Three Million in tax payer money paid to Guardian ad litem Lawyers

One of the biggest complaints by people is the huge sums of money that Guardians ad litem bill out on jobs. Clients complain about the crippling costs and Guardians ad litem complain about how it is the clients fault for the escalated costs. In Nebraska an audit is being conducted of their Guardian ad litem system. The audit has so far shown that one law firm - Incontro - has a tax lien of $50,000 against it. Guardian ad litem payments for Incontrol Law and Monahan Law (another law firm as part of the audit) are listed at the end of the article.

WOWT 6 News

Coloring books instead of legal pads are how lawyer Thomas Incontro helps his clients. Incontro is a Guardian Ad Litem and he says, "I have to ask them some difficult questions."

His firm is the voice of children in juvenile court. Incontro says, "I’ve personally represented children that have had broken bones, who are victims of shaken baby."

Incontro's seven attorneys represents up to a thousand children as Guardian ad Litems Incontro explains "We make recommendation to the judge on children. Do we think they should be unified with a parent or go for adoption."

In the last five years Douglas county taxpayers paid Incontro law close to three million dollars A Fact FInders check of Douglas county Register of Deeds records found three Federal and one state of Nebraska tax lien against Incontro totaling about 50-thousand dollars in unpaid taxes.

Full story: WOWT 6 News


Related story:
State to audit Douglas County's guardian ad litem program

State to audit Douglas County's guardian ad litem program

An audit of the Guardian ad litem system is being conducted because of complaints that Guardians ad litem carry heavy case loads and the "perceived" lack of accountability - something that is seen in every state. What is interesting is that the county being audited has contracted out to a law firm to provide the Guardian ad litem services. What will they (the auditors) find? Will it be the standard "sour grapes" that court systems use to explain off complaints by parents? Or will we see that there are very real system issues as a result of Guardians ad litem being given free reign over the cases they handle?

Omaha.com

State Auditor Mike Foley plans to audit the guardian ad litem program in Douglas County.

“We’d gotten wind of some issues,” Foley said, though he declined to elaborate.

Foley contacted the county earlier about an audit, and the Douglas County Board passed a resolution Tuesday inviting one.

“It’s something we need to look at,” board Chairwoman Mary Ann Borgeson said.


Full story: Omaha.com

Federal Judge dismisses lawsuit that challenged Guardian ad litem system

This Guardian ad litem has shown up before in the news - many times. She is the poster child of what is wrong with the Guardian ad litem system in any state. There are several things that are important about this article:

1. Dr Michale Stefanov challenged his Guardian ad litem in Federal Court.
2. The Federal court dismissed the case indicating that it was an ongoing case even though the custody order was finalized back in 2010. The Judge reasoned that because the custody could be modified it was considered ongoing.

While the challenge in Federal court is not new (my lawyer had suggested this course of action) the idea that a custody is considered ongoing until - I imagine - the child is 18 is new. Does this mean that a parent who is questioning the actions of a Guardian ad litem and seeking corrective action has to wait until his/ her child is 18 before pursuing legal action in Federal court (assuming that legal action in state courts are exhausted)?

Please read further:

The Times-Tribune

A federal judge has dismissed a lawsuit filed by a Moscow man who challenged Lackawanna County's use of court-appointed attorneys in private child custody disputes.

U.S. District Judge Matthew Brann on Monday said the lawsuit filed by Dr. Michael Stefanov could not be heard in federal court because it involves an ongoing matter in state court.

Dr. Stefanov filed suit in March 2012 against Lackawanna County, Judges Trish Corbett, Chester Harhut and Thomas Munley and attorney Danielle Ross, who served as guardian ad litem, a court appointed attorney who represents the interest of the child in disputed custody matters.

Dr. Stefanov claimed Mrs. Ross, who is awaiting trial on charges of income tax evasion related to her court work, violated his constitutional rights by demanding he follow her often-unreasonable directives under the threat she would preclude him from seeing his son if he did not comply.

The lawsuit also faulted the county court system, alleging judges too freely appointed Mrs. Ross to cases where her intervention was not warranted, and failed to monitor her behavior to ensure she was not violating parents' rights.

Full story: The Times Tribune

Investigation into Judge and Guardian ad litem about huge bills in one case

Yesterday we posted about Judges and Guardians as litem that felt putting children back with their abusers was in the child's best interest. One Judge was quoted as saying the mother was subconsciously "re-victimizing" her child. It begs the question - since when do Judges and Guardians ad litem also practice medicine as part of their role in the court system? They do not have the training to do so. Yet our court system on a regular basis over rides or makes medical decisions. This is done with immunity.

While thinking about the ethics involved with the "re-victimizing" of the child comment you have to ask yourself - how is it that $133,000.89 can be charged for a case. This would mean the Guardian ad litem was charging $2600 a week for the 'work' being done. Can the Guardian ad litem really believe that this cost is in the best interest of the child?

