KITSAP COUNTY LOCAL COURT RULES

Rule 80

RULE 80. GUARDIANS AD LITEM (TITLE 11 & 26)

For general guidelines regarding responsibilities and authority of Guardians ad Litem and roles and responsibilities of Guardians ad Litem in Title 13 juvenile court proceedings, see Superior Court Guardian Ad Litem Rules (GALR). For special rules regarding Title 26 Guardian ad Litem appointments see Kitsap County local rule KCSPR 94.04 (A).

(a) Administration: Guardian ad Litem Registry for Guardianships.

(1) Guardian ad Litem (GAL) Qualifications.

(A) All registry applicants must meet the qualifications set forth by statute and all requirements for training and certification established by statute and/or court rule to be considered for placement and retention on the registry.

(B) In addition to any qualifications required by statute, the following shall be the required qualifications for the Guardian ad Litem Registry:

i. Attorneys.
Member of the Washington State Bar Association in good standing.

ii. Non Attorneys.
For Title 11 appointments, five years experience in needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities and/or other areas relevant to the needs of incapacitated persons documented in the applicant’s curriculum vitae.
For Title 26 appointments, five years experience in needs of children and families involved in disputes over parenting issues, dissolution or parentage determinations documented in the applicant’s curriculum vitae.

iii. All Applicants.
Shall be of high moral character, and shall not have any:
Felony convictions or any convictions involving theft, dishonesty or moral turpitude.
Professional certification or license suspension or revocation.
Pending investigation or action regarding any criminal charges or license suspension or revocation.

(C) All registry applicants shall abide by the Guardian ad Litem Code of Conduct, these local rules, and any and all updates as adopted by the Kitsap County Superior Court.


(2) Application.

(A) Applications for placement on the registry shall be reviewed by the Kitsap County Guardian ad Litem Committee (the Committee) to determine compliance with the court rules. The Committee shall review all applications and periodic updates to determine compliance with the court rules and all applicable State laws.

(B) The registry shall be open for new applications one time a year, between February 1 and June 1. All required information must be received by the Kitsap County Superior Court Administrator no later than June 1 of each year. The registry shall be defined by July 1 of each year.

(C) Each applicant, including person currently on the registry, must annually submit the following documents to the Kitsap County Superior Court Administrator:

      i. Complete application for Guardian ad Litem Registry which includes:
Statement certifying applicant has read and agrees to be bound by the Kitsap County Superior Court Guardian ad Litem Registry Code of Conduct.

     Summary of experiences as a GAL including years of experience and number of appointments.

Number of times the GAL has been removed for failure to perform his or her duties as GAL.

     ii. Curriculum vitae documenting educational background, qualifications, formal training, work, professional and personal experiences in or related to the field that would assist in the performance and completion of his/her duties.

     iii. Description of nature, status and outcome of any professional complaints, investigations or disciplinary actions, lawsuits or professional liability claims, and any order for removal of the GAL prior to completion of the his/her duties.

     iv. Description of any claim(s) or litigation that has been commenced involving allegations of improper fee charges, charges of fraud, theft or other forms of dishonesty or professional malpractice or conduct.

     v. Copy of fee schedule.

     vi. Washington State Patrol Criminal History Report.

     vii. Signed release of information directed to all professional regulatory bodies which have licensed or supervised the applicant within the last ten years.

     viii. A Certification of Qualifications/Training for Guardian ad Litem (Title 11 or 26) as approved by DSHS or AOC, and for those applicants currently on the registry, a certification of any additional training as required by Kitsap County Superior Court, any statute or regulation.

    ix. Any other required information and correspondence with reference to the person’s service as a GAL and any action thereon by the Court.

(D) Persons applying will be notified of their placement on the registry by July 1 and shall then be eligible for appointment as a Guardian ad Litem.

(F) A person, whose application for placement on the registry does not meet the Court’s requirements for placement on the registry, shall be notified of the apparent deficiency and be given an opportunity to correct the same. If after 30 days the applicant has not corrected the apparent deficiency, his or her name shall not be placed on the registry.

(G) The Court Administrator shall maintain a separate file on each GAL that will be located in the Superior Court Administration Office. Each filed shall include the items listed within this rule specifically outlined in section C. The information contained in the files shall be open for public review during normal business hours.

 

(3) Appointment of GAL from Registry.

(A) Application to the Court for appointment of a GAL in all family law and guardianship proceedings shall be made by submitting an Order Appointing Guardian ad Litem to the Superior Court Administrator’s office. The Superior Court Administrator or designee, shall provide, and the Court shall appoint, the GAL whose name next appears on the rotational list, subject to the GAL’s acceptance of the appointment.

(B) Application to the Court for appointment of a GAL in all family law proceedings shall be made by submitting an Order Appointing Guardian ad Litem to the Superior Court Administrator’s office. The Superior Court Administrator, or designee, shall provide three names that are next on the rotational list. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the Court shall appoint a GAL from the names on that list. The parties may make a joint recommendation for appointment of a GAL from the registry.

(C) In the event none of the three names provided according to the rotational registry are acceptable to the parties, for good cause, the appointing Commissioner or Judge shall appoint the next person on the random rotation list of approved registered Guardians ad Litem. The order shall then be submitted to a Judge or Commissioner for signature or such other action as may be appropriate and a copy delivered to the Superior Court Administrator’s office. The person appointed GAL pursuant to this section shall have his/her named placed on the end of the rotational list.

