In Re Conservatorship of Ben C.

In this case pro bono counsel for a number of conservatees incurred expert witness costs without prior approval as required by local rules of court. This case presents the question whether reimbursement of such costs, in nonemergency circumstances, may be conditioned on preapproval by a trial court under its local rules. We hold the trial court may establish reasonable preapproval procedures and that the court has discretion to deny reimbursement when counsel has failed to comply with such procedures.

Ben C., Edward G., Mary H., Rafael S., Stephen T, Eileen W., and Fawn H. (Conservatees) appeal an order denying their petitions for reimbursement of expert costs concerning conservatorship proceedings under the Lanterman-Petris-Short (LPS) Act pursuant to Welfare and Institutions Code section 5000 et seq. The Conservatees contend: (1) their appeals of the court’s order denying their petitions for reimbursement of expert costs was timely; and (2) the trial court abused its discretion by denying their petitions for reimbursement because they had established indigency and evidentiary need thereby providing authority for the court to order reimbursement. We affirm the…