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

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.

In Maine March 28 is do or Die 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

Almost 40 years with no Oversight for Guardians ad litem

In 2006 OPEGA ( Office of Program Evaluation and Government Accountability ) produced a report highlighting some of the problems with the Guardian ad litem program in Maine. What OPEGA highlighted back in 2006 for Maine are issues that sadly can be seen in many states across the country.

One of the audit findings by OPEGA was that there is a lack of compliance, performance controls and evaluation systems. The Judicial Branch has not been competent when it comes to oversight or performance monitoring in the 30+ years prior to the report.  Six years later we find the Judicial Branch still without any quality controls in place to monitor and evaluate Guardians ad litem. There is no mechanism to identify GALs that are not complying with requirements or who are not involved in the lives of the child(ren). OPEGA also recommended the establishment of an independent oversight board that would ask for feedback on GAL performance. Being able to give feedback and having a place where this feedback, good or bad, is available for consumers would help in the matter of oversight and management. An Angie’s list of sorts would weed out under performing GALs or limit their business. Those that perform to standards would be rewarded for their ethics and behavior.

It was 30+ years before OPEGA investigated and reported on this issue. Six years later the situation has not changed except that there has been 6 more years of damage to Maine's families and children. How much longer will Maine's children have to wait for change to come? If we wait for the Judicial Branch to bring about change it may be another 40 years. Can we wait that long?

If you want to read a summarized copy of the 2006 OPEGA report click here.


A copy of the report done in 2012 – the Power of the Powerless which covers many of the same issues can be found here.


If you are or know someone who has had issues with a Guardian ad litem please contact us for support at NationalGALalert@gmail.com. We can also be found on Facebook.

The Malfunctioning of Maine's Guardian ad litem (GAL) program

In 2006 OPEGA (Office of Program Evaluation and Government Accountability) did a report on the Guardian ad litem (GAL) system for the state. This came over 30 years after GALs were created as mandated by the Federal Government. From that investigation that was completed six years ago came 11 recommendations to help fix the problems that had been festering for so long. As was pointed out in the last post – none – of these recommendations have been acted upon.

One out of the 11 issues that OPEGA found with the Guardian ad litem program is addressed:

1. OPEGA found back in 2006 that GAL services were not being managed as a program with a focus on the quality and effectiveness of service delivery.

When OPEGA made the recommendations back in 2006 the Judicial Branch agreed to convene a task force to evaluate what OPEGA advised. October 2007 The Judicial Branch was to put forth its recommendations and how it was going to fix the problem. Five years later nothing has happened with the Guardian ad litem program and the issues that confront this very broken system. In 2008 Toby Hollander President of the Maine Guardian ad Litem Institute (the trade organization for Guardians ad litem – also known as MEGALI) basically reiterates what OPEGA had indicated was wrong in his “Proposal to Create a Guardian ad Litem Commission and Office of the Child's Advocate”.

In this proposal that Mr Hollander echoed the OPEGA report in that the weakness of oversight of Guardians ad litem was a major concern. Mr Hollander is quoted as stating “There is no ongoing supervision of Guardians. There is no effort to evaluate the quality or efficiency of their work.” One would think that in 2012 four years after his proposal that there would be more support from the Guardians ad litem that MEGALI fights for in the recent committee investigations in Guardian ad litem oversight and management. It should come as no surprise though that MEGALI and the Judicial Branch have walked lockstep perusing no change despite recognition that change is needed.

Since May 2012 we are aware of over 40 people, 40 families who have been hurt by these organizations. How many others during the prior six years or the 30 plus years before that have been harmed because the Judicial Branch and more recently MEGALI have chosen to turn away and do nothing to fix a problem – a problem that continues to fester?

If you have had issues with a Guardian ad litem or know someone who has. Please contact us for support at NationalGALalert@gmail.com or like us on Facebook

The Executive Branch of Government's Proposal for Guardian ad litem Reform

As citizens of Maine, we challenge the Judiciary and their political base, the divorce industry: Is there a single current report or any data whatsoever that shows where Guardians ad litem have had a positive influence on children and their parents? The Judiciary and the divorce industry repeatedly claim that there is no problem with the present GAL situation and their bland denial of a problem is not sufficient when the well being of our Maine children and families are at stake. If there is no problem as this group would have us believe then why is there such overwhelming evidence that contradicts their claim. Do a search on Guardian ad litem reform or problems and the searcher is faced with a mountain of information and reasons why there are problems.

