Maine - An appeal to Maine's Supreme Court: Dalton Vs. Dalton CUM-13-521 - the Lawyers Debate

We welcome this chance to publish the final two steps in an appeal to Maine's Supreme Court, the Dalton vs Dalton case. Step II, which follows here, is attorney Susan Bixby's reply to Beth Maloney's original brief.  Maloney’s brief, published here earlier, got the appeal process started. Step III is Maloney’s rebuttal of Bixby.

Along with our presentation here of the final two steps, we offer our layman’s observations and reactions to the 'arcana' of legal strategy used by these lawyers for a family court appeal.  Our non-expert, "grass roots" response to both pieces of writing is philosophical and common sense - not legal.  The philosophical flaws we see in both documents are about the basic human assumptions, the investigative process and the judicial decisions behind the  classic lawyerly strategies for how the "contentious divorce” (and its appeal) gets played.  For what it's worth, here is our personal take on the final two lawyerly exchanges in the Dalton v Dalton debate:

II.) SUSAN BIXBY'S APPROACH:

As we read it, Ms Bixby uses an all too common divorce strategy: to communicate by strong  inference that suburban housewife and mother of three children, Sarah Dalton, is a dangerous woman around children.  You may note that Bixby carefully comes close to the line of actually charging child abuse, but doesn't ever  cross it.  In her well designed response to the Maloney brief, Bixby strongly hints that, if Ms Dalton were left alone with her kids, God alone knows what bad - but unspecified - things might happen.  In tone it is all very subjunctive, speculative and scary.  She never crosses the line dividing hints of possible abuse from actual charges of abuse - for good reason.  It would end the family court hearings and - after investigation, might place the charge in criminal court, where a trial by jury would probably clear Ms Dalton of the "hints" of abuse issue.

Clearly, Ms Bixby's client , Mr. Dalton, is indirectly represented as wanting an “exclusive” - all of his children all of the time. No sharing. No concern about the children's need for a maternal parent. It is a hardball, legalistic "abuse game" right out of the movie, "Divorce Corp". Take no prisoners! The Bixby presentation raises the question in this reader's mind: "What exactly makes Ms Dalton 'unfit' as a mother , and after all of these years as a mother is she suddenly ‘nouveau’ abusive?"  And, another puzzle, why is she presented as, so far, being  immune to corrective therapy?  It is so stereotyped a legal strategy of demonizing a custody opponent as almost to be out of the tabloids!

Bixby, by her numerous claims that Maloney has ignored the "Rules of Evidence" more than implies that her legal opponent is dim and ignorant of how to use the "Rules of Evidence".  Tut tut!  As non-lawyers, what can we say?  The always meticulous, compulsive, detail-oriented Maloney, it is implied, needs to go back to the "Rules" book and bone up!  There is also an unmistakable hint from Bixby that Maloney needs lessons in legal etiquette and propriety. "Aggressive lawyering" is the operant phrase but there is more innuendo of absent professional refinement.

But read Part II, the Bixby reply and see what you think: Dalton Vs. Dalton CUM-13-521 Bixby's response.

To read the initial brief that was filed in February 2014 please follow this link: An appeal to Maine's Supreme Court: DaltonVs. Dalton CUM-13-521.

If you have had problems in Family Court with a judge or Guardian ad litem please contact us at NationalGALalert@gmail.com of find us on Facebook.

gal, Guardian ad litem, family court, Dalton, child abuse, lawyers debate, divorce corp, jury

Maine - Child Custody - An appeal to Maine's Supreme Court: Dalton Vs. Dalton CUM-13-521

It isn’t often that most people have a chance to read an actual divorce and custody story that is being appealed to Maine’s Supreme Court, as we write this.  Child custody appeals are relatively rare. Most people, who might wish to appeal, are intimidated by the process; many are discouraged by lawyers, who don’t wish to offend a lower court judge by asking a higher court to intervene and correct a decision. Then, there is the huge amount of work involved and the not inconsiderable expense.

