MEGALs Reply to the Judiciary Committee

Janet Stocco
Legislative Analyst
Office of Policy and Legal Analysis

Dear Ms Stocco,

Please, convey my thanks to the Chairs of the Judiciary Committee, Keim and Moonen, for including me as one of the recipients of their important letter to Chief Justice Saufley. I was impressed that the committee which has oversight of the Judicial Branch would take this very direct oversight step, which I've often wondered about in the past, but never seen before. They are to be commended, and one hopes that "long journey begins with first step."

The Guardian ad litem complaint procedure would benefit from a detailed analysis of why no complaints from "consumers" ever seem to stick? Are the complaints naively formulated? Are they defeated in internal committee debate? Is the judgement of a complaint an "all or nothing" event in which there is no room for even minor "corrective action"? Is the committee unfairly balanced with "special interests" that are protective of GALs? One is tempted to ask, with a "perfect record" of complaint defeat, are all GALs in fact "perfect". One might further observe; with a complaint record suggestive of "perfection", do these "paragons" really need a complaint procedure? Is any procedure which never once scores a "hit" in its entire history, a waste of time and money?

I would suggest that a careful, formal analysis of this "phenomenon of apparent GAL perfection" by the Judicial Branch for review by the Judiciary Committee might provide enlightenment for the very perplexed public.

Yours for understanding GAL "perfection".

Sincerely,

Jerome  A Collins, MD

ME Judiciary Committee to Chief Justice Saufley on GAL Review Board and Complaint

In what was a surprise move by the Judiciary Committee - a letter was sent to Honorable Leigh I. Saufley, Chief Justice of Maine's Supreme Court regarding the Guardian ad litem Review Board and Complaint process.

The recommendations made - while they do not go nearly far enough in our opinion - is a start. It also shows that consumers of these services who spoke out or wrote in had an impact on the opinions of this committee. Below is the letter which was sent:



July 18, 2017

Honorable Leigh I. Saufley, Chief Justice
Maine Supreme Judicial Court
Cumberland County Courthouse
205 Newbury Street
Room 139
Portland, Maine 04101-4175

Re: Guardian Ad Litem Review Board and Complaint Process

Dear Chief Justice Saufley:

As you may know, the Judiciary Committee this session considered and unanimously supported LD 457, An Act To Repeal the Sunset Date on the Children Guardians Ad Litem Law. As the title suggests, this bill repeals the sunset provision in Title 4, Chapter 32, the comprehensive law enacted by the 126th Legislature to reform the statutes, rules and procedures involving the court-appointment, compensation, and oversight of children's guardians ad litem in guardianship, adoption, divorce, parental rights and responsibilities, and child protection proceedings.

At the public hearing on LD 457, we encouraged to learn from Chief Judge E. Mary Kelly about the reforms the Judicial Branch implemented after the enactment Of Title 4, Chapter 32: the development and adoption of the new Maine Rules for Guardians ad Litem governing the qualifications, standards of conduct, and appointment of guardians ad litem as well as the procedures governing oversight of guardians ad [item by the Guardian ad Litem Review Board, a new, independent unit of the Board of Overseers Of the Bar. We are satisfied that these reforms were necessary responses to address the concerns that led to enactment of Title 4, Chapter 32.

We were troubled, however, by the testimony we heard and received indicating that some parties in court proceedings where guardians ad litem have been appointed remain frustrated by the perceived lack of accountability enjoyed by guardians ad litem. Individuals who testified against LD 457 expressed confusion surrounding what they view as an overly complex and impersonal Guardian ad Litem Review Board Complaint system as well as dismay that the heavy representation of rostered guardians ad litem on the Review Board prevents complainants from receiving a fair evaluation of their grievances. We therefore respectfully request that the Judicial Branch and the Guardian Ad Litem Review Board consider implementing the following changes to the Guardian Ad Litem Review Board and the complaint process:

• improve the balance in board membership between rostered guardians ad litem (currently 8 members) and members of the public (currently 4 members);
• clearly inform complainants both on the complaint form and on the board's publicly accessible website that board staff are willing and able to assist complainants both with filling out the complaint form and with understanding the complaint process; 
• remove question C. 1 from the complaint form, which inquires whether the complainant is aware of any past complaints against the guardian ad litem; 
• require board staff to immediately acknowledge receipt of all complaints in writing; 
• ensure complaints are processed in a timely manner, with periodic updates provided to complainants to keep them informed of the status of the complaint; and 
• provide a written explanation to the complainant of the reason for dismissal whenever a complaint is dismissed at any point in the complaint process.

Thank you for considering these recommendations. Please do not hesitate to contact us if you have any questions.

Sincerely,
Senator Lisa Keim
Senator Chair


Representative Matthew W. Moonen
House Chair

To review a copy of the actual document please follow this link.