(D) Any Judge or Commissioner who does not appoint the person next on the rotational list, as supplied by the Superior Court Administrator, shall comply with RCW 11.88.090(3) or RCW 26.09.220, RCW 26.12.175, and RCW 26.12.177, as appropriate, for the purposes of making an appropriate record of the reasons for said deviation. The Order, once signed, shall be presented to the Superior Court Administrator’s office for registry data. In the event a Judge or Commissioner approves a person who is not next on the rotational list, the appointed person’s name shall go to the bottom of the rotational list.

(E) If the parties stipulate to recommend the appointment of a particular registered GAL the parties must present, prior to appointment, a written stipulation and Order signed by both parties and their attorneys which specifies the amount of the retainer charged, the agreement between the parties regarding payment of the retainer and the fees, and the hourly rate charged by the recommended person. The Order, once signed, shall be presented to the Superior Court Administrator’s office for registry data. The person appointed GAL pursuant to this section shall have his/her name placed at the end of the rotational list.

(F) In the event the person nominated as GAL chooses not to serve, regardless of the reason, his/her name shall go to the end of the rotational list just as if he/she had served.

(4) Retention on Registry.

(A) The Kitsap County Superior Court Administrator shall be responsible for maintaining a registry of those qualified to serve as a GAL.

(B) A person shall remain on the registry unless the person fails to maintain the statutory certification or court requirements for the registry, or is removed by the person’s own request and has not been removed as set forth by controlling statute or by local rule

(C) The AOC shall be notified of any names certified on the Guardian ad Litem Registry.

(5) Fees.

(A) Fees paid by Kitsap County shall be at the hourly rate set by the Superior Court judges upon the recommendation of the Superior Court Administrator, and published in the Court’s administrative policy. Fees shall not exceed $500 per case in Title 11 matters or $500 per case in Title 26 matters. If additional fees are requested, a motion must be made to the Court with proper notice to all parties.

(B) A copy of the Order authorizing County paid fees and an affidavit of fees shall be submitted to the Kitsap County Superior Court Administrator before payment will be made (Exhibit M).

(b) Grievance Procedures.

(1) Submission of Complaint.

(A) If the Court Administrator or the Court receives a written complaint alleging that:

     i. A GAL has violated the local rules regarding requirements for participation on the registry; or

     ii. A GAL has misrepresented his or her qualifications to be a GAL; or

     iii. A person is not suitable to act as a GAL; or

     iv. A GAL’s conduct is being questioned in a particular case; or

     v. A GAL has exhibited inappropriate conduct in a particular case;
the matter shall be referred to the Guardian ad Litem Committee. The Committee shall only consider grievances on a particular case from or on behalf of parties named in that case.

(B) If the Court Administrator or the Court becomes aware of any reason that would place the suitability of the person to act as a GAL in question, the matter shall be referred to the Committee.

(C) Information regarding suitability to serve as a GAL, which does not relate to a particular case, shall be directed to the Committee. The source of the information and its contents shall be communicated to the GAL for a written response.

(D) All information related to a grievance in a particular case and all information relating to issues of suitability to serve as a GAL shall be forwarded to the Committee for review. All matters shall be submitted on written materials only. There shall be no oral testimony.

(E) Any written complaint(s) that are pending against a Guardian ad Litem, and any associated information or documentation, shall remain confidential until the Guardian ad Litem Committee has rendered a decision, unless the case(s) is active and pending.

(2) Response and Action on Complaint.

(A) The Committee may seek a written response from the GAL if the Court determines that the case in completed and the party or party’s attorney making the grievance is a party to the case.

(B) A grievance concerning a pending case shall be directed to the judicial officer assigned to the case. Nothing herein is intended to limit the discretion of the assigned Judge or Court Commissioner in a pending case to remove, retain, or sanction a GAL or party in a specific case heard before that Judge or Court Commissioner. Conduct of a GAL pertaining to the performance of his/her duties in a specific pending case shall be addressed in a properly noted hearing before the assigned Judge or Court Commissioner.

(C) At the discretion of the Committee, the GAL’s further participation on the registry may be suspended or denied pending resolution of the complaint or grievance. The GAL shall be notified of any decision to suspend or remove their name from the registry pending resolution of the complaint or grievance.

(3) Findings and Discipline on Complaint.

(A) The GAL and any complaining party shall be notified of any action or decision on the complaint or grievance. A copy of the decision of the Committee shall be placed in the GAL file maintained by the Court Administrator.

(B) At the discretion of the Committee, a person may have additional reasonable requirements imposed upon them which permit them to continue to serve as a GAL; they may be denied listing on the registry; or they may be removed from the registry for any other reason that places the suitability of the person to act as a GAL in question, including but not limited to failure to comply with the applicable statutes, court rules and/or Code of Conduct.

(C) The Presiding Judge shall present any recommendation to suspend or remove the GAL from the registry to the Superior Court Judges at their next regular meeting.

(D) The AOC shall be notified immediately of the name of any GAL removed

from the rotational registry as a result of a grievance or decision of the Committee.

(4) Reconsideration of Decision

(A) A GAL or party seeking reconsideration of a decision shall do so in writing to the Court Administrator, within fifteen (15) days of the date of decision.

(B) The Court Administrator shall forward the request for reconsideration and other documents to the Presiding Judge. The Presiding Judge shall present the same to the Superior Court Judges at their next regular meeting.