The Judicial Branch in Maine is looking for comments regarding the proposed amendments to the rules for Guardians ad litem. This is an opportunity to express your thoughts on what future parents/ consumers will have to work with. Your experience with Guardians ad litem may have an impact on whether or not this amendment is used, canned or modified. That experience will mean nothing unless you respond by December 2, 2013 at 6:00 pm. Silence gives consent.
Want some ideas -
There is an abundance of ambiguous words and statements - "fair", "cultural sensitivity", "professionalism" and "ethics". While is is nice that these ideas are incorporated there is no way to define what or how these ideas will be applied. There is no defined means of testing whether a Guardian ad litem has been "fair" as example.
Training has been increased from the 16 hours Guardians ad litem go through and there is defined curriculum. Is this enough?
What is the best interest of the child? The phrase is used multiple times. While Maine has attempted to define this concept in statutes there is no means for testing whether a recommendation made by a Guardian ad litem is in a child's best interest. It tends to be based on the bias that the GAL brings to any case. Is taking a 4 year old to a bar late at night and exposing that child to violent adult behavior in the child's best interest? A Guardian ad litem thought so - the courts agreed - and the practice was allowed to continue.
You do not have to write a book, a single line comment is fine. Emailed comments may be mailed to: lawcourt.clerk@courts.maine.gov
The Judicial Branch has a web page with instructions that may be found here: Proposed Amendments to Maine Rules for Guardians Ad Litem
\
For a pdf copy of the proposed rules: Maine Rules for Guardians Ad Litem
Because we do not know if comments will be posted - please CC any correspondence to MeGALalert@gmail.com so that we may post your comments for others to see.
Showing posts with label Judiciary. Show all posts
Showing posts with label Judiciary. Show all posts
Friday, November 29, 2013
Monday, October 7, 2013
Overseers of the Bar - Okay for lawyer to make bomb threats - what about GALs?
There are consequences for the actions that one makes in life. Calling in a bomb threat as an example will land the person making the call into a lot of trouble. If you manage not to serve any jail time there are other areas where you might be penalized to the point of losing your job.
Unless
You are a lawyer in the state who is brought before the Overseers of the Bar (an independent agency created by the Judiciary that is funded by fees paid by lawyers). In a case that was recently brought before the Overseers - a lawyer - who called in a bomb threat (twice) was essentially slapped on the wrist and is being allowed to continue practicing law. Part of his defense was that he had a series of medical conditions that were not being treated properly according to the defendant. In other words it is the "I'm not responsible for my actions" defense.
Why is this important?
The Overseers of the Bar is set to take over responsibility for Guardian ad litem complaints. The Judiciary is moving from a simple yet broken process (one that the average person could understand) to a highly complex process of complaint (a process that is very legalistic in scope). The reasoning behind this move was that the Overseers had the experience of handling complaints. The Judiciary, Guardians ad litem and divorce industry were all in favor of this change. Parents, friends and family surprisingly did not favor the move. Now imagine if in filing a complaint you are mildly successful to get to the point that the lawyer in the above case did. You are standing there in front of the board ready to prove how your GAL broke every rule and statute in the book. Then all of a sudden - the GAL brings out the tried and proven defense "I'm not responsible for my actions" because of (medical condition, parents didn't love me or some other issue). Bang you lose and the Guardian ad litem is free to continue operating as a GAL.
There is no data that shows how many lawyers are disciplined or lose their license as a result of breaking the law. A complaint or disciplinary action through the Overseers is a highly complex and legal process. Beyond the scope of most people without a legal background. Imagine what is going to happen if you attempt to complain through the Overseers of the Board?
If you have an issue with a Guardian ad litem please contact us at NationalGALalert@gmail.com or like us on Facebook.
In addition we are conducting a survey on Guardian ad litem Costs and Performance please share your thoughts on how your Guardian ad litem did on you case or families.
Friday, April 19, 2013
Do Stakeholders in Maine Board of Overseers have your Best Interest?
In 1978
the The
Maine Board of Overseers of the Bar was created by the Supreme
Court of Maine. It is a private organization entrusted with the
responsibility of oversight of Maine's lawyers. It is the only
private organization that offers oversight of any group and or
organization in the state.
The
Maine Board of Overseers of the Bar is also being endorsed by the
Judiciary, Family Lawyers and Guardians ad litem as a means of
offering oversight and management of Guardians ad litem. March 28,
2013 saw testimony from many people – almost exclusively those that
endorsed the idea of oversight of Guardians ad litem through the
Maine Board of Overseers of the Bar were lawyers. Or they had a law
background. Those that opposed the idea of using The Maine Board of
Overseers of the Bar were parents.
The
Maine Board of Overseers of the Bar has been used by consumers to
complain about a lawyer they felt acted with impropriety. Not one
made it by the initial “gate keeper” - the person who decides
whether or not your concern is worthy enough to be heard. It is a
highly legal process and is a dream for anyone in the legal
profession. This is being endorsed and lobbied by stakeholders (are
like stockholders and have a financial interest) – by those who
have every reason for supporting the idea of Guardian ad litem
management and complaints with the Maine Board of Overseers of the
Bar. The following are those that may have an interest in the Board
of Overseers and the regulation of Guardians ad litem through that
private agency – the question you should ask is if they have your
interest at hand:
This
list is by no means complete but it does call into question whether
your interests and concerns are really being heard. Or will the
special interest of those who stand to lose should an equitable
process of management and oversight finally come to Maine. You be the
Judge and tell us and tell your Representatives what you think is
right. Maine GAL alert encourages you to comment on this blog through
email at NationalGALalert@gmail.com
or find us on Facebook.
Subscribe to:
Posts (Atom)