GA - Augusta courts respond to complaints against guardians ad litem

FOX6 WBRC

AUGUSTA, GA (WFXG) -

There's a new set of rules designed to help clear up problems in the Augusta Judicial Circuit's guardian ad litem system.

Tom Allgood, an attorney and one of the authors of the new rules and application process, said the changes started several months ago and took several re-drafts. The new rules are designed to keep a closer eye on the guardian ad litem system.

"It just got to be too cumbersome," Allgood said.

Judges making their own rules, guardians charging clients what they felt was fair, and some guardians taking on way more cases than others.

These were just some of the reasons for a 13-page comprehensive overhaul changing the guidelines and application process to become a guardian ad litem for the Augusta Judicial Circuit.

"All the judges had their own rules, and they had ways, or methods, but they each approved guardians for use or assignment in their cases individually," Allgood said. "It was just decided that we could better use this resource if we drafted some rules and guidelines that applied to every guardian assigning cases by any judge."

WFXG was the first to investigate allegations against Janet Weinberger and complaints about her billing practices.

Now, nearly six months after our story aired, new rules and bylaws are being drafted.

Full Story: FOX6 WBRC

Maine - Notice of Opportunity to Comment - Proposed Amendment Rules for Guardians ad litem

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
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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.