologists, psychiatrists, physicians, and clinical social workers.

According to a survey of expert witnesses performed by SEAK, a professional development organization for expert witnesses, the median hourly fee for an expert witness is $500 for in-court testimony, $500 for depositions, and $450 for case review and preparation. These hourly rates are within the $300 to $500 range provided by AOC during the House Judiciary Committee hearing.  

3/11/25