These problems run the gamut from punitively high costs, to non-existant management and control to cases where the Guardian ad litem is blind to child endangerment. Least we not forget - the Guardian ad litem program is a state sponsored, state created and state perpetuated program which lacks any form of management as other state programs have. The Judiciary is a tax funded state agency. Is this lack of oversight in the "childs best interest"?

Maine produced an incredibly thoughtful report back in 2006 done by OPEGA (Office of Program Evaluation and Government Accountability). It is a report that highlighted many issues with title 22 (Children's Protective) cases. We feel, from our experience, that the issues brought to light are also directly relevant to all cases involving  GALs and are not just specific to title 22. The selection, training and functions of GALs are identical no matter what their work focus. The Rules and Regulations that are supposed to govern them are identical, and the complaint procedure, whatever it may be, is identical.

The 2006 OPEGA Audit on Guardian ad litem performance was the first and only Guardian ad litem functional evaluation in over thirty years. OPEGA made 11 sensible recommendations on how the Guardian ad litem program could be made more accountable. In brief the program suffered from a lack of any standard recognizable form of program management. In the six years since – none of the recommendations have been implemented by the Judicial branch here in Maine.

This should come as no surprise as the Judicial Branch has no management tools for oversight. In addition, they have to walk carefully to avoid offending their political base in the divorce industry, an array of powerful lawyers, Guardians ad litem, and others who make a rich living from divorce. They have dragged their feet on a problem that they are encouraged by their base to view as coming from just a few people. The Judicial branch and divorce industry have repeatedly pointed out that  there are only on average 13-14 complaints a year and that one or two result in any kind of action.

These threadbare numbers need to be put into context. Why are they so low? Does the Judicial Branch make it easy for consumers with legitimate issues to complain? Do they use complaints as a management information tool to correct Guardian ad litem practitioners, or to improve the program? We have followed some of these complaints, and the problems with the complaint process are obvious. No criteria for making a complaint, no instructions, no feed back and no opportunity to rebut a Guardian ad litem's denial. These figures have no weight at all. The Judicial Branch runs an undemocratic, unregulated, authoritarian system that is at pains to cater to the divorce industry. We can realistically expect no change in this 'modus operandi'. The Judiciary and divorce industry are unlikely to self-regulate in ways that will correct the problems and serve the public and our children.

The committee currently working with members of the divorce industry will make change - a word here and a word there. The changes being worked on by the industry and Judicial Branch will do nothing more than reinforce the status quo. Meanwhile the life-style of the divorce industry will continue riding upon the backs of consumers who must mortgage their homes, increase their indebtedness and worry about the future education of their children. Maine Guardian ad litem Alert has been made aware of over 40 reasonable complaints that stem from improper management of Guardians ad litem. This since May of 2012. It is interesting to note that 8 of these complaints  are against just 2 Guardians ad litem. There is a problem here and it is not limited to "just a few unhappy people" as one prominent Senator pointed out back in January 2012.

We encourage you to check out what OPEGA recommended back in 2006. The OPEGA recommendations need to be implemented, the entire Guardian ad litem program needs to be moved to the Administrative Branch (as other states have done) where there can be real program management.

2006 OPEGA – GAL Final Report


2006 OPEGA – Executive Summary


2006 OPEGA – Annual Report pages 19-20 extracted


2012 The Power of the Powerless


If you or someone you know has had issues with a Guardian ad litem we ask that you contact us at NationalGALalert@gmail.com

The foundation for a GAL - a Job Description

A job description is like the foundation of a house. If you have a good and well built foundation the house that sits upon it will also be strong with few problems. If you have a poor foundation (or none), your house will, shift and shake, lack stability and have a lot of problems. Job descriptions are used almost universally throughout business, industry, government and elsewhere to put boundaries on a job, to describe roles and responsibilities, to give lines of authority and accountability. They are a key management tool. In normal oversight, managers ask, "Are you following your job description? You need to improve this or that part of your job description."

