Why lawyers love LD522 - Why it hurts Maine's Families and Children

On Thursday March 28th in testimony to the Judiciary Committee a number of people made excellent suggestions about controlling Guardian ad litem costs and fees.  Means testing, fee caps, regular bill reporting and ... oversight of billing by the management of the Judicial Branch would go a long way towards correcting the freewheeling ways of Guardians ad litem.  As we know, these ideas are fairly simple - and not rocket science.  Finance and many other Guardian ad litem issues should be fairly simple as no cost problems to fix.

The Judicial Branch faces a significant political problem.  Make that HUGE.  The political base, the support system, of the Judicial Branch is composed of the Legal Guild, lawyers, Guardians ad litem and Judges.  Asking - or demanding - that any part of this base take a smaller, financial cut in divorce cases  might be expected to result in a mass disaffection on the part of the Judicial Branch legal guild political base.  It might cost the Judicial Branch the political support of  the Legal Guild and the divorce industry.  It could result in profound alienation of this Guild base with political consequences for the Judicial Branch leadership. The Guardian ad litem reform movement threatens to disrupt the previous balance between Judicial Branch management and their affluent, powerful base - the divorce industry.

This Judicial Branch - lawyer political dynamic might explain the powerful, under the radar opposition to real people oriented Guardian ad litem reform.

The care and feeding of its lawyer base is one explanation about why the Judicial Branch always seems to defer to its "stakeholders", the divorce industry, lawyers and Guardians ad litem.  It may explain why the Judicial Branch allows its divorce industry "stakeholders" to dominate most of its planning committees for Guardian ad litem reform, such as the one from last Summer.  It leaves the Judicial Branch paralyzed in the present situation and may explain why it does nothing - or at best the bare minimum.  Pressure from the divorce industry not to change versus pressure from the "grass-roots" to change. The Judicial Branch is caught in a terrible bind.

The members of the divorce industry, including Guardians ad litem, make significant amounts of money off of divorcing couples.  It is a multi-million dollar industry.  Restrictions on the divorce industry of any kind could reduce their incomes. The current situation and its dynamics are in some ways similar to the robber barons of 19th century American history. 

LD 522 is nothing less than a license to steal and plunder.  It favors the legal Barons; not divorcing families and children.  It is a gift from the Judicial Branch to its lawyer base.  It allows the predatory wolves to keep their sheep's clothing!

It will require significant political pressure and moral pressure to overcome this resistance to change for the benefit of our Maine children and families.

For information on how to help stop LD522 from passing contact us at MeGALalertt@gmail.com or find up to date information on Facebook.

Day of Reckoning - March 28 2013 - for Guardian ad litem Reform

The following four bills will be open for testimony by the public on Thursday March 28 starting at 1 pm. This is an opportunity for our group to speak of the issues we have had to deal with concerning Guardians ad litem, the Judiciary and Divorce Industry. The three that would help parents and children are LD 551, 872 and 975. LD 522 is a bill from the Judiciary which would take control in house of Guardians ad litem. In almost 40 years they have not been able to correct problems that many in the Judiciary and divorce industry do not see. Should LD 522 pass it would mean that reform would be a dead issue at least for this session. What ever momentum we currently have would be lost. The fight will be harder. How many families and children have to be hurt before there is meaningful change? You will have an opportunity to stop that hurt and help others that are experiencing the horrors of a Guardian ad litem gone wrong. Your voice is needed. Please help

LD 522, SP 212,  An Act To Amend the Guardian Ad Litem Laws
Link to PDF of bill: LD 522, SP 212
Link to schedule


LD 551, HP 370, An Act To Establish Certification Standards for
Guardians Ad Litem
Link to PDF of bill: LD 551, HP 370
Link to schedule


LD 872, SP 297, An Act To Improve the Quality of Guardian ad Litem
Services for the Children and Families of Maine
Link to PDF of bill: LD 872, SP 297
Link to schedule


LD 975, HP 689, An Act To Ensure Accountability of Guardians Ad Litem
and Parenting Coordinators
Link to PDF of bill: LD 975, HP 689
Link to Schedule


For more information please contact us at MeGALalert@gmail.com or like us on Facebook for up to date information on Guardian ad litem reform. In addition please find below the email addresses of our representatives who are on the Judiciary Committee. Write to them and let them know how Guardian ad litem reform is important to you. How it is important to divorcing families. But.... mostly how important it is to our children who will continue to be harmed by the current process.

