LR 98.10
DOUGLAS 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
and 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
ofany 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 A party needing an appointment from a GAL registry
shall serve a written request upon the Registry
Administrator, who shall appoint as GAL that person whose
name next appears on the registry on a rotational basis,
subject to that person's acceptance of the appointment.
4.2 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
it's 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 reasonably 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
it's 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 review 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 distinguished
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 and order authorizing
payment at public expense.
H. Appointment Procedures
8.1 Requesting Attorney - Send a letter to the registry
administrator requesting the appointment of a GAL. The
letter should state the name of the case the GAL is for, the
case number, and a brief outlining of the case. The outline
should provide sufficient information for the prospective
GAL to make a determination as to whether or not he or she
will accept the case.
8.2 Registry Administrator - The registry administrator
will select the next available GAL appearing on the registry
and fax or mail a Notice of Appointment to the GAL along
with the letter received from the requesting attorney.
a. Check the GAL Rotational Assignments list and
determine who is to receive the next appointment.
b. Check the GAL Appointment Summaries to determine
the last appointment number assigned.
c. Write in the next Appointment Number to the GAL to
receive the assignment on the Rotational Assignment List.
d. Complete a Notice of Appointment form and fax it to the GAL.
e. Prepare and Assignment Summary Sheet.
8.3 Guardian Ad Litem - The GAL may contact the requesting
attorney for more information. The GAL will return the
Notice of Appointment to the Registry Administrator. If the
GAL rejects the appointment or a conflict exists, the
process goes back to step two. If the GAL accepts the
appointment, the GAL shall comply with all the provisions of
the appropriate RCW.
8.4 Registry Administrator - Upon return receipt of a
Notice of Appointment, which has been accepted, the Registry
Administrator shall forward a copy of the acceptance to the
requesting attorney.
8.5 Requesting Attorney - Upon receipt of a Notice of
Appointment that has been accepted, the requesting attorney
shall see that an Order of Appointment is filed with the
Court. A copy of the Order of Appointment shall be provided
to the Registry Administrator.
Adopted Effective September 1, 2002
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