DMR.1.11.020 Guardian Ad Litem Duties

(a) A guardian ad litem shall be an attorney or trained advocate. Before being appointed as guardian ad litem, advocates shall demonstrate an understanding of the role of the guardian ad litem. Such understanding may be demonstrated by passing an examination administered by an interview conducted by the Chief Judge, Family Court, Judge or such other means determined by the Lac Courte Oreilles Tribal Court.

(b) Represent Best Interests. A guardian ad litem shall represent the best interest of the person for whom he or she is appointed. Representation of best interests may be inconsistent with the wishes of the person whose interest the guardian ad litem represents. The guardian ad litem shall not advocate on behalf of or advise any party so as to create in the mind of a reasonable person the appearance of representing that party as an attorney or an advocate.

(c) Maintain Independence. A guardian ad litem shall maintain independence, objectivity and the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom.

(d) Professional Conduct. A guardian ad litem shall act in a manner consistent with the Rules of Professional Conduct of both the American Bar Association, State of Wisconsin, and the Lac Courte Oreilles Tribal Code of Law.

(1) The guardian ad litem may be subject to additional rules or requirements at the discretion of the Chief Judge in addition to those listed in TCT.2.8.030 pursuant to TCT.2.8.060.

(e) Avoid Conflicts of Interest. No person who is an interested party in a proceeding, appears as an attorney or advocate in a proceeding on behalf of any party, or is a relative or representative of an interested party may be appointed guardian ad litem in that proceeding. A guardian ad litem shall:

(1) Avoid any actual or apparent conflict of interest or impropriety in the performance of guardian ad litem responsibilities.

(2) Avoid self-dealing or association from which a guardian ad litem might directly or in-directly benefit, other than for compensation as guardian ad litem.

(3) Take action immediately to resolve any potential conflict or impropriety and advise the Court and the parties of action taken, resign from the matter, or seek Court direction as may be necessary to resolve the conflict or impropriety.

(4) Not accept or maintain appointment if the performance of the duties of guardian ad litem may be materially limited by the guardian's ad litem responsibilities to another client or a third person, or by the guardian's ad litem own interests.

(f) Treat parties with respect. A guardian ad litem is an officer of the Court and as such shall at all times treat the parties with respect, courtesy, fairness and good faith.

(g) Become informed about case. A guardian ad litem shall make active efforts to become informed about the facts of the case and to contact all parties. A guardian ad litem shall examine material information and sources of information, taking into account the positions of the parties

(h) Make requests for evaluations to Court. A guardian ad litem shall not require any evaluations or tests of any person except as required by Tribal Law or Court order issued following notice and opportunity to be heard.

(i) Limit duties to those ordered by Court. A guardian ad litem shall comply with the Court's instructions as set out in the order appointing a guardian ad litem, and shall not provide or require services beyond the scope of the Court's instruction unless by motion and on adequate notice to the parties, a guardian ad litem obtains additional instruction, clarification or expansion of the scope of such appointment.

(1) A guardian ad litem shall not be called as a witness in any proceeding or hearing in which he/she is a guardian ad litem, except where, with the Court's permission, clarification is requested regarding the guardian ad litem's report. In such case, testimony shall be restricted to that which is needed to clarify such report.

(j) Inform individuals about role in case. A guardian ad litem shall identify himself or herself as a guardian ad litem when contacting individuals in the course of a particular case and inform contacted individuals about the role of a guardian ad litem in the case at the earliest practicable time. A guardian ad litem shall advise information sources that the documents and information obtained may become part of Court proceedings.

(k) Appear at hearings. The guardian ad litem shall be given notice of all hearings and proceedings. A guardian ad litem shall appear at any hearing for which the duties of a guardian ad litem or any issues substantially within a guardian ad litem's duties and scope of appointment are to be addressed.

(l) Ex parte communication. A guardian ad litem shall not have ex parte communications concerning the case with the Judge(s) involved in the matter except as permitted by Court Rule or by Tribal Law.

(m) Maintain privacy of parties. As an officer of the Court, a guardian ad litem shall make no disclosures about the case or the investigation except in reports to the Court or as necessary to perform the duties of a guardian ad litem. A guardian ad litem shall maintain the confidential nature of identifiers or addresses where there are allegations of domestic violence or risk to a party's or child's safety. The guardian ad litem may recommend that the Court seal the report or a portion of the report of the guardian ad litem to preserve the privacy, confidentiality, or safety of the parties or the person for whom the guardian ad litem was appointed. The Court may, upon application, and under such conditions as may be necessary to protect the witnesses from potential harm, order disclosure or discovery that addresses the need to challenge the truth of the information received from the confidential source.