The process starts with a heartfelt disagreement with a lower court judgment and with the handling of the law in that court. It requires courage to challenge a family court judgment. It also always embodies a determined love of one’s child (children). In effect the appellant is very publicly saying - but in polite legal language - to the court, “You are dead wrong!  Your judgment is not only unfair but badly arrived at. The tools you are using and the reasoning process are seriously defective!  I strongly protest!”  How a skilled attorney approaches this problem and chooses the most important issues out of a welter of possible “plots, subplots and very involved stories” is a matter of legal judgment. Most of us, as parents and family would get lost in a morass of the details that go into a custody fight. The enclosed brief of this particular case demonstrates the vitally necessary partnership between lawyer and client. It is a union of “heart and courage” and ”head” - the level, focused intellectual crafting of the case essentials by a lawyer. It will be, I guarantee you, a most interesting and informative “read”.

We’ve been hearing from family members some of the unbelievable details of this case, Dalton vs Dalton, for just over a year. We have held our breath each time there has been a court hearing, hoping for fairness, for a reasonable turn of events, for a review of hard facts and for correction of a frightening nightmare of misperception being acted out in court. But the process seemed only to get worse as time went on. The extreme and inaccurate views of the court and a Guardian ad litem have, unfortunately, become ever more rigidly entrenched. Hence, the difficult decision to appeal.

We have to say, in no way to diminish this very troubling case, that from our experience with many other friends, the clumsy handling of this case in this court is, unfortunately, by no means unique. This case is a poster child for other very similar cases, and it is an urgent clarion call for urgently needed Family Court Reform in Maine. Like most Family Courts in America today, Maine’s courts are in the views of many, badly broken, dysfunctional and urgently in need of reconceptualization and reconstruction. They have lost their moorings in the law, and they are cruelly hurting many of the families and children that they are supposed to serve.

Please, read the enclosed pdf with the details of the Supreme Court Appeal and see what you think.  By all means, share it with friends and legal professionals.  Ask the questions: “Is this how our courts should function?  Is this your image of what you would expect from a court in a democratic society?”

Finally, who is in charge, where’s the oversight?

To view the case click on the link - Dalton Vs. Dalton CUM-13-521

For more information please contact NationalGALalert@gmail.com or find us on Facebook

Women wage campaign to impeach New Jersey judge Paul Escandon

It begs the question of who is providing oversight of the judges - in any state? The public and consumers of any state Judicial Branch are fed the same hash that everything is under control. Or is it? How do we know as a people, as a society that those who should be doling out justice are doing so in a way that is fair and by the law. How do we know that judges have oversight and accountability. That they are being managed? We don't. We have been brought up to trust a system that in many areas is corrupt and has no interest in making sure the system is working the way it is supposed to.

These women are proving just that. One of the women was upset and vented which led to other women connecting. Patterns start to emerge. While this case does not directly relate to a Guardian ad litem it does make one think about whether or not the people who are "managing" Guardians ad litem are themselves being managed. If there is no management of anyone in our courts then how do we know that there are no problems? We don't and neither do our courts.

ABC News

 MONMOUTH CO., N.J. (WABC) -- A group of women who say they've been discriminated against by a judge in Monmouth County, New Jersey are now trying to get him impeached. They've filed a petition with the state assembly to have the judge removed.

What's interesting is the role that social media has had in bringing these women together to share their stories. It started with one mother who thought she was alone in her legal battle with Judge Paul Escandon, but she discovered there are dozens with similar experiences.

"All of a sudden, one day I was his mother and the next day I had fewer rights than a babysitter on the street," Rachel Alitoff said.

Full story and video: ABC News

Rachel Alitoff blog on Judge Paul Escandon


If you have had issues with a Guardian ad litem we would encourage you to contact us at NationalGALalert.com or comment here. We can also be found on Facebook.

Because there is no oversight of the Guardian ad litem system - we are conducting two surveys on the cost and performance of Guardians ad litem. We encourage anyone who has worked with a Guardian ad litem to take one or both.