Judiciary Committee List:

Linda M. Valentino    D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
senatorvalentino@gmail.com

John L. Tuttle Jr.    D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
SenJohn.Tuttle@legislature.maine.gov

David C. Burns        R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
SenDavid.Burns@legislature.maine.gov

Charles R. Priest    D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
cpriest1@comcast.net    RepCharles.Priest@legislature.maine.gov

Kimberly J. Monaghan-Derrig    D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
kmderrig@maine.rr.com    RepKim.Monaghan-Derrig@legislature.maine.gov

Jennifer  DeChant    D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
dechantforbath@gmail.com    RepJennifer.DeChant@legislature.maine.gov

Matthew W. Moonen    D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
matt.moonen@gmail.com    RepMatt.Moonen@legislature.maine.gov

Stephen W. Moriarty    D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
smoriarty108@aol.com    repsteve.moriarty@legislature.maine.gov

Lisa Renee Villa    D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
Villa98staterep@gmail.com    RepLisa.Villa@legislature.maine.gov

Jarrod S. Crockett    R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
jarrodscrockett@gmail.com    RepJarrod.Crockett@legislature.maine.gov

Michael G. Beaulieu    R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
mike@mikeformaine.org    RepMike.Beaulieu@legislature.maine.gov

Anita  Peavey Haskell    R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
RepAnita.Peaveyhaskell@legislature.maine.gov

Stacey K. Guerin    R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
repguerin@gmail.com    RepStacey.Guerin@legislature.maine.gov

Wayne T. Mitchell    D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
 waymitch10@hotmail.com    RepWayne.Mitchell@legislature.maine.gov

LD 522, SP 212: Will Optional Reporting Make things Better?

With the current standards and rules for Guardians ad litem one of the key parts is that the Guardian ad litem is required to file a report. A recommendation within 14 days of the final hearing.  In addition the Guardian ad litem is responsible for filing reports through out the custody process. For reference:

Standards 4 (4.1): The report shall be based on the Guardian's investigation and evaluation and provide reasons in support of these recommendations.

This item has been a part of the process since 1999 when the standards where last modified. Currently the proposed bill LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws is asking the Legislature to do away with this item. The wording in the summary section of the proposed bill is as follows:

"Current law requires a guardian ad litem appointed in a family matters case to submit a written report to the parties and the court. This bill requires a written report only if the court directs the guardian ad litem to file one."

In many cases the report that the parties get is the only source of information on what the Guardian ad litem has or is doing. The reports are a life line to the parent(s). By doing away with this item and making it an optional component of the Guardian ad litem responsibility - only benefits the Guardian ad litem. How does it benefit the child or more importantly the parents that are involved in this process?  It does not. One of the biggest problems divorcing families face is the lack of information that is provided to either or both parties. It is part of human nature to want to know what is happening on the other side.  To be prepared for the worse but hope for the best. Restricting the avenues of communication between the parties is a recipe for disaster and heightened conflict. This ends up feeding itself – limiting the information further and causing anger and mistrust of the other side and or Guardian ad litem. There is no good that will come out of this aspect of the proposed bill.

Please write to your Representatives and ask them to think about not taking away this one aspect  of a Guardian ad litem involvement that sheds some light on the process. This process is not about limiting what a parent needs to know. It is about making sure the parents involved are well informed. Make the report(s) an option will not improve the quality of the work a Guardian ad litem does. Contact us at MeGALalert@gmail.com for support and information about Guardian ad litem reform. For up to date information like us on Facebook.

