LGAL 7
       Guardian ad Litem Grievance and Complaint Procedure


1.1  GENERAL TERMS.

     1.1.1  Complaint Review Board. A Mason County Complaint
Review Board (the Board) is created. The Board shall consist of
three (3) members: a representative of the Mason County Superior
Court, selected by the Court Administrator and approved by the
judges; an active Guardian ad Litem; and a member of the Mason
County Bar Association, selected and approved by the Association.
The Guardian ad Litem member shall be a member of the Mason
County Guardian ad Litem Registry who has not received any
sanctions pursuant to a guardian ad litem complaint procedure in
the past three years. The Guardian ad Litem member shall be
selected by the Court Administrator and approved by the judges.
Service on the Board is a voluntary service for the good of the
community and is made without receipt of any additional
compensation from this service on the Board.

     1.1.2  Application of Rules. These rules shall apply to
guardians ad litem appointed on any case heard by this court
under Titles 11 and 26 of the Revised Code of Washington (RCW).

     1.1.3  Filing of Complaint. Any person may file a complaint
against a guardian ad litem. The complaint must be in writing and
filed with the Court Administrator.  The complaint must state the
specific guardian ad litem act, or failure to act, of concern to
the complaining party and shall include the following
information:

          (a) The name, mailing address, telephone number, and e-
mail address of the person filing the complaint;

          (b) The case number and case name of any underlying
case and whether the case is active or inactive;

          (c) Whether the complaining party has discussed the
complaint with the guardian ad litem;

          (d) What action, if any, the guardian ad litem has
taken to address the complaint;

          (e) Which section(s) of the Mason County Superior Court
Guardian ad Litem Code of Conduct (copy available from Court
Administrator) was violated and the specific facts underlying
each alleged violation;
          (f) Which provision(s) of the Order of Appointment was
violated and the specific facts underlying each alleged
violation; and

          (g) What the complaining party would like done to fix
the problems complained of and why.

     1.1.4  Limitation on Filing Complaints. Complaints under
this rule must be filed within one year from the date of the act
or failure to act of concern to the complaining party.

     1.1.5  Removal. If the guardian ad litem is removed from the
Court Registry, the Court shall enter findings of fact and an
order of removal. Upon removing a guardian ad litem from the
registry, the Court shall forward a copy of the order to the
Office of the Administrator of the Courts for circulation to
other counties.

     1.1.6  Confidentiality. The complaint, and the Board’s
initial decision, shall be kept confidential from everyone but
the complainant and the guardian ad litem in inactive cases, and
from everyone but the complainant in active cases, unless the
Board finds cause to proceed with the complaint. Any requests to
disclose information from the complaint or guardian ad litem
files are subject to redaction of case identifying information,
including the names of parties and case numbers, any information
that could endanger a victim of domestic violence, and any
information prohibited by law from disclosure.

          (a) No cause to proceed. If the Board finds no cause to
proceed with the complaint, no record of the complaint shall be
kept in the guardian ad litem’s individual file, although a copy
shall be kept in a separate unfounded complaint file safeguarded
for confidentiality. After three (3) years, complaints in this
file shall be destroyed, with a notation remaining in the file
including the names of the complainant and the guardian ad litem,
the date the complaint was filed, and the Board’s finding of no
cause to proceed with the complaint. However, if a complainant
discloses to a third party that a complaint has been filed, the
guardian ad litem in an active case shall receive a copy of the
complaint and the Board’s decision. In all cases where the
complainant discloses to a third party that a complaint has been
filed, the guardian ad litem may file a written response to the
complaint, which shall be placed in the confidential file.

          (b) Cause to Proceed. If the Board finds cause to
proceed, the complaint and all relating documents shall be kept
in a separate file, which shall include copies of the Board’s
decisions and any judicial decisions related to the matter.

     1.1.7  Extension of Timelines. Timelines stated herein may
be extended by the Board or by a Judicial Officer for good cause.