The “Best Interest Police” coming to your divorce

Looked at from a distance, the whole concept of a states Guardian ad litem program is hard to understand from its official description. From what we hear from its users, it doesn't do much-if anything- to help children. It is confusing (and expensive) for families. It is unmanaged and un-supervised and is not accessible to the kind of functional "corrective action" that is available to most public programs. As we see it - operationally, Guardians ad litem have virtually absolute power to act in whatever they choose with divorcing families and children. Compliance with "Rules and Standards for Guardians ad litem" has no enforcement, therefore is purely voluntary on the part of the Guardian ad litem. It is a truly unique institution in democratic America more like the apparatus of a police state.

It might be asked why do non-criminal, non-abusing, divorcing couples need the Best Interest Police to investigate and determine whether their parenting practices and attitudes are in their children's "best interest"? Why aren't all American parents under the surveillance of Guardians ad litem as "best interest police" for their children. In the interests of equal opportunity, shouldn't the parenting practices of all American parents - divorcing and non-divorcing - be watched and evaluated equally carefully for the child's "best interest"? The obvious answer is that a total surveillance of everyone's parenting practices by outside agents of the government, or by whomever, would bring on a violent upheaval that would make the American Revolution seem like a Sunday school picnic. Guardians ad litem in divorces are the "nanny state" on totalitarian steroids.

Conceptually, we would suggest that Guardians ad litem seem to function 'de facto' as "Child's Best Interest Police", empowered by judges to look for the "evil that lurks in the hearts of 'men' (humans)". Watch out as those neighbors, friends of your spouse and others line up to share their thoughts about your parenting skills (and much more) in secret exchanges with a Guardian ad litem. Though there are "Rules and Standards for Guardians ad litem", there is no administrative "oversight" (no enforcement) from the mother organization, the Judicial Branch of state government. Such "oversight" as there might be comes from a feeble complaint process that depends on the courage of consumers to face-off against the "Best Interest Police" in the "Mother house" of all lawyers, the Overseers of the Bar.

It is a situation that is beyond "David and Goliath" to have the courage to complain to the Overseers. It is an all or nothing, winner-take-all situation and the odds against a complainer winning are formidable. Filing a consumer complaint, forces consumers to address both the substance of their Guardian ad litem complaint and the prejudice of the lawyers in the Overseers, who firmly believe that their colleague Guardians ad litem are "wonderful, do good work, help many children", unfounded opinions openly expressed by the Family Law Advisory Commission (and other Judicial Branch officials). How do you tell powerful people who admire and respect Guardians ad litem, that their colleagues, that the people they esteem have "messed up"? Where do you run for cover from a vindicated, vengeful Guardian ad litem when your complaint is dismissed? Where is the protection for a "complainer"?

It may be deemed impertinent for us to ask: "Why has no one ever done any formal program evaluation of this hugely expensive, , much criticized, run-away program? Are Guardians ad litem really "doing good work" or "helping children"? What do families say? What do children say? What do objective child-development evaluators (outside of the sweep of Judicial Branch/Muskie School influence) say? Is the program working for public benefit? Are kids better for having had a Guardian ad litem? After 39 years doesn't it need formal study and, perhaps, a bit of program tweaking? Where's the data? Why is there NO program evaluation data?

We would say that the absence of any well-founded program evaluation after 39 years is itself a public scandal. There are many symptoms of program dysfunction and many witnesses to this dysfunction. Program evaluation needs to move beyond judicial , "feel-good" anecdote.

Please comment here or contact us at NationalGALalert@gmail.com. There is also a Facebook page that is maintained that covers current issues and concerns. If you would like to express your opinion we would encourage you to take our survey on Guardian ad litem performance and or cost.

Violation of Maine's Constitution by Judiciary and Guardians ad litem

The following letter suggest that there are serious issues with regards to LD522 and whether if it is implemented would be a violation of Maine's Constitution. This is not the first time where we have seen what would be an infringement of ones Constitutional rights here in Maine. This though holds the potential of being on a much larger scale.


April 10, 2013

Maine Judicial Committee

100 State House Station

Augusta, Maine 04333

Dear Judicial Committee Member,



Please find within a friendly reminder regarding LD 522; upon accepting your State of Maine Government position, you took an oath and made a pledge to up hold both the Maine and United States Constitutions.

The Maine Constitution is very direct and clear that  powers and responsibilities delegated to the Legislator, Governor, and Judicial Branch cannot be under any circumstances sub-delegated.