Judiciary Committee List:

Linda M. Valentino    D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
     senatorvalentino@gmail.com
 
John L. Tuttle Jr.    D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
      SenJohn.Tuttle@legislature.maine.gov
 
David C. Burns        R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
      SenDavid.Burns@legislature.maine.gov
 
Charles R. Priest    D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
     cpriest1@comcast.net    RepCharles.Priest@legislature.maine.gov
 
Kimberly J. Monaghan-Derrig    D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
     kmderrig@maine.rr.com    RepKim.Monaghan-Derrig@legislature.maine.gov
 
Jennifer  DeChant    D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
     dechantforbath@gmail.com    RepJennifer.DeChant@legislature.maine.gov
 
Matthew W. Moonen    D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
     matt.moonen@gmail.com    RepMatt.Moonen@legislature.maine.gov
 
Stephen W. Moriarty    D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
     smoriarty108@aol.com    repsteve.moriarty@legislature.maine.gov
 
Lisa Renee Villa    D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
     Villa98staterep@gmail.com    RepLisa.Villa@legislature.maine.gov
 
Jarrod S. Crockett    R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
     jarrodscrockett@gmail.com    RepJarrod.Crockett@legislature.maine.gov
 
Michael G. Beaulieu    R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
     mike@mikeformaine.org    RepMike.Beaulieu@legislature.maine.gov
 
Anita  Peavey Haskell    R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
      RepAnita.Peaveyhaskell@legislature.maine.gov
 
Stacey K. Guerin    R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
     repguerin@gmail.com    RepStacey.Guerin@legislature.maine.gov
 
Wayne T. Mitchell    D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
     waymitch10@hotmail.com    RepWayne.Mitchell@legislature.maine.gov

LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws

Is a proposed bill that is being submitted by the Judiciary of Maine and the intention is to correct issues that are part of the Guardian ad litem program here in Maine. It is not clear how what is being proposed will really benefit the children and families of Maine. This is a bill that appears to be self serving for the 'stake holders' (ie. The divorce industry and Guardians ad litem) and an avenue for the states Judiciary to save face and give the appearance of correcting problems that has fermented for decades.

Take for instance “Recommendations for an Improved Process for Complaints Regarding Guardians Ad Litem” in the summary section. This is an open ended statement and gives no clear structure as to how the proposed complaint process is to be improved upon. Our understanding from a member of the committee that was assembled for reforming the complaint process is that the format being endorsed would benefit those that work within the courts. A complaint process with layers that for the average person trying to navigate the legalese would give up upon. This complaint process would also be maintained within the Judiciary – which in almost 40 years of problems has only managed to make the complaint process more bullet proof for the divorce industry and Guardians ad litem. The average person unfamiliar with legal process would probably benefit more from banging their head against a wall repeatedly. Our courts, Judges and Guardians ad litem have failed miserably to provide control, management and oversight of this 'profession' – are we expected that they can produce a transparent process for complaints that the average person can understand?

Contrast this to a proposal from Maine's licensing board  which has a history of providing management and oversight of its members. The complaint process is understandable to the average person who is attempting to navigate a complaint against a Guardian ad litem for vocation and or malpractice. There is due process and accountability that is built in. The process is explained by those that handle the complaint to those that are filing a complaint. There is transparency involved that is not seen with the current process nor with what is being proposed by the Judiciary.

Which would you want to work within? A process that is highly legal and time consuming. One that will potentially cost the person trying to bring about a complaint thousands of dollars? Or a process that cost very little in terms of time and resources. That is not legalistic in its scope? If for no other reason this bill should be killed – the Judiciary may do some things well – oversight and management of Guardians ad litem is not one of them. The bill is self serving and makes reform closed to the public – the very same idea that has put Maine's Guardians ad litem in the hot water they find themselves in now. The complaint process should be moved from the closed process this bill is asking for and moved to an organization that is equipped to police its own. Maine's children cannot wait another 40 years for the idea of change to come. Maine's families cannot afford the cost – emotional and financial – that will come with a poorly thought out process for reform.

Please write to our Representatives to tell them that  LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws should be laid to rest. That this is a bad piece of legislation. If you have questions, or need help in contacting our Representatives please email us at MeGALalert@gmail.com for support and information. We can also be found on Facebook for up to date information on  Guardian ad litem and Parental Coordinator reform.