A MODEST PROPOSAL — FOR GAL’S
March 5, 2012 § 5 Comments
[NOTE: This post has no relationship to Jonathan Swift’s 1729 Modest Proposal that the poor do a service to society by eating their young]
This modest proposal has to do with guardians ad litem (GAL).
In the 12th Annual GAL Certification CLE seminar sponsored by Ole Miss on March 2, 2012, Justice Randy Pierce suggested to those present that they consider forming an association to promote your interests. I second that motion.
In the past several years, we have seen: the dawn of GAL certification, which has perceptibly improved the quality of GAL work; the SG v. DC decision, which defined the role of the GAL and directed the courts in how to assign the role; and the McDonald case, which some find troubling, but which may help in the long run to define how the GAL goes about doing his or her job (Note: a pending bill, HB 949 proposes that GAL reports and testimony may include hearsay as long as all parties have notice and the opportunity to rebut any adverse information).
Now it’s time for the next step. GAL’s in good standing need to form your own state-wide organization. Some things you could try to accomplish together:
- Persuade the MSSC to adopt rules governing the appointment of GAL’s by trial courts and conduct of GAL work, and have some input in the process;
- Adopt professionalism standards for GAL’s;
- Monitor, propose and affect legislation dealing with GAL’s;
- File amicus briefs in cases like SG and McDonald that might affect the work of the GAL;
- Establish a listserve with access limited to members to discuss and share insights, experiences and helpful information about your job.
- Gain greater input into certification training.
- You all have compensation issues. By sharing information and experiences, you may be able to come up with ways to address this nettlesome problem.
I’m sure there would be plenty more you could do, but that’s a starting point. As individuals, you are scattered around the state with differing experiences in different courts before different judges. Some of you feel isolated and like you have no support to tap into, I am sure. An association would help overcome that.
I think Justice Pierce is right on target with this. You’ve come a long way. Now it’s time to take it to the next level.
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Tagged: guardian ad litem, guardian ad litem certification, Justice Randy Pierce
The Better Chancery Practice Blog 
Judge, thank you for this idea. I find that frequently I run into the hearsay obstacle and at times find that my report and even my investigation is constantly attacked on this basis. I find it difficult to investigate and report my findings when the parties object to everything in my report as hearsay. As a guardian ad litem, I am not able to live the lives of the children and the parties, as such I am bound by what I am told and what I am able to independantly discover. Frequently, I rely on the information that witnesses provide to me, which I then put into my report. It is my position that once the parties receive my report they have the opportunity to subpeona any witnesses that they want and therefore have the opportunity to cross examine each person whom I spoke with. I find however, that instead of doing that the parties choose to attack the report and testimony on the basis of hearsay and forego calling the individuals as witnesses at trial. Guardians ad litem need some relief. The appointed position is stressful enough without having to worry about whether you are able to adequently present what you believe is in the minor child’s best interest because of objections made by either or both parties.
Thanks for that report from the front lines.
In my opinion, the better attorneys will use your report as a blueprrint for their case, pro and con. The lawyers who aren’t so good would rather tear down than build up.
i hope most chancery judges take seriously their role as superior guardian and act acordingly.
Judge how could I volunteer to help in such an organization and who would I need to talk to? – Reggie Blackledge
I’m glad you asked that.
My recommendation is to call David Calder, an atty in Oxford who also leads the UM Child Advocacy Clinic at the Ole Miss Law School. He was there and heard Justice Pierce’s presentation. His phone number is 662-915-7394, and his email is davidcalder23@gmail.com.
That’s not to say there are not others who are having the same conversation, but Prof. Calder seems like a logical center point, since he heads up the GAL program at OM.
This is a great idea, Judge! As a frequently appointed GAL, I can relate to all of the issues that you raised…and I think that an organization that would allow GAL’s across the state to share ideas and unite our voices to address these issues would be extremely beneficial!