LRGAL 3.
REVIEW OF COMPLAINT.
Upon receipt of a written complaint, the court administrator
shall convene the complaint review committee within ten (10)
business days to review the complaint. Upon review of the
complaint, the committee shall either:
(a) Make a finding that the complaint concerns a case
then pending in the court and decline to review
the complaint and so inform the complainant. In
such instances, the committee shall advise the
complainant that the complaint may only be
addressed in the context of the case at bar,
either by motion seeking the removal of the
guardian ad litem or by contesting the information
or recommendation contained in the guardian ad
litem’s report or testimony. In such cases, the
committee and its members shall perform their
roles in such a manner as to assure that the trial
judge or court commissioner remains uninformed as
to the complaint; or
(b) Make a finding that the complaint has no merit on
its face, and decline to review it and so inform
the complaining party; or
(c) Make a finding that the complaint appears to have
merit and request a written response from the
guardian ad litem within ten (10) business days
detailing the specific issues in the complaint to
which the committee desires a response. The
committee shall provide the guardian ad litem with
a copy of the original complaint. A guardian ad
litem’s failure to respond within the required ten
(10) business days shall result in the immediate
suspension of the guardian ad litem from all
registries. In considering whether the complaint
has merit, the committee shall consider whether
the complaint alleges the guardian ad litem has:
(1) Violated the Rules of Professional Conduct;
(2) Misrepresented his or her qualifications to
serve as a guardian ad litem;
(3) Not met the annual training requirements set
forth in the registry requirements;
(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 judge/commissioner ex
parte, except as allowed by law (such as in
obtaining an emergency restraining order);
(8) Purported to represent the court in a public
forum without prior approval of the presiding judge;
(9) Violated state or local laws, or court rules
in the person’s capacity as guardian ad litem;
(10) Taken or failed to take any other action
which would reasonably call the suitability
of the person to serve as guardian ad litem
into question;
(11) Failed to keep information confidential from
non-parties or disclosed protected
information to a party;
(12) Intentionally lied or presented information
in a false light to the court, another party
or a third party; or
(13) Talked about a case for which the guardian ad
litem was appointed to the media or public
without the permission of all parties and/or
the court.
[Adopted effective September 1, 2004.]
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