Maine's Judicial Branch is currently attempting to tackle the issue of Guardian ad litem reform. A  committee has proposed a complex new procedure for complaints about Guardians ad litem; another committee is currently addressing the issue of Rules and Regulations for Guardians ad litem. But ... er, folks, excuse me, there is no job description for Guardians ad litem. We have before us a collection of a new complaint procedure and new Rules and Regulations - both in search of a job description. There is no formal description of a Guardians ad litem job to which the Rules and Regulations can be tailored. No roles and functions, no lines of authority, no lines of accountability that are universally a part of a regular job description. There is also the matter of training of Guardians ad litem. In most settings in business, industry and government, the job description is the template, or basis, for job training and education. Training flows from the job pattern and re-enforces the job's roles and functions.

Great work, everyone. Now we just have to find a job that all this stuff will fit! It's doing things backwards.

No job description explains the current Guardian ad litem training design. It presumes a base of knowledge for which there is no evidence and adds a smidgen (16 hours) of social work and lawyer. Lawyers and Mental health or Social Workers have very different bases of knowledge, skill and experience. As one educator told us; education of Guardians ad litem is one root of the current Guardian ad litem problem. The "tap root" is no job description. Without a job description, it leaves the Guardian ad litem in the position of being all things to all people.

The problem is that, while fixing the Rules and Regulations may make the house look clean and polished, these Rules and Regulations have no job description as a grounded  foundation. The foundation is missing. In most settings Rules and Regulations would normally provide direction about how to play out the content of the job description. They elaborate on where the boundaries are located, and rules imply a problem when boundaries are crossed or ignored. They can be specific items reviewed in supervision and in internal organizational corrective action or in external complaints. But in the JB system, there is no supervision of Guardians ad litem, which leaves Rules and Regulations as a sort of disconnected, pious hope. An amorphous, very ambiguous claim of Guardians ad litem working in "the best interest of the child" – something that every parent is also doing – is not a substitute for an actual job description. There is no formal statement that defines who or what a Guardian ad litem is or does, their lines of accountability, their roles and functions.

A reliance on "works in the best interest of the child" as a job description accords the Guardian ad litem a magic mantle of omnipotence and omniscience that no other job in America holds, a sort of high priest/priestess accountable only to God, and the appointing court. Maine is faced with a huge problem with the Guardian ad litem system that starts with these questions: what are Guardians ad litem, what do they do, how are they trained, who has oversight of them, how is this exercised? A final very important question: are children and families safe as a result of their actions? And (this afterthought) why is everyone paying megabucks for this service?

Simply reviewing and rewriting Rules and Regulations for Guardians ad litem with no job description, does begin to address the core of the problem – just what is a Guardian ad litem?


Please let us know at MeGALalert@gmail.com what you think is wrong with the Guardian ad litem system. To find out more about what is wrong visit us at meGALalert.blogspot.com.

The Judiciary and Maine Guardian ad Litem Institute say this is an improvement

Making an official complaint about the Guardian ad litem who has worked with you and your family is a daunting process. It forces you to deal with the Judicial Branch of our state government, which is an unfamiliar organization and an unfamiliar activity for most people.  You have to guess what they will agree is a valid complaint. At the moment, unlike the state of NH, our Judicial Branch gives no instruction about how to. The current complaint process simply says, if you believe that a Guardian ad litem has not acted in the “best interests” of your child, you may make a complaint to the Chief Judge of the District Courts. It has been a most frustrating process for most grassroots consumers. The answer from this process seems to be inevitable: dismissal - without reasons given or without a chance to participate in the investigation or rebut the Guardian ad litem’s defense.

But ... in response to public pressure, the Judicial Branch has just finished drafting  a “new" complaint process concerning Guardians ad litem. In our view, it is NOT an improvement over the old procedure.  Unless... you are planning to go to law school for instructions in how to use this new complaint procedure by yourself. It was designed in 3, 2 hour meetings by a committee of 20 persons, all but one are called,“stake holders”, read: members of the divorce industry; District court judges, family law lawyers, and Guardians ad litem. Given their special interests, they did a terrific job of “bullet proofing” Guardians ad litem from public complaints.  

