LR 98.10
CHELAN COUNTY SUPERIOR COURT GUARDIAN AD LITEM ROTATIONAL REGISTRY
(TITLES 11 AND 26)
SCOPE/PURPOSE
This local rule covers the maintenance and administration of the Guardian ad
Litem Registry maintained by the Registry Administrator.
DEFINITIONS
None.
POLICY
A. Registry Administration
1.1 The court shall maintain and administer the GAL registries. These
registries are limited to Titles 11.88 and 26 GAL's. These requirements and
procedures also apply to persons not listed on a registry who are appointed to
serve as a Guardian ad Litem in a field for which there is a registry.
1.2 The Court shall maintain an application form and background information
records pertaining to each person on a registry. Persons listed on the
registry shall reapply and update background information annually on a date
specified for the registry. All application and background information, with
the exception of personal identifying information in family law cases and
pending complaints, shall be available for public inspection.
1.3 Persons shall be selected to serve on the registry at the discretion of
the Court giving due consideration to: (1) having a sufficient number of GAL's
available to fulfill the requests for appointment; (2) achieving and
maintaining diversity; and (3) retaining panels of persons with substantial
experience and special knowledge within given fields. In some cases there may
be more qualified applicants that will be needed or would benefit the program,
so that not all persons applying will be selected.
1.4 The court shall periodically sponsor or approve training programs which
registry applicants shall be required to attend to maintain and improve their
level of proficiency. Training programs may be co-sponsored or offered by the
state or local bar association under the oversight of the court.
1.5 The registry may be reconstituted periodically after an open application
period has been announced. The court may allow additional applicants to be
added to the registry periodically.
1.6 The court may impose an application processing fee and/or charge a fee for
the training programs.
B. Education and Experience Requirements
2.1 Attorneys
a. Member of the Washington State Bar Association in good standing; and
b. For initial placement on registry, completion of any training as required
by statute. For retention on registry, completion of any continuing training,
as may be required by statute or the court from time to time.
2.2 Non-attorneys
a. For initial placement on registry, completion of any training as
required by statute. For retention on registry, completion of any continuing
training, as may be required by statute or the court from time to time.
b. Eligibility to be determined by the court.
C. Application
Each person requesting to be listed on the Guardian Ad Litem Registry (or registries)
shall annually submit an application on the current form provided by the court,
which shall include the following:
3.1 The name, business address, and telephone number of the applicant.
3.2 The level of formal education of the applicant and, if the applicant is an
attorney, the year admitted to practice in Washington State and any other
States in which the attorney is licensed to practice.
3.3 A listing of training relating the GAL's duties.
3.4 The number of years experience as a GAL.
3.5 The number of appointments as a GAL and the County or Counties of appointment.
3.6 The applicant's criminal history as defined by RCW 9.94A.030.
3.7 Evidence of the person's knowledge, training, and experience.
3.8 A statement describing the nature, status, and outcome of any complaints,
investigations, disciplinary actions, lawsuits, or liability claims lodged
against the GAL related to the persons duties as a GAL and any orders for
removal of the GAL entered prior to the completion of the GAL's duties for any
reason other than a conflict of interest where the GAL had no prior knowledge
that the conflict existed.
3.9 A description of the fees charged by the applicant (hourly rate and any
required retainer) and a statement of the applicant's willingness to accept
cases on a reduced fee basis.
3.10 Agreement to advise the court immediately in the event of any complaint,
investigation, or action being commenced related to the applicants duties as a
GAL in the instant or any other case which could lead to:
1. Discipline of the applicant;
2. The suspension or revocation of the applicant's professional license(s).
3.11 Agreement to advise the court immediately upon the filing of criminal charges
for a felony or a crime involving allegations of theft, dishonesty, or moral turpitude.
D. Appointment of a Guardian ad Litem from Registry
4.1 For Title 26 cases only in cases where the parties agree, any GAL from the
registry may be appointed.
4.2 In Title 11 cases or in Title 26 cases where the parties cannot agree, a
party needing an appointment from a GAL registry shall request the same from
the Registry Administrator. If the requesting party is represented by counsel,
the attorney shall then contact the proposed GAL to determine if he/she is
available to serve. If the requesting party is pro se, the Registry
Administrator shall contact the proposed GAL to determine if he/she is
available to serve. The person whose name next appears on the registry on a
rotational basis shall be appointed, subject to that person's acceptance of the appointment.
4.3 The person appointed by the Registry Administrator shall serve upon the
parties a notice of appointment.
E. Retention on Registry
5.1 Persons on the registry shall promptly inform the court of any temporary
unavailability to serve, or of their intent to resign from the registry.
5.2 A person shall remain on the registry unless the person fails to maintain
a current application with attachments or the person is removed or suspended as
set forth in Section F.
5.3 A person may be denied listing on, or may be temporarily suspended from,
the registry for any reason that places the suitability of the person to act as
GAL in question.
5.4 A GAL who ceases to be on the registry and who still has active or
incomplete cases shall immediately report this circumstance to the Registry
Administrator, who shall reassign such cases.
