The Better Chancery Practice Blog

[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.