The Judicial Branch has settled on a process that is not consumer friendly, but it is very Guardian ad litem friendly. Its fancy legalistics make the current process look like a primitive bow and arrow approach.  It has been endorsed by 19 of the 20 Judicial Branch Committee members (one public member dissented in a “minority” report). It now goes to the Judiciary Committee of the Legislature for approval. We sincerely hope that it isn’t approved.

The basic structure of what is being proposed adds several layers of complexity and will take considerable time to complete. It will be administered by The Overseers of the Bar, which is under the Judicial Branch.  As we understand it, the steps one would have to go through would roughly follow:

1. File your complaint in writing (no instructions yet), and a staff lawyer on the Overseers of the Bar will review the complaint to decide whether or not it has merit, and you will be told why. If it is felt to be without merit, then the complaint would die here. If it is felt to have merit, then it goes to a panel, a committee, the majority of whom are Guardians ad litem.  Consumers are also on the panel buy in a minority position, and we don’t know how consumer is defined: friends of Guardians ad litem or consumers who will advocate for the public?
2. The first Panel - would review the complaint and conduct an investigation of the complaint. This process could take anywhere from one month to five or six. If the first Panel determines there is no merit to the complaint, it is rejected and the reason for rejection is sent to both the Guardian ad litem and complainer. If on the other hand the complaint is accepted, then it goes to the second Panel.
3. The second Panel - would review the complaint independently and conduct an investigation of the complaint. This process could take anywhere from one to (unknown) months. If the second Committee determines there is no merit to the complaint, it is rejected (dismissed). If on the other hand the complaint is accepted then it goes to what would amount to as a mini trial.
4. The Mini Trial - Both sides would come together to plead their case. You as the person who filed the complaint would have to prove that the Guardian ad litem had abused his/ her position/ role. The Guardian ad litem would have to prove nothing. The burden of proof is on the one complaining. If you were not able to prove your case the trial would end end the complaint would be dismissed.

In all fairness, we may have some of this legalistic tangle wrong. Our excuse is that we haven’t been to law school yet, but we’re considering it! Our own difficulty in understanding this process, as informed consumers makes the point that it is indeed confusing. As a consumer - would you feel comfortable when faced with such a daunting labyrinthine task as we understand it?

The Judicial Branch, in proposing this complex, lengthy  process, is saying to the public that they want nothing to do with oversight. That the responsibility falls squarely on the shoulders of the consumer to determine quality of their officers of the court. Can you prove we have a defective officer of the Court to two Panels of other Officers of the Court?  It is a tough assignment!  Can anybody do it?

As the consumer filing this complaint you quite possible will want to hire a lawyer. That will cost you the time and expense. An additional detail:  the Judicial Branch is asking to TAX every divorcing couple $100 to cover the cost of this extremely user-unfriendly process. Imagine the next time you go to a store and purchase something and being told that you are going to be charged extra - to cover the cost of any potential complaint you may have. The consumer who has little or no experience with this type of system that is being proposed will probably back off of the complaint because of the daunting process before him/ her. Is it any wonder that there have been only 2 complaints a year? This is a good way to make sure there are no complaints.

We urge consumers to ask their legislators to fight this Judicial Branch proposal. We urge consumers not to use it if it is approved. If you have had issues with a Guardian ad litem please contact us at MeGALalert@gmail.com.

Maine's courts as personal bill collectors for GALs

 If you visit the Maine Guardian ad litem Institute web site and read their Mission Statement you will read about the noble cause that they have taken up for the child who finds him/ her self in the middle of a dispute between parents. The inference is about the compassion that they, as the Guardian ad litem trade organization, have for the child and the support that they give each other. It is in the Mission Statement that we see what Toby Hollander's Institute is all about. It is about the "compensation for those individuals serving as Guardian ad litem and providing mutual support and assistance on issues relating to the work of Guardians ad litem."

