(concurring). The majority opinion recognizes that attorneys who are appointed pursuant to and as required by sec. 803.01(3) (a), Stats., are to be given reasonable compensation pursuant to sec. 757.48 (1). I agree that the appointed attorneys must be compensated, but the issue is by whom or by what governmental unit.
*46I would first look to the litigants responsible for involving the minor in the civil action. In the case which gave rise to this action for fees, the trial judge had the inherent power to order the plaintiff, who obtained a $40,000 judgment, to pay the reasonable attorney fees of the guardian ad litem, — attorney, whose services were required for the minor defendant he sued. In this case the minor defendant was dismissed so that the plaintiff had caused the fees to be incurred without legal justification.
The quotation used by the majority from Hohmann and Dwyer in Guardians ad Litem, in Wisconsin, 48 Marq. L. Rev. 445 (1965), is consistent with this approach. That article stated after pointing out that uncompensated service is inappropriate where the appointment is required by law as follows:
“[I]t is recommended that the county in which the proceeding is brought have the duty to reimburse a guardian ad litem for his expenses (at the very least) and to pay his fee (preferably), if no other party or fund be liable therefor under other provisions of the law.” Id. at 474, supra at 44.
I do not agree with the majority’s interpretation that sec. 753.19, Stats., “Operating costs; circuit court” can be interpreted to include reasonable attorney fees.
The cost of operation to be borne by counties under sec. 753.19, Stats., was a compromise in establishing a unified state court system, whereby the state would pay judges’ and court reporters’ salaries and counties would pay all other costs of operation. It was not meant to include attorney fees occurring and made necessary by state law. If the state wishes, as it should, to protect the interests of minors by statute as it does in sec. 803.01 (3), then the state should provide the funds for compensating those mandated services. Protection of minors in legal proceedings is a state interest, as well as local, which is *47evidenced by the existence of sec. 803.01(3). If action is brought against a minor contrary to the requirement of appointment of an attorney — guardian ad litem, that action is voidable upon motion. Sec. 803.01(3) (c).
In Wisconsin since court reorganization became effective, there is a state court system and local county courts have been eliminated. Even though the cases cited by the majority placed attorney fee responsibility on local communities, since those services were considered rendered to local court operation, that is no longer a realistic approach. These services are presently rendered to the state court system and to hold otherwise is a parochial and improper attitude.
Since the state has mandated an appointment requirement, the state should also provide funds for reasonable compensation. The state has recognized its responsibility to the state court system for criminal prosecutions by establishing the public defender office. It should also recognize its responsibility to the state court system and provide for payment of lawfully required services of attorneys in civil litigation.
I concur with the majority decision, since a balancing is required between paying for the reasonable attorney services rendered on court order pursuant to statute and who is to pay. Sec. 48.235, Stats.,1 does require the county in which the proceeding is held to pay reasonable compensation to the guardian ad litem, and I would consider that direct statement under the Children’s Code as indi*48cative of the intent of the legislature for compensating guardian ad litem appointees when representing the interests of minors in court. See also sec. 767.045 Actions affecting the family.
Typically, the ward who is a defendant in civil litigation has no funds, obtains no recovery and is unable to pay the attorney fee. Since the appointed attorney must be reasonably compensated, custom would dictate the county be held responsible. However, I believe custom has been changed due to court reorganization and the state should, through the legislature, direct its attention to the needs in state funding for these mandated services provided to the state court system.
I would hold Milwaukee county liable for the fee based only on custom and those sections of the statutes involving divorce and Juvenile Code where the legislature has expressed its intent that minors in need of guardian ad litem services should have them provided at county expense. Custom, however, is no longer a persuasive reason for so holding, since the unified court system is in effect and the funding sources for these services should be re-examined with ultimate responsibility now to be borne by the state.
“48.235 Guardian ad litem. A guardian ad litem appointed under this chapter shall be appointed under s. 879.23. On order of the court, the guardian ad litem shall be allowed reasonable compensation to be paid by the county in which the proceeding is held. The guardian ad litem has none of the rights of a general guardian. No person who is an interested party in a proceeding, appears as counsel in a proceeding on behalf of any party, or is a relative or representative of an interested party, may be appointed guardian ad litem in that proceeding.”