2.  GRIEVANCE PROCEDURE.

     2.1.1  Motion in Court. At any time during an active case,
and within one year of the last activity in a case, a party may
bring a motion in court to address issues of concern related to a
guardian ad litem. The guardian ad litem and all other parties to
the case shall receive notice of hearing for the motion and a
copy of the motion. If such a motion is brought while a complaint
is pending before the Board, or after the Board has issued a
decision on the complaint, the party shall disclose to the court
the Board’s involvement in the matter. A decision by the Board is
not binding on a Judicial Officer hearing such a motion. Such a
motion shall be heard by a Judicial Officer who has not heard
matters in any underlying case at issue in the complaint and who
shall not hear matters in such a case in the future.

     2.1.2 Initial Review by Board. Within fifteen (15) working
days after a complaint is filed, the Board shall review the
complaint and make an initial determination whether there is
cause to proceed.

          (a) The initial decision shall be in writing and shall
state whether the Board finds cause to proceed with the complaint
and the reasons why or why not;

          (b) The Board shall mail the initial decision to the
complainant immediately; and

          (c) In its discretion, the Board may request additional
information from the complainant. The complainant shall provide
the requested information within ten (10) additional working
days. The failure of a complainant to provide the additional
information may be a factor in the Board’s initial decision to
proceed or not.

     2.1.3  Review of Determination of No Cause to Proceed.  If
the Board finds no cause to proceed, the complainant may seek
review of that decision by a motion before a Judicial Officer
consistent with this rule.

     2.1.4  Procedure Following Determination of Cause to
Proceed. If the Board finds there is cause to proceed, the Board
shall notify the guardian ad litem in writing at the same time
the complainant is notified of the Board’s initial decision. The
notice to the guardian ad litem shall include a copy of the
complaint and a copy of the Board’s initial decision.

          (a) The guardian ad litem shall respond in writing
within fifteen (15) working days of the mailing of the decision; and

          (b) The guardian ad litem shall mail a copy of the
response to the complainant.

     2.1.5  Board’s Authority Following Determination of Cause to
Proceed. After reviewing the guardian ad litem’s response, the
Board’s authority is as follows:

          (a) To find that the guardian ad litem did not violate
applicable laws, rules, or policies;

          (b) To issue a written reprimand to the guardian ad litem;

          (c) To issue an advisory letter to the guardian ad
litem summarizing concerns for the guardian ad litem to address;

          (d) To refer the guardian ad litem for additional training;

          (e) To require the guardian ad litem to take corrective
action to remedy or mitigate matters complained of;

          (f) To require a guardian ad litem to bring or support
a motion to seal or remove information in the court file;

          (g) To recommend removal of the guardian ad litem to
the Judicial Officer hearing the underlying case; and

          (h) To recommend to the court that the guardian ad
litem be suspended or removed from the Court Registry.

     2.1.6  Decision. Following consideration of all materials
submitted, the Board shall issue its final decision within
fifteen (15) working days following receipt of the guardian ad
litem’s response.

          (a) The Board shall mail the final decision to the
complainant, the guardian ad litem, the Court Administrator, and
all parties in any underlying case; and

          (b) The final decision shall be placed in the guardian
ad litem’s individual file and the guardian ad litem complaint file.

     2.1.7  Judicial Review of Board’s Decision. If the Board’s
final decision includes removal of the guardian ad litem from the
Court Registry, the guardian ad litem may request a hearing on
the decision.

          (a) Procedure on Filing Review. Judicial review must be
requested within twenty (20) days of the mailing date of the
final decision. The request shall be delivered to the Court
Administrator and served on all parties to the case at issue and
to the complainant. Service may be by regular mail and certified
mail, return receipt requested. The matter shall be heard by a
Judicial Officer who has not heard matters in any underlying case
at issue in the complaint and who shall not hear matters in such
a case in the future;

          (b) Response. No response is required and no oral
argument will be heard unless requested specifically by the
Judicial Officer. If written response or oral argument is
directed, a schedule shall be set for filing written materials
and the date for argument set taking into account the
availability of the complainant and the guardian ad litem;

          (c) Scope of Review. The Judicial Officer shall review
the written record and any oral argument to determine whether the
guardian ad litem violated applicable laws, rules, and policies,
and if so, the appropriate remedy. The Judicial Officer shall
issue findings of fact and a decision on the complaint based on
an independent review of the record; and

          (d) Consideration of Prior Complaints. If the Judicial
Officer determines that a violation occurred, consideration may
be given to any founded prior complaints against the guardian ad
litem in determining the appropriate remedy.