GUARDIAN AD LITEM RULE 2:
     GENERAL RESPONSIBILITIES OF GUARDIAN AD LITEM

     Consistent with the responsibilities set forth in Titles 11,
13, and 26 of the Revised Code of Washington and other applicable
statutes and rules of court, in every case in which a guardian ad
litem is appointed, the guardian ad litem shall perform the
responsibilities set forth below.  For purposes of these rules, a
guardian ad litem is any person who is appointed by the court to
represent the best interest of the child(ren), an adjudicated
incapacitated person, or an alleged incapacitated person or to
assist the court in determining the best interest of the
child(ren), an adjudicated incapacitated person, or an alleged
incapacitated person, regardless of that person's title, except a
person appointed pursuant to rule 6.

     (a) Represent best interests.  A guardian ad litem shall
represent the best interests of the person for whom he or she is
appointed.  Representation of best interests may be inconsistent
with the wishes of the person whose interest the guardian ad
litem represents. The guardian ad litem shall not advocate on
behalf of or advise any party so as to create in the mind of a
reasonable person the appearance of representing that party as an
attorney.

     (b) Maintain independence. A guardian ad litem shall
maintain independence, objectivity and the appearance of fairness
in dealings with parties and professionals, both in and out of
the courtroom.

     (c) Professional conduct.   A guardian ad litem shall
maintain the ethical principles of the rules of conduct set forth
in these rules and is subject to discipline under local rules
established pursuant to rule 7 for violation.

     (d) Remain qualified for the registry.  Unless excepted by
statute or court rule, a guardian ad litem shall satisfy all
training requirements and continuing education requirements
developed for Titles13 and 26 RCW guardians ad litem by the
administrator of the courts and for Title 11 RCW guardians ad
litem as required by statute and maintain qualifications to serve
as guardian ad litem in every county where the guardian ad litem
is listed on the registry for that county and in which the
guardian ad litem serves and shall promptly advise each such
court of any grounds for disqualification or unavailability to
serve.

     (e) Avoid conflicts of interests. A guardian ad litem shall
avoid any actual or apparent conflict of interest or impropriety
in the performance of guardian ad litem responsibilities.  A
guardian ad litem shall avoid self-dealing or association from
which a guardian ad litem might directly or indirectly benefit,
other than for compensation as guardian ad litem.  A guardian ad
litem shall take action immediately to resolve any potential
conflict or impropriety.  A guardian ad litem shall advise the
court and the parties of action taken, resign from the matter, or
seek court direction as may be necessary to resolve the conflict
or impropriety.  A guardian ad litem shall not accept or maintain
appointment if the performance of the duties of guardian ad litem
may be materially limited by the guardian ad litem’s
responsibilities to another client or a third person, or by the
guardian ad litem’s own interests.

     (f) Treat parties with respect. A guardian ad litem is an
officer of the court and as such shall at all times treat the
parties with respect, courtesy, fairness and good faith.

     (g) Become informed about case.  A guardian ad litem shall
make reasonable efforts to become informed about the facts of the
case and to contact all parties.  A guardian ad litem shall
examine material information and sources of information, taking
into account the positions of the parties.

     (h) Make requests for evaluations to court.   A guardian ad
litem shall not require any evaluations or tests of the parties
except as authorized by statute or court order issued following
notice and opportunity to be heard.

     (i) Timely inform the court of relevant information.   A
guardian ad litem shall file a written report with the court and
the parties as required by law or court order or in any event not
later than 10 days prior to a hearing for which a report is
required.  The report shall be accompanied by a written list of
documents considered or called to the attention of the guardian
ad litem and persons interviewed during the course of the
investigation.

     (j) Limit duties to those ordered by court.  A guardian ad
litem shall comply with the court’s instructions as set out in
the order appointing a guardian ad litem, and shall not provide
or require services beyond the scope of the court’s instruction
unless by motion and on adequate notice to the parties, a
guardian ad litem obtains additional instruction, clarification
or expansion of the scope of such appointment.

     (k) Inform individuals about role in case.   A guardian ad
litem shall identify himself or herself as a guardian ad litem
when contacting individuals in the course of a particular case
and inform individuals contacted in a particular case about the
role of a guardian ad litem in the case at the earliest
practicable time.  A guardian ad litem shall advise information
sources that the documents and information obtained may become
part of court proceedings.

     (l) Appear at hearings.   The guardian ad litem shall be
given notice of all hearings and proceedings.  A guardian ad
litem shall appear at any hearing for which the duties of a
guardian ad litem or any issues substantially within a guardian
ad litem’s duties and scope of appointment are to be addressed.
In Title 11 RCW proceedings , the guardian ad litem shall appear
at all hearings unless excused by court order.

     (m) Ex parte communication. A guardian ad litem shall not
have ex parte communications concerning the case with the
judge(s) and commissioner(s) involved in the matter except as
permitted by court rule or by statute.

     (n) Maintain privacy of parties.  As an officer of the
court, a guardian ad litem shall make no disclosures about the
case or the investigation except in reports to the court or as
necessary to perform the duties of a guardian ad litem.  A
guardian ad litem shall maintain the confidential nature of
identifiers or addresses where there are allegations of domestic
violence or risk to a party’s or child’s safety.  The guardian ad
litem may recommend that the court seal the report or a portion
of the report of the guardian ad litem to preserve the privacy,
confidentiality, or safety of the parties or the person for whom
the guardian ad litem was appointed.  The court may, upon
application, and under such conditions as may be necessary to
protect the witnesses from potential harm, order disclosure or
discovery that addresses the need to challenge the truth of the
information received from the confidential source.

     (o) Perform duties in timely manner. A guardian ad litem
shall perform responsibilities in a prompt and timely manner,
and, if necessary, request timely court reviews and judicial
intervention in writing with notice to parties or affected
agencies.

     (p) Maintain documentation.   A guardian ad litem shall
maintain documentation to substantiate recommendations and
conclusions and shall keep records of actions taken by the
guardian ad litem.  Except as prohibited or protected by law, and
consistent with rule 2(n), this information shall be made
available for review on written request of a party or the court
on request.  Costs may be imposed for such requests.

     (q) Keep records of time and expenses.  A guardian ad litem
shall keep accurate records of the time spent, services rendered,
and expenses incurred in each case and file an itemized statement
and accounting with the court and provide a copy to each party or
other entity responsible for payment.  The court shall make
provisions for fees and expenses pursuant to statute in the Order
Appointing Guardian ad Litem or in any subsequent order.


[Adopted effective November 27, 2001.]