First Adopted: May 20, 2009
Most Recently Effective: September 01, 2011
Appendix C | Standards with Comments for Guardians ad Litem in Juvenile and Family Court Division Matters |
Standard 03.0 | Independent Judgment of Guardian ad Litem
A guardian ad litem shall be guided by the best interests of the child and shall exercise independent judgment on behalf of the child in all matters.
Comment
The guardian ad litem must recommend only what is in the best interests of the child on each issue and must maintain an objectivity that preserves a clear focus on the child’s best interests.
The roles of a guardian ad litem and a lawyer for the child are different and must be clearly distinguished. A guardian ad litem is not the lawyer for the child and, therefore, advocates the best interests of the child rather than merely representing the child’s preferences.
The participation of a lawyer in a matter in which the lawyer previously has served as guardian ad litem is governed by Rule 4-1.12.
(Adopted May 20, 2009, effective January 1, 2010. Amended August 29, 2011, effective September 1, 2011.)