Do Stakeholders in Maine Board of Overseers have your Best Interest?

In 1978 the The Maine Board of Overseers of the Bar was created by the Supreme Court of Maine. It is a private organization entrusted with the responsibility of oversight of Maine's lawyers. It is the only private organization that offers oversight of any group and or organization in the state.

The Maine Board of Overseers of the Bar is also being endorsed by the Judiciary, Family Lawyers and Guardians ad litem as a means of offering oversight and management of Guardians ad litem. March 28, 2013 saw testimony from many people – almost exclusively those that endorsed the idea of oversight of Guardians ad litem through the Maine Board of Overseers of the Bar were lawyers. Or they had a law background. Those that opposed the idea of using The Maine Board of Overseers of the Bar were parents.

The Maine Board of Overseers of the Bar has been used by consumers to complain about a lawyer they felt acted with impropriety. Not one made it by the initial “gate keeper” - the person who decides whether or not your concern is worthy enough to be heard. It is a highly legal process and is a dream for anyone in the legal profession. This is being endorsed and lobbied by stakeholders (are like stockholders and have a financial interest) – by those who have every reason for supporting the idea of Guardian ad litem management and complaints with the Maine Board of Overseers of the Bar. The following are those that may have an interest in the Board of Overseers and the regulation of Guardians ad litem through that private agency – the question you should ask is if they have your interest at hand:

Hon.Leigh I. Saufley

Hon.Charles C. LaVerdiere

Hon.Robert E. Mullen

Hon.Warren M. Silver

Ms.Mary Ann Lynch

Ms.Dawn M. Pelletier Esq.

Ms.Ilse Teeters-Trumpy Esq.

Sen.Mr. Roger J. Katz Esq.

Sen.Ms. Dawn Hill

Sen.Mr. Seth A. Goodall Esq

Rep.Mr. Jarrod Samuel Crockett Esq.

Rep.Mr. Stephen W. Moriarty Esq.

Rep.Mr. Charles R. Priest Esq.

Rep.Mr. Mark N. Dion Esq.

Rep.Mr. Kenneth Wade Fredette Esq.

Rep.Mr. Aaron Michael Frey Esq.

Rep.Mr. Barry J. Hobbins Esq.

Rep.Mr. Andrew T. Mason Esq.

Rep.Ms. Sharon A. Treat Esq.

This list is by no means complete but it does call into question whether your interests and concerns are really being heard. Or will the special interest of those who stand to lose should an equitable process of management and oversight finally come to Maine. You be the Judge and tell us and tell your Representatives what you think is right. Maine GAL alert encourages you to comment on this blog through email at MeGALalert@gmail.com or find us on Facebook.

Employment opportunity helping Maine's children $100 - $200 per hour!!!

Do you want a high paying career with the potential of earning between $200,000 and $400,000 a year? Can you sit through 16 hours of lectures over three days? If so then you can become a Guardian ad litem and work for Maine’s Judiciary.

The benefits? A binder with loose instructions on what a Guardian ad litem must do. No supervision. No worry about making mistakes. Best of all knowing that Maine’s Justice system will force collection on any bill that you present!

The above ad is made up and is not all that far from the truth. In the state of Maine if you are a lawyer or social worker you can easily become a Guardian ad litem. To do so requires only 16 hours of lectures. There is no test in the end to see if there is an understanding of the concepts discussed, there is no mentoring program administered by the courts. You walk out with only the lecture and a loose leaf notebook to start your career. Upon becoming a Guardian ad litem you can count on Maine’s Court system backing you up. Your recommendations no matter how over the top they may be will be accepted as fact. In no other court that we are aware of is hearsay accepted as fact. As a Guardian ad litem if you have issues collecting from one or both parties involved this is not a problem because Maine’s courts will force the parties to pay by garnishing wages or putting a lien on your home to name a few of the strong arm tactics employed by the courts. There is no step that is too extreme for Guardian ad litem bill collection – keep in mind that it is all done with the child’s best interest. Finally, the role of a Guardian ad litem can profoundly change the way a broken family interacts, and what you do is protected with immunity by Maine’s Court system. It is impossible to remove a Guardian ad litem in this state. Any complaint no matter how horrific the Guardian ad litem may have been is a wasted complaint. Currently there is no functional due process for families.

Maine’s Court system is currently going through a process of trying to repair issues with the Guardian ad litem program. Although the Judicial Branch should be applauded for its efforts in trying to fix many of the problems it should be pointed out that it has taken years to get to this point. It has taken far too long, and there have been many families hurt by a process that is meant to help, but by design only hurts. Maine’s families have suffered enough.

Please contact us at MeGALalert@gmail.com if you have had issues with a Guardian ad litem.