Whereas, LD 522 clearly does in fact sub delegated the responsibilities and power of oversight regarding Guardian Ad Litem’s to a private and non-government entity; being the Board of Overseers of the Maine Bar.

Therefore, as a member of this judicial committee, you have a responsibility and must reject LD522  and if it should be move forward to the State House and Senate  floor; could be a possible act in clear violation of the Maine Constitution. If for some reason, should LD522 be forward to the House and Senate floor; it must contain a proper disclosure that it may be in violation of the Maine Constitution.

I personally find it very troubling that some committee members whom should have a commanding knowledge of the Maine Constitution; would even consider supporting LD 522. Moreover, what is even more troubling is that LD522, was recommended by the Judicial Branch, which should have clearly known that these government powers and responsibilities cannot be sub-delegated to the board of overseers of the Maine Bar!

Another major U.S. Constitutional issue is the sub-delegation of powers in granting immunity or quasi - immunity to attorneys, or guardian ad litems that only represent individuals or a small group of individuals of the general public is prohibited; compare to attorneys that represents the vast majority of the general public with Constitutional rights which is acceptable. Therefore, LD 522 granting guardian ad litem quasi – immunity is in clear conflict with the U.S. Constitution and the U.S. Supreme Court opinion’s which have made it very clear as whom can be granted immunity and quasi-immunity. Therefore those attorneys, or guardian ad litems which only represent a child, or small group of children in a particular family will not qualify for any type of immunity, or quasi - immunity.

In closing, this committee should not recommend or allow LD522 to continue on to the floor of the Maine House, or Senate; due to what appears to be major Constitutional violations and conflicts.

Respectfully submitted by,


R Baizley

If you have an interest in bringing about Guardian ad litem reform please contact us at NationalGALalert@gmail.com or find us on Facebook.

Canada Recognizes Problems with Family Courts - Does your State?

The United States is not the only area where there are very real issues surrounding the family court system. In Canada – where there has been ongoing problems within their family court system – the Supreme Court of Canada has ruled that an overhaul of the system needs to take place. That the family courts have operated in a dysfunctional way for decades much as they have here in much of the US. In this country though there is often a resistance to any kind of much needed reform from our courts and the divorce industry – this is one of the reasons why in several states there is a push for reform of the broken Guardian ad litem system.

Presented below is some of the article from the Globe and Mail:

Report to Supreme Court chief justice calls for family law overhaul

An unreleased report commissioned by the country’s top judge is urging a radical overhaul of Canada’s family law system.

The report to Chief Justice Beverley McLachlin, scheduled for release next month, calls for restructuring the family law system from the ground up, with a focus on streamlining the court process and ending a fixation on combat.

The report, from a committee headed by Supreme Court Justice Thomas Cromwell, goes on to make more than two dozen recommendations, including the creation of specialized judges who can shepherd a family law dispute from beginning to end.

The family law system has been under attack for much of the past two or three decades over litigation that drags out and the destructive effect of the adversarial process on couples who are vulnerable and prone to go on the attack. And the inordinate costs of litigation have led to a massive increase in the number of litigants who represent themselves – now as much as 70 or 80 per cent.

A copy of the report, obtained by The Globe and Mail, says that estranged spouses and their children are seriously damaged by the adversarial system; and that judges, lawyers and law schools must embrace a culture of mediation and settlement.

The ground-breaking report also recommends the imposition of painful cost awards against litigants who behave badly or impede settlements.

Full story: Globe and Mail

Additional material on family law as presented by the Globe and Mail: SupremeCourt Leadership

For more information and support please contact us at NationalGALalert@gmail.com or find us on Facebook.

An Act To Amend the Guardian Ad Litem Laws - Do you Understand?

There is a bill being that has been presented by our Judiciary that is impossible to understand:

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

This bill on Guardian ad litem reform seems innocent enough – if you do not really read through it. On the other hand if you try and understand what is being asked – it appears that the Judiciary is trying to pull a fast one on Maine’s citizens. In reading this bill it appears the Judiciary is asking the Legislature to give them a blank check. To turn the other way as they – the divorce industry, Guardians ad ltem and “stake holders” set the rules and oversight for Guardians ad litem. In almost 40 years the Judiciary, divorce industry and Guardians ad litem have failed to provide any measurable oversight and management of the Guardian ad litem system. It would appear that citizens of the state are being asked to believe in our court system to do the right thing.