Currently, there is a case that was slated to be heard in the highest court, in which  we see the kind of support that the Guardian ad litem Institute gives to the rank and file. This case is about how the Institute advocates for the use of coercion by the courts to force a parent to pay for a Guardian ad litem services. That the Institute - in support of a particular Guardian ad litem - is  adding its voice in asking the court to have a parent thrown in jail, for non-payment of a GAL's bill. This seems to be one unappealing  interpretation of the Institute's Mission statement.  It is about Guardian ad litem compensation. In the end, it is not about what this court officer can do for the child. It is about what the court can do for this court officer - even if it means a parent is behind bars. One has to ask, how this kind of action is going to improve the welfare of a child? It makes one wonder about the bottom line; whose interest Maine's Guardians ad litem are really looking out for - theirs or the child?  And where are the courts when the public needs them?

It is planned actions like these that give the Maine Guardian ad litem a black eye. When they use the courts that they work in as "officers of the court" to be their "power bill collector" it may be legal, but it looks unfeeling. It looks like they are using their professional role connections for personal benefit. We feel that the Maine Guardian ad litem Institute has some serious public relations and identity problems. Do they want to be "part of the solution, or part of the problem?" Liens,  garnishing and jail for contempt don't cut it!

It you are having issues with a Guardian ad litem institute we encourage you to write to us. There are currently over 40 complaints about Guardians ad litem that we are aware of in the state of Maine.  The list continues to  grow. Is your Guardian ad litem part of this list? Please contact us at MeGALalert@gmail.com.

Do you know how Toby Hollander and the Maine Guardian ad Litem Institute feel?

Stay tuned as we expose what concerns the Maine Guardian ad litem Institute the most? Money, power or influence? Find out how Toby Hollander and the Maine Guardian ad litem Institute really feels about you...... The consumer.....

in the next 24 hours....

Maine's Courts are making GALs Bullet Proof from Complaints

Maine's Judicial Branch is in the final stages of fine tuning a "new" Guardian ad litem complaint process.  From a review of this “new” proposal,which must go to the legislature for approval, we would say that the JB has done a masterful job of protecting Guardians ad litem, also known as"officers of the court".  The draft proposal, if it goes forward as is, will virtually guarantee each and every GAL that no complaint from the public will ever touch them.  They can remain free and  totally unaccountable.  It will be a huge relief for many Guardians ad litem whose activities have been the subject of much public anger about a malfunctioning GAL system and public calls for reform of the program.  No public complaint will break the tight legal barriers of the "new" complaint process, which appears even more likely to dismiss all complaints than the Judicial Branch's "old" complaint process.

Whew!  Looks like Guardians ad litem dodged that bullet!

It is a triumph of "foxes" designing security systems for the "hen house".  Credit must go to Justice Warren Silver and his committee of 20 who worked on the plan for an “open, fair process” for complaints about Guardians ad litem.  The huge preponderance of this 20 member committee were what might be called the Judicial Branch's core political  "base", Guardians ad litem, friends of Guardians ad litem, family court judges, and lawyers in the divorce "trade".  There was one lone member representing the public interest in this process.  There had been earlier talk of three public representatives, but, hey, why trouble the public about this sort of thing?  What does the public know anyway?  One public member should be plenty!

One of the curious paradoxes about this committee with a "reform" mandate from the Chief Justice was that the majority of the members openly (and sometimes heatedly) expressed their feeling that there was "no problem" with the system, especially the current complaint process.  Many felt the push for change was the result of political action by a small, noisy group that didn't reflect the views of most people using Guardians ad litem in their divorce. One family lawyer was vehement in his views about clients who want to complain: "Make them pay!  It's about ego!"  And ... the committee proposal does follow his strongly expressed suggestion. Those who use Guardians ad litem in their divorce will pay an upfront "tax" to support the complaint process and another fee for making a formal complaint.

Make ‘em pay!

The complaint process itself will be housed in the formidable bastion of the Overseers of the Bar and administered by them.  An administrative lawyer will do a screening check on all public complaints. If these complaints are felt to have merit, they will be passed on to a 12 member "volunteer panel" for determination of action on the complaint.  But ... what a panel!  10 Guardians ad litem and two members from the "public".  We're not sure what "public" means (friends and families of Guardians ad litem, agency people or Mr and Mrs “Grass-roots America”?).  We're wondering why 2 members of the public? For true GAL peace of mind, one or, better, none, should suffice.  Keep it a friendly little group of  like-minded colleagues.