Please read the continuing saga:


Investigation: Custody experts avoid questions about huge bills in one case

FULTON COUNTY, GA (CBS ATLANTA) -
Attorney James Holmes turned around and walked to the back of his mechanic's garage as CBS Atlanta News reporter Jeff Chirico tried to ask him questions about a $133,000 bill he charged to a family in the middle of a bitter custody dispute. 

As a guardian ad litem in the case, Holmes is responsible for advocating for the best interest of a 10-year-old girl whose identity CBS Atlanta News is withholding. 

Last month, Fulton County Superior Court Judge John Goger ordered the girl live with her father despite allegations that he had sexually abused her. Holmes and a court-appointed custody evaluator, Howard Drutman, recommended that the girl's father receive primary custody of his daughter. 

According to a document filed in the custody case, Drutman and Holmes made that recommendation because they said the mother was subconsciously "re-victimizing" her daughter by not letting her progress past the abuse

Full story: CBS Atlanta


.
Related stories and information:
Judge John J. Goger

Protestors: Judges and Guardians ad litem are putting children back with abusers

ATLANTA (CBS ATLANTA) -

About two dozen protestors held signs and wore neon green shirts that read "Shame on you, Judge Goger" and "Shame on you, Judge Lane" as they marched outside the Fulton County Courthouse Monday.

Fulton County Superior Court Judge John Goger came under fire because of a recent order requiring a 10-year-old girl to live with her father, who was twice arrested for abusing her in a recent custody hearing.

CBS Atlanta News is not using the names of the parties to protect the child.

The mother of the girl told CBS Atlanta News reporter Jeff Chirico that she believes the judge did not consider the evidence and was influenced by her ex-husband's attorney.

Criminal charges against the girl's father were dropped for lack of evidence, but according to court records and the mother, five independent assessments supported the girl's story of repeated abuse.

Despite the allegations, the custody evaluator and court-appointed guardian ad litem, recommended the child be placed in the father's home because the mother was subconsciously "re victimizing" the child

Full story: CBS Atlanta

July 8 2013 - In the best interest of the Child - Guardian ad litem reform

Monday, July 8th is a day for Maine children and families dealing with some aspect of divorce, to celebrate. Against all odds, against our wildest expectations, in our first year of existence as "grass-roots" advocates, we have a comprehensive Guardian ad litem reform bill! And... believe it or not, Maine - dare I say it - is leading the country.

It isn't that other states haven't done bits and pieces of Guardian ad litem reform, a legislative "tweak" here or there, but, as we well know, all would-be "change agents" face awesome "headwinds". The opponents of Guardian ad litem reform as we know are truly formidable. The Guardians ad litem themselves, the family lawyers, the family court judges and the whole apparatus of the Judicial Branch, the infamous "stakeholders" know the system, know the existing law, are well organized professionally and have the financial resources to wage a political war.

But we have made good friends who have spoken the truth, ever more loudly....

We have an ever growing, much cherished group of NationalGALalert friends. We have bit by bit, using modern media, expanded our group, talked, shared and born witness to the horrors of a serious Guardian ad litem scandal in Maine's Judicial Branch. The Judicial Branch's Guardian ad litem program - with no oversight, no supervision and legal codes that have further re-enforced a lack of accountability - have pursued the self interest of its workers without visible restraint. And many children and their families have been badly hurt, as a result. Despite the very defensive claims of the Judicial Branch that it is about "bad sports", people who have had a bad custody decision, this has never been the focus of our issues. Our issues are about cruelty in decision making, ignorance in practice and blind greed. Our issues are about governing structures in the Guardian ad litem program that don't work, that fail the people who need them most. Our issues are about a Guardian ad litem program data base on sheets of paper  in cardboard boxes in district courts, which the Supreme Court can't regularly access for management oversight.  They don't know they don't know!

Our friends have courageously born witness in public, legislative testimony.

We now have an educated legislature that has full knowledge of the Guardian ad litem problems, thanks to yeoman's work by Senator David Dutremble, Representative Lisa Villa, Senator Linda Valentino and other members of the Judiciary Committee. We have a unanimous majority of the 35 members of the Maine Senate, who see the Guardian ad litem problem. It would be hard to find legislators in denial, after an awesome  "educational session" with Senator Dutremble!

It is about everyone speaking the truth about the problem with simple courage.

It is also about support from the Executive Branch of our government: meetings of the Governor and constituents on Saturdays, as people poured out their hearts about personal victimization by Guardians ad litem, and the Governor listened.  It is about Executive Branch participation in planning legislation from the first meeting in December 2012.  It is about personal calls from the Governor to constituents, urging them to overcome their fears and testify to the Judiciary Committee on March 28, 2013. It is about the Governor signing the bill on July 8th.

At its core, it is an improbable story of "the power of the powerless", the power of "Truth" that can't be silenced, about courage and determination.

And ... friendship!

For more information please contact us at NationalGALalert@gmail.com or like us on Facebook. In addition if you would like to express your opinion on the cost of Guardian ad litem service of the performance of a GAL. We would encourage you to take our survey. The results will be published later this summer (2013). The surveys can be found - here - Cost   Performance. Thank you.