Good intentions will not correct the problem that we are faced with. By letting the Judiciary take the process behind closed doors there will be no opportunity to correct the problems that we are all facing. To be more concerned with how the “stakeholders” feel is a sad commentary on Justice in Maine.  This bill appears to be bad for the people of Maine and good for those that make a living off of divorcing Maine families. We encourage you to write our Representatives and ask them to explain how this bill will benefit Maine families. If they cannot then they should kill this bill.

For more information and support please contact us at NationalGALalert@gmail.com or like us on Facebook for more up to date information.


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

Wonderful Guardians ad litem according to Deputy Chief Judge Robert E. Mullen

Maybe the Hon. Robert E. Mullen, Deputy Chief Judge who gave a presentation along with Judge Susan Longley at the recent meeting of the Joint Standing  Committee of the Judiciary missed what has been going on this past year. If they are to be believed Guardians ad litem are wonderful and the noise currently being made by concerned citizens is limited to a handful of people. According to them.

A year ago there were only 5 people in the state that voiced concern about Guardians ad litem that we were aware of. A year later we know of almost 400 people who have been touched in a negative way by a Guardian ad litem. These are people from all parts of the state. They are children, parents, grandparents, friends and co-workers who have all experienced the pain that results from a Guardian ad litem that is under managed and with no oversight. One has to ask where Deputy Chief Judge Robert E. Mullen and Judge Susan Longley are getting their information? Are their opinions based in any kind of reality or fact? Or is it based on the bubblegum reality that the divorce industry paints for their constituents – the courts and those representatives that have a vested interest in perpetuating the money machine known as Guardian ad litem?

On January 31, 2013 The Deputy Chief Judge gave a presentation that covered much of what the Judiciary and those in the Divorce industry have told us before in the past. That there is a process for complaints. That there are rules and standards the courts and Guardians ad litem live by.  While all of this looks good to those of us looking in from the outside –  the reality of those on the inside is not as good or clear. For instance there is no process that explains what a lay person needs to do to file a complaint. The Rules and Standards which are displayed for everyone to see are meaningless words to be used at the courts convenience. There is no informed consent – so that parents know how the information they are about to give to a Guardian ad litem and courts can be used against them. How their Constitutional rights may be violated. These are just a few of the issues that the divorce industry have ignored or are blaming on the parents and families caught up in the process.

“Guardians ad litem are wonderful" according to  Deputy Chief Judge Robert E. Mullen but there is mounting evidence to show there are very real problems. The Judiciary has known since 2006 of problems with its rostered GALs and the lack of oversight and management of these court officers.  Some of the issues are listed here:

1. 2006 OPEGA report that highlighted 11 areas that need reform or correction 
2. 2008 report by Maine's Judiciary that pointed out areas of concern
3. The National organization First Start which has rated Maine with a ( F ) for three reports 
4. The National organization Center for Judicial Excellence which pointed out problems with Maine 
5. In less than ( 1 ) year over 400 people have come out to question the actions of Guardians ad litem in a custody dispute.
6. In less than ( 1 ) year over 60 consumer complaints about GALs that are rostered in Maine.
7. Chief Justice Saufley who spoke in March of 2012 and who pointed out some of the horrors that divorcing families have had to experience at the hands of Guardians ad litem – sexual abuse, questionable billing practices, predatory practice, lack of management and lack of oversight to name a few of the items from the list she presented.
8. 2012 May 31 in Portland at the court house there were numerous consumer concerns about the role of Guardian ad litem – with follow up letters to the Judiciary
9. For this legislative session ( 5 ) bills dealing with some aspect of Guardian ad litem reform have been presented.