The content on this site is for informational and educational purposes only and should not be considered legal advice

Forced to buy Lemons at Gunpoint

When there is no oversight, no supervision and no enforceable standard for Guardians ad litem, the public is forced to buy an unknown product by the Judicial Branch, which creates (or rosters) them. More and more Guardians ad litem come out of the Judicial Branch "factory" which has no factory inspection, no test drive and no certificate of quality. To put it baldly, the Judicial Branch has no idea about whether the wheels will stay on the car when it is driven at normal speed and no "factory recall". Furthermore, the market for this product is totally controlled by the Judicial Branch. Courts can demand that couples going through a divorce and child custody battle must buy this product while providing no quality assurance.

Lemons for sale! And, no, you can never get your money back, or trade your "lemon" for a functional car. We are distressed that there is no functional system for making a complaint about Guardians ad litem who are "lemons", and we ourselves are rapidly acquiring an ever lengthening list of "consumer complaints" about "lemons" and the hair raising details behind these complaints. We are considering various ways of informing the public about "lemons".

We are gaining an increasing awareness of the Judicial Branch Guardian ad litem complaint process, as it passes through the "oversight" of  Judge Charles LaVerdiere. We feel no confidence in his process for handling serious Guardian ad litem complaints from the public. He provides only the briefest, flimsiest of instructions for complaining consumers, and there are no criteria for what might be categorical reasons for making complaints. His assessment of complaints seems opaque and secretive for someone charged by the Judicial Branch with assuring quality for the public. We sense that if the Guardian ad litem being complained about says, in effect (and without challenge), "The complaint is a lie," that is the end of the matter. The judge doesn't act like a man who wants to know more- or to look more deeply. The public complaint is taken into a dark room at the Judicial Branch and smothered! And the consumer is sent a "case dismissed" reply with no reasons for dismissal.  End of story! On this inadequate, secretive, "oversight" process, the Judicial Branch and Maine Guardian ad Litem Institute (Guardian ad litem trade organization) proudly boast, "Only two Guardian ad litem reprimands in two years; one verbal, one written!" When you lift up the rug and look under it, it is not confidence inspiring.

This raises important consumer issues for a democratic society. Should consumers be forced into using and paying for "lemons", by the courts? Guardian ad litem fees at $120.00 to $200.00 per hour (in an un-itemized Guardian ad litem bill), can run to totals that range from $12,000.00 to $19,000.00 to $34,000.00 or more. The money is not insignificant for middle class couples.  It is a hefty price especially for a "lemon" with no quality assurance and no consumer protection.  It is a further outrage When the hapless consumer who refuses to pay for a "lemon" gets hauled into court by the Guardian ad litem in attempts to force payment, garnish wages or impose a jail sentence! Are we living in 18th century Europe or 21st century America? It looks like Guardian ad litems and Maine courts want to resurrect the long gone, long abolished, hateful "debtor's prison"!

The Judicial Branch's Guardian ad litem program is beyond broken. It badly needs a total overhaul and the public needs relief and protection from the barbarism of present practices. The financial impact of Guardian ad litems on the public is devastating a form of cruelty that should be unacceptable in a civilized society.


The Guardian ad litem program should be halted until it is repaired and the Judicial Branch can guarantee the public quality assurance.

Please contact us at MeGALalert@gmail.com

When is Burning a Child with a Cigarette Okay?

There is a case in Maine that has run its course through the system. The case is a perversion of Justice and the father has been put through the wringer by the Guardian ad litem.

The father recently filed a complaint with the head Judge – Judge LaVerdiere – in which he complained about the Guardian ad litem and the neglect this woman showed for the case and the child. This father was and still is upset with the medieval process that he and others have to go though with the Guardians ad litem assigned to their case. There is a shopping list of why this Guardian ad litem practiced neglect and bias – throwing any shred of common sense out the window and not looking out for this child's best interest.

1. This Guardian ad litem neglected the child’s safety. Several years ago in July it was brought to the GALs attention that his son was burned – it appeared that the burns were caused by cigarettes. In addition there were several large bruises on his shoulders that his son complained about. The father sought treatment for his son as any good parent would do. He also complained to the Guardian ad litem.

According to the rules for Guardians ad litem if a GAL knows that a child has been abused he/ she must make an immediate report to DHHS. In this case the GAL did not report and dismissed the fathers concern. In addition the father was accused of causing trouble – which could be true if a parents concern for their child is causing trouble.

