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