(n) Perform duties in timely manner. A guardian ad litem shall perform responsibilities in a prompt and timely manner.

(o) Maintain documentation. A guardian ad litem shall maintain documentation to substantiate recommendations and conclusions and shall keep records of actions taken by the guardian ad litem.

(1) A guardian ad Iitem shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the Court and provide a copy to each party or other entity responsible for payment.

(2) The Court may make provisions for fees and expenses pursuant to Tribal Law or Court Rule in the Order Appointing Guardian ad Litem or any subsequent order.

(p) At final paternity hearings, dispositional hearings and at other times when appropriate, the guardian ad litem shall provide a written report to the Court with his or her recommendations. The recommendations shall be based upon a full and independent investigation of the facts. The report shall include:

(1) The sources of information of the guardian ad litem;

(2) When home visits were done by the guardian ad litem and the results of the visits;

(3) Who the guardian ad litem interviewed including parents, relatives and professionals;

(4) Whether the guardian ad litem had contact with the child or children;

(5) Relevant provisions of the law; and

(6) The guardian ad litem's recommendation on the contested issues.

(q) The appointment of a guardian ad litem terminates upon the entry of the Court's final order or upon the termination of any appeal in which the guardian ad litem participates.

(r) As an officer of the Court, a guardian ad litem has only such authority conferred by the order of appointment. A guardian ad litem shall have the following authority:

(1) Access to party. Unless circumstances warrant otherwise, a guardian ad litem shall have access to the persons for whom a guardian ad litem is appointed and to all information relevant to the issues for which a guardian ad litem was appointed.

(A) The access of a guardian ad litem to the child and all relevant information shall not be unduly restricted by any person or agency

(B) When the guardian ad litem seeks contact with a party who is represented by an attorney or advocate, the guardian ad litem shall notify the attorney or advocate in advance of such contact. The guardian ad litem' s contact with the represented party shall be as permitted by the party's attorney or advocate, unless otherwise ordered by the Court.

(2) Timely receipt of case documents. Until discharged by Court order a guardian ad litem shall be timely furnished copies of all relevant pleadings, documents, and reports by the party which served or submitted them.

(3) Timely notification. A guardian ad litem shall be timely notified of all Court hearings, administrative reviews, investigations, dispositions, and other proceedings concerning the case by the person or agency scheduling the proceeding.

(4) Notice of proposed agreements. A guardian ad litem shall be given notice of, and an opportunity to indicate his or her agreement or objection to any proposed agreed order of the parties governing issues substantially related to the duties of a guardian ad litem.

(5) Participate in all proceedings. A guardian ad litem shall participate in Court hearings through submission of written and supplemental oral reports and as otherwise authorized by Tribal law or Court Rule.

(6) Access to records. Except as limited by law or unless good cause is shown to the Court, upon receiving a copy of the order appointing a guardian ad litem, any person or agency shall permit a guardian ad litem to inspect and copy any and all records and interview personnel relating to the proceeding for which a guardian ad litem is appointed. Examples of persons and agencies to whom this provision applies include but are not limited to any hospital, school, child care provider, organization, department of social and health services, doctor, health care provider, mental health provider, chemical health program, psychologist, psychiatrist, or law enforcement agency.

(7) Access to Court files. Within the scope of appointment, a guardian ad litem shall have access to all relevant Judiciary files. Access to sealed or confidential files shall be by separate order. A guardian ad litem's report shall inform the Court and parties if the report contains information from sealed or confidential files.

(A) The Clerk of Court shall provide certified copies of the order of appointment to a guardian ad litem upon request and without charge.

(s) Rights and powers. In every case in which a guardian ad litem is appointed, a guardian ad litem shall have the rights and powers set forth below. These rights and powers are subject to all applicable Tribal laws and Court Rules.

(1) File documents and respond to discovery. A guardian ad litem shall have the right to file pleadings, motions, notices memoranda, briefs, and other documents, and may, subject to the Trial Court's discretion, engage in and respond to discovery.

(2) Note motions and request hearings. A guardian ad litem shall have the right to make motions and request hearings before the Court as appropriate in the best interests of the person(s) for whom a guardian ad litem was appointed.

(3) Introduce exhibits, examine witnesses, and appeal. A guardian ad litem shall have the right, subject to the Court's discretion, to introduce exhibits, subpoena witnesses, and conduct direct and cross examination of witnesses.

(4) Oral argument and submission of reports. A guardian ad litem shall have the right to fully participate in the proceedings through submission of written reports, and, may with the consent of the Court present oral argument.

(t) Additional rights and powers in other cases. For good cause shown, a guardian ad litem may petition the court for additional authority.