2. Despite the fact that the father has no history of drug or alcohol use or mental illness he was forced to have mental evaluations done so that he may have limited supervised visits with his child. These visits are limited to once a week for a few hours. In addition he was forced to have an assessment done for anger management because the Guardian ad litem felt the father had issues in controlling his anger. This father did what any parent would do when faced with the threat at losing contact with their child. He complied. The Dr. doing the evaluation pointed out that the fathers perceived anger was justified considering the harassment he was getting from the Guardian ad litem. The Guardian ad litem chose to ignore the findings of this Dr – thus disrespecting the opinion of a professional and making a diagnosis of the problem. This Guardian ad litem (and this would also apply for any Guardian ad litem) has no authority to make a diagnosis – never. This Guardian ad litem under rule 3, 3.2, 12(a) is supposed to work with other professionals involved in the assessment or treatment of the parties involved. She clearly did not.

3. This Guardian ad litem showed bias against the father. In addition to the assessments the father was forced to take – this despite the fact he had no history of violence, mental illness or alcohol and drug use – the mother was never asked to do the same. The mother as part of her daily regimen of coping with life is on a mix of ten plus drugs that includes - Vicodin, Oxycontin, Ativan, Neurotin, Phenergin and Medicinal Marijuana. The child was placed under the mothers care despite the knowledge the mother was often incapacitated by these drugs. Is it any wonder the father may have shown frustration towards the Guardian ad litem's recommendations?

The Judgment of this Guardian ad litem is clouded. Both the rules and standards state that a Guardian ad litem must make well reasoned and defensible recommendation regarding the best interest of the child and be an independent voice, free of bias. In all three points it is questionable whether the child’s safety was taken into consideration. Certainly the 'best interest of the child' was ignored. These points and others were cited in the complaint to Head Judge LaVerdiere. He went through and weighed the rights and wrongs – and in the end decided, upon consultation with the Guardian ad litem, that this Guardian ad litem did nothing wrong. Well at least nothing that would warrant even the light slaps on the wrist that Maine's Judiciary has doled out to their GALs. You be the Judge and let us know if the Guardian ad litem was right or wrong.

email: MeGALalert@gmail.com

For more information on the rules and standards please follow these links:

Rules: http://www.courts.state.me.us/maine_courts/family/gal/rules.html

Standards: http://www.courts.state.me.us/maine_courts/family/gal/standards.html

The 'Dating Game' - Maine Guardian ad litem style

Custody tensions can be hard enough without the 'help' of a stranger coming in and making recommendations based on a bizarre and abstract idea that has no clear foundation other than that person's opinion.

For the past several years that Guardian ad litem role expansion has been what Maine’s Justice Saufly (and others) call "mission creep" in the role of Guardian ad litem. Going beyond what the courts have mandated and beyond the scope of these Guardian ad litem's professional training. One area of "mission creep" is that a Guardian ad litem has no right to prescribe unusual social behaviors in managing the lives of divorcing parents and their child.

There is one case that has made its way through the court system where a Judge has made history. The Guardian ad litem working this case has essentially recommended that the parents (both of them have remarried) start 'dating' allegedly 'in the child’s best interest' (the Guardian ad litem has rewritten to state that monthly 'meetings' are recommended – whatever it is called by the Guardian ad litem it is not something the Guardian ad litem has any authority nor mandate to recommend). What is interesting is that this Guardian ad litem has no background in psychology and is stretching the Guardian ad litem role way beyond any Maine statutes.. It is a Guardian ad litem as a law unto him/herself. As this Judge has endorsed the recommendation he/ she is in effect giving approval to court ordered dating for divorcees in the State of Maine. An embarrassing first in the United States for Maine and our court system.

According to rules for the Guardian ad litem section 3, 3.2, 12 (a) “Working effectively with other professionals involved in the assessment or treatment of the child” is something that can apparently be ignored by Guardian ad litems if it does not fit their personal opinion of the “child’s best interest” in any situation. This Guardian ad litem is imposing his/ her surreal bias on the situation and in opposition to the opinion of a licensed mental health professional, to say nothing of the wishes of one of the remarried parties. It is a do your own thing plan of action. This Guardian ad litem has no mandate nor training (nor does any Guardian ad litem in the State of Maine or in the US) to recommend this course of "over the top" action. What the goal of this situation is, is hard to understand - other than the claim that it may meet some need of one parent over the other. This and a totalitarian mind set on the Guardian ad litem's need to impose his/ her will. It would be laughable, as a bad joke, were it not so destructive of the lives of real people.

Should this bizarre recommendation actually be implemented – as it looks like it will - by the court; then both the Guardian ad litem and the court should be held responsible for this insane idea and lack of common sense. The Guardian ad litem should be dismissed - permanently. The Judge should be sanctioned at the very least if not removed. There is no room in Maine's Justice system for such bad jokes or decisions.

An example such as this one is a strong cry for effective, long overdue oversight of Maine Guardian ad litems. Those who would say that there is "no scandal" in the Guardian ad litem program must have an extremely tolerant view of scandal.