5.5 A person's retention on the registry shall be reviewed upon the court's
receipt of a complaint regarding performance in office or the court's receipt
of adverse information regarding the suitability of a person to serve as a GAL.
Complaints shall be reviewed in accordance with Section F.
F. Complaint Procedure
6.1 There shall be a complaint review committee consisting of the Superior
Court Presiding Judge, the Juvenile Court Administrator and a representative of
the Chelan/Douglas Counties Bar Association.
6.2 All complaints must be in writing and must be submitted to the Superior
Court Presiding Judge.
6.3 Upon receipt of a written complaint, the Presiding Judge shall convene the
Complaint Review Committee within 10 business days to review the complaint.
Upon review of the complaint, the complaint Review Committee shall either:
a. Make a finding that the complaint has no merit on its face, and decline to
review the complaint and so inform the complainant; or
b. Make a finding that the complaint does appear to have merit and request a
written response from the GAL within 10 business days, detailing the specific
issues in the complaint to which the Committee desires a response. The
Committee shall provide the GAL with a copy of the original complaint. A GAL's
failure to respond within the required 10 business days will result in the
immediate suspension of the GAL from all registries.
c. In considering whether the complaint has merit, the Complaint Review
Committee shall consider whether the complaint alleges the GAL has:
1. Violated the code of conduct;
2. Misrepresented his or her qualifications to serve as GAL;
3. Not met the annual update requirements set forth in Paragraph 1.2 of this policy;
4. Breached the confidentiality of the parties;
5. Falsified information in a report to the court or in testimony before the court;
6. Failed to report abuse of a child;
7. Communicated with a judicial officer ex-parte;
8. Represented the court in a public forum without prior approval of the court;
9. Violated state or local laws, rules, or this policy in the person's capacity as a GAL; or,
10. Taken or failed to take any other action which would reasonable place the
suitability of the person to serve as GAL in question.
6.4 Upon receipt of a written response to a complaint from the GAL, the
Complaint Review Committee shall, within 10 business days, make a finding as to
each of the issues delineated in the Committee's letter to the GAL that either
there is no merit to the issues based upon the GAL's response or that there is
merit to the issue. The Review Committee may, at their discretion, extended
the time for entering findings to conduct additional investigation if
necessary, however, in no case shall that extension be for more than 20
business days and the GAL shall be notified.
6.5 The Complaint Review Committee shall have the authority to issue a written
admonishment, a written reprimand, refer the GAL to additional training,
recommend to the court, upon its own motion, to remove the GAL from the instant
case, or suspend or remove the GAL from the registry. In considering a
response, the Committee shall take into consideration any prior complaints
which resulted in an admonishment, reprimand, referral to training, removal of
the GAL from a particular case, or suspension or removal from a registry. If a
GAL is listed on more than one registry, the suspension or removal may apply to
each registry the GAL is listed on at the discretion of the Committee.
6.6 The complainant and the GAL shall be notified in writing of the
Committee's decision within 10 business days of receipt of the GAL response.
6.7 A GAL may, within 5 business days of receipt of notification that they
have been suspended or removed from the registry, request review of the
Committee's decision. The court shall designate a hearing officer. The sole
purpose of the hearing shall be to review the appropriateness of the suspension
or removal from the registry. The hearing officer shall review the written
record of the instant case and any prior complaints upon which the Committee
relied and hear oral arguments from the GAL and a representative of the
Committee. Said hearing shall be conducted within 20 days of the receipt of
the request for the hearing.
G. Payment of Guardian ad Litem
7.1 There shall be no payment of a GAL by anyone, except as authorized by
order of the court.
7.2 Each order appointing GAL shall set forth the hourly rate of compensation
for the investigative/legal work; source of payment, if determined; and unless
waived, shall require the GAL to seek court authorization to provide services
in excess of fifty hours per case, not including court appearances.
7.3 The order appointing a GAL may include a provision for a retainer fee, as
evidenced by itemized accounting, shall be returned to the parties according to
their proportionate responsibility for payment of the GAL.
7.4 All fee requests by the GAL submitted to the court shall contain time
records, which distinguish investigative/legal, administrative/clerical, and
travel time and shall also be served upon the parties.
7.5 GAL fees shall be the responsibility of a party or parties unless the
court has entered an order authorizing payment at public expense.
H. Appointment Procedures
8.1 Requesting Attorney or pro se party - Contacts the registry administrator
to obtain the next GAL appearing on the rotation.
8.2 Registry Administrator - The registry administrator provide the next name
on the list. If the requesting party is represented by counsel, the Requesting
Attorney shall contact the potential GAL. If the requesting party is pro se,
the Registry Administrator shall contact the potential GAL.
8.3 Registry Administrator - Upon determination of the acceptance of an
appointment, the Registry Administrator shall record the same on the rotation list.
8.4 Requesting Attorney - The requesting attorney shall see that an Order of
Appointment is filed with the Court. In cases where the requesting party is
pro se, the Registry Administrator shall see that the Order of Appointment is
filed with the Court.
[Amended Effective September 1, 2012]
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