Consumer protection?  Please, just trust the integrity of the JB, and its GAL "officers of the court".  We consider that our whole operation is about consumer protection.  Just take property liens, garnished wages and jail! These protect consumers from breaking the law for non-payment of their GAL’s bills. We protect consumers all the time.

Er, ...  do Guardians ad litem know how to judge their peers, or have they any experience in self-policing?  Do they even know or follow their own Rules and Regulations?   Do they have any experience with “consumer protection” issues? No, but that means they will be more spontaneously  empathic and “culturally sensitive” to colleagues who are beset by complainers and bad sports.  They are not bogged down by knowledge.  Dismissed, dismissed, dismissed!   What training does it take to say, “Dismissed”?  These complainers wanted change. You can be sure we'll give them “change”, but our change may not pan out to be what these “bad sports” wanted!

As you can see it is an elegant judicial sham.  It uses the ‘gravitas’ of the Overseers of the Bar to cover a heavily weighted panel of 10 Guardians ad litem whose threadbare training and experience  give them no preparation to address consumer complaints about malfunctioning colleagues and friends. But ... it takes no experience or education to say, “Dismissed!”  It is in essence a mini court trial in which “the burden of proof” is on the consumer.  Prove beyond a shadow of a doubt that you got a “lemon”.

How on earth  did we end up in a formal courtroom type of  process when we wanted to report vocational malfunctioning to the workers overseers? All we wanted was corrective action from those in charge at the JB.

Given that Maine’s licensing boards offer  consumer protection and consumer friendly models for addressing malfunctioning professionals, one has to ask:

Will the legislature buy these new “bullet proof vests” for Guardians ad litem with public money?

Are Maine's Rules and Standards for GALs just Window Dressing?

Maine's Judiciary has Guardian ad litem Rules and Standards on their web site.  They state quite clearly that the Supreme Judicial Court “has adopted Rules and Standards of Practice for Guardians ad Litem in Title 19-A and Title 22 cases.” In other words the Guardians ad litem that they roster – or give their seal of approval to, must abide by these rules and standards. Or does it?

What is the reason for posting these Rules and Standards for the public?

1. They are posted to help the public understand how a Guardian ad litem is supposed to operate. They are the law in which they and the Judges that manage them must operate within.
2. They are posted to help the public understand the role of the Guardian ad litem. These Rules and Standards though are applied when convenient for the courts to use them. How and when they are used is kept from the consumer as they really do not understand this type of thing.
3. The Rules and Standards have been posted for the public’s benefit to give a warm and fuzzy feeling. The Rules and Standards in reality have no meaning and the court all but ignores what is written.

Although it is possible that of the three examples there have been instances where the first was actually applied – it is not known when that may have been the case. The second example like the first is non-existent. With the third example there are numerous instances that can be found dating back to 2003-04 (and possibly before) where Maine's Courts and Guardians ad litem have chosen to ignore the Rules and Standards. What does this mean to the consumer of this system that experiences a Guardian ad litem that operates outside of these rule and standards and you complain about him/ her? It means that the Judiciary has no interest in correcting the behavior of its own but will correct your behavior if you cause too much trouble.  Maine's Judiciary has ignored a problem that has been around for more than a decade. How many people have been hurt by the resistance to admit there is a very real problem? That is something that we are only now just beginning to see.  The current window dressing for oversight and accountability that we have seen is just that – Window Dressing – to satisfy the rank and file so that at the end of the day they – Maine's Judiciary, Judges and Guardians ad litem can path themselves on the back and say they did a great job helping out those poor consumers. Maine's Judiciary, Judges and Guardians ad litem are in need of a little reality and accountability.

If you or someone you know has been hurt in a divorce where a Guardian ad litem was involved please contact us at MeGALalert@gmail.com. For more information please visit us on Facebook at NatGALalert
To view the current Rules and Standards published by Maine's Judiciary please follow these links:

Rules

Standards