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Committee recommends paying civilian witnesses federal-rate fee for court appearances
Summary
The committee voted to recommend Ought to Pass on House Bill 697, which would authorize witness fees for civilian witnesses in criminal proceedings at the same rate used in federal court; the recorded committee vote was 11–1.
Representative Caitlin Kuttab introduced House Bill 697, which would authorize witness fees for civilian witnesses who appear in criminal proceedings and tie the state rate to the federal statutory fee (28 U.S.C. §1821). Kuttab said current practice provides no payment for many local witnesses and that the federal rate (roughly $40 per day under current federal law) is a reasonable yardstick.
Members asked operational questions about whether the fee applies to first appearances and whether using the federal statute as a reference could create state budget exposure if the federal rate changed. Representative Smith and Representative Tripp recounted instances in which they or acquaintances were asked to appear multiple times in distant courts and received no payment. Kuttab said the bill was a limited step to compensate witnesses asked to travel or appear on multiple dates; she noted the state previously repealed a small historic witness fee and that the proposal would restore a meaningful daily payment.
The committee voted in executive session to move HB 697 Ought to Pass. The roll call recorded 11 yeas and 1 nay. The chair asked Representative Kuttab to prepare the committee report.
