LSPR 94.06
GUARDIANS AD LITEM - RCW TITLE 26 FAMILY LAW - APPOINTMENT,
GUARDIAN AD LITEM REPORT, CASE AND ANNUAL EVALUATIONS AND
COMPLAINT PROCEDURES
(a) Guardians Ad Litem. When the appointment of a
guardian ad litem is required, the appointee shall come from
the Title 26 Family Law Guardian Ad Litem Registry
maintained by the Superior Court. In order to be placed on
the registry a person must present a written statement of
their qualifications and complete a training program
approved by the court. The Spokane County Superior Court
Judges shall appoint a committee, to be known as the Family
Law Guardian Ad Litem Committee, of judges and/or court
commissioners and interested members of the Spokane County
Bar Association to maintain the registry and provide
training to those persons who wish to participate in the
program. Orders to Appoint Guardian Ad Litem may be
presented to the Ex Parte Department.
(b) Administration. The administration of such Guardian
Ad Litem registry, including qualification, appointment,
retention, evaluation, complaints and discipline of
guardians ad litem under this rule, shall be in accordance
with the written Policies and Procedure promulgated and
approved by the Spokane County Superior Court. Copies of
such written policies and procedures may be obtained from
the Family Law Coordinator.
Effective 11/1/02
(c) Case Evaluations. At the time a guardian ad litem
is discharged from a case, every attorney and the judicial
officer involved in the case, will submit an evaluation of
the guardian ad litem on a form to be supplied by the court.
The completed evaluations will be returned to the Family Law
Coordinator’s Office and placed in the guardian ad litem’s
file. A copy of the evaluation(s) will be provided to the
guardian ad litem. The guardian ad litem may respond, in
writing, and the response will be placed in the guardian ad
litem’s file. These evaluation forms will assist the court
in maintaining a registry of qualified guardians ad litem.
Amended effective 11/1/02
(d) Annual Evaluations. A judicial officer will review
the complete file of every guardian ad litem at the time the
Annual Updated Statement of Qualifications is reviewed. The
judicial officer may refer a guardian ad litem file to the
Family Law Guardian Ad Litem Committee if the judicial
officer concludes, in a written report, there are specific
concerns that should be addressed with the guardian ad
litem. The guardian ad litem will be given a reasonable
time to respond to the report. The Family Law Guardian Ad
Litem Committee, or its designee, will meet with the
guardian ad litem to discuss the report and appropriate
remedial action(s), if any, to be taken by the guardian ad
litem. The Family Law Guardian Ad Litem Committee may (1)
allow the guardian ad litem to remain on the registry with
no further action; (2) suspend the guardian ad litem from
the registry, subject to the guardian ad litem completing
other requirements as set forth by the Committee; or (3)
remove the guardian ad litem from the registry. The
guardian ad litem will be notified by written decision
within seven days. In the event of removal from the
registry, the guardian ad litem may request a meeting with
the full Committee to review the decision.
Amended effective 11/1/02
(e) Complaint Procedures.
Amended effective 11/1/02
(1) Duties of the Judicial Officer. The court shall
designate a judicial officer to review any written complaint
regarding a guardian ad litem. If the complaint pertains to
a pending case, the judicial officer shall immediately refer
the complaint to the judge or court commissioner assigned to
the pending case for disposition. If a complaint is
received after a case has been completed then the judicial
officer will commence an investigation.
(2) Investigation Procedures. The judicial officer
will advise the complainant that an investigation has
commenced. A copy of the complaint will be sent to the
guardian ad litem. The guardian ad litem shall submit a
written response within fourteen days of receipt of the
complaint unless the court for good cause extends the time.
The judicial officer may make any other contacts or
inquiries he or she feels necessary. The judicial officer
will submit a written report, within 45 days of the receipt
of the written complaint, to the Family Law Guardian Ad
Litem Committee. The guardian ad litem may respond to the
report within 15 days of receipt of the report.
(3) Discipline: The judicial officer may recommend to
the Family Law Guardian Ad Litem Committee to (1) allow the
guardian ad litem to remain on the registry with no further
action; (2) suspend the guardian ad litem from the registry,
subject to the guardian ad litem completing other
requirements as set forth by the Committee; or (3) remove
the guardian ad litem from the registry. The Committee, or
its designee, will meet and review the judicial officer’s
recommendation. The guardian ad litem will be notified by
written decision within seven days. The guardian ad litem
may request a meeting with the full Committee to review its
decision.
(f) Confidentiality. A record of all complaints and
grievances will be maintained by the court and treated as
confidential until merit has been found. A record of any
sanctions issued pursuant to the Annual Review and/or
Complaint Procedures will be placed in the guardian ad litem’s file.
Amended effective 11/1/02
(g) Appointments.
(1) Guardians Ad Litem in Title 26 cases (family law)
will be appointed pursuant to statute (RCW 26.12) and the
policies and procedures established by the Family Law GAL
Committee. The policies and procedures are available from
the Family Law Coordinator.
(2) Each GAL on the Family Law Registry shall be
required to accept two county-pay cases each calendar year.
These cases shall be paid pursuant to the Spokane County
Superior Court GAL payment policies.
(3) A combination of County payment/private payment may
be allowed pursuant to Spokane County Superior Court GAL
payment policies.
(4) No GAL shall be appointed without his or her
written approval or telephonic consent to the Family Law Coordinator.
Effective 9/1/04
(h) Procedure to address complaints. GALs may address
complaints regarding registry or appointment matters as follows:
(1) Complaints should be directed in writing to the
chair of the Family Law GAL Committee.
(2) The chair will review the matter, investigate as
necessary and present the issue to the full committee at its
next regularly scheduled meeting. The committee will decide
whether any action is necessary to address the complaint,
and establish a plan to enforce that action.
(3) The complainant shall be notified of the
committee’s decision in writing within one week of the
committee meeting.
Effective 9/1/04
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