One has to ask Deputy Chief Judge Robert E. Mullen and Judge Susan Longley if the situation with Guardians ad litem are really “peaches and cream” then where is the proof – that is proof other than the shop worn 'statistic' of two Guardians ad litem in five years having been disciplined. Currently divorcing families have a loaded weapon pointed at them if a Guardian ad litem is brought onto the case. With no limitations, controls and immunity Guardians ad litem will leave a path of destruction in their wake. All of this is done with the blessing of the courts and 'in the best interest of the child'. It is time to bring about reform so that future families are not crippled.

If you have or had an issue with a Guardian ad litem please contact us at MeGALalert@gmail.com. Like us on Facebook or find us on twitter.

The Courts and GALs Prescribing Snake Oil and Witchcraft in the name of helping Families

Because my ex abused my son/ daughter, this stranger (GAL) is deemed a more capable parent than me?

Is it any wonder then why any parent when faced with a similar situation would feel anger towards a custody situation they find themselves in? Guardians ad litem and Parental Coordinators have been “prescribing” courses in anger management for quite some time. One Senior GAL is on record for recommending this because one of the parents was “caustic and controlling”. Are these parent(s) who are given this “prescription” by court officers really in need of anger management? Or is this the “prescribers'” attempt to control (and need to punish) the parent(s) as a result of an unfriendly or hostile interpersonal situation? The courts and court officers appear have not given much thought or “prescriptive” precision in recommending “anger management”.

Anger is an emotion and is not recognized as a diagnosable form of mental illness by the American Psychiatric Association. Anger is not a primary condition but is a secondary emotion and is a part of many situations. The courts order and or prescribe “anger management” without the knowledge, skill or professional experience to know what they are doing with this alleged “tool”. The courts and their officers (GALs and Parental Coordinators) are not clinicians trained to “prescribe” anything they are reporters to the courts. In making these “prescriptions” the courts and officers of the courts never describe the 'anger' as being mild, severe, appropriate, inappropriate, controlled or out of control. If it is secondary to psychosis, drugs or alcohol or whether the anger is threatening the safety of others. In 'prescribing' therapy the courts and officers of the courts do not set goals or an end point to 'anger management'.

So are the courts helping the parent(s) that are 'prescribed' treatment or are they delving into an area that they have no business being involved in? Causing more harm to the parent(s) in an attempt to control and manipulate them. It appears that the courts in 'prescribing' 'anger management' are doing nothing more than playing witch doctor in their pseudo-psychological, court 'prescribed' punishment for what is perceived as bad behavior. The reality is that the parent(s) are showing their frustration with a process that is so twisted and warped that it is devoid of any reality.

If you have fallen victim to court 'prescribed' therapy please contact us at NationalGALalert@gmail.com for support or like us on Facebook for up to date information.

The Divorce Industry and Courts say 'Caveat emptor' - Let the Buyer Beware

We have become fascinated by a variety of supposedly routine, signed formal agreements (or contracts) between Guardians ad litem (GALs) and consumers, which might be called "boilerplate" contracts.  These contracts are in writing, frequently follow a standard, stereotyped formula, and are widely used by GALs when they start to work with clients (parties) on a case.  More often than not, there is no effort made to fully inform those who sign such contracts about their downside.

Are these actions truly “contracts”, entered into willingly, with fully  informed consent between two or more parties, or is a “boilerplate” agreement a defective legal instrument that may endanger those who are forced to use it?  The very same boilerplate contract may be seen by legal authorities in two quite  different ways: (a) as a simple, legal, interpersonal agreement in which “ignorance of the law is no excuse”, and ‘caveat emptor’ applies? , or (b) a defective legal instrument foisted on an uninformed party with potential for significant personal harm (or a ‘tort’) involved?  The exact same contractual understanding can be seen by the legal profession as having two quite different legal points of view; a valid contract or a ‘tort’.

Very recently, there has been a great deal of public (and professional) interest in these "boilerplate" contracts that are cropping up in many industries.  They are especially common in the "divorce industry".  There is considerable debate whether they are valid contracts, because frequently those who sign these documents don't understand them, do not realize the full, potentially harmful consequences and may feel forced to agree without adequate debate, questioning or understanding of what they may be getting into.  This becomes painfully evident when those signing such an agreement realize only after the signing, as the contract plays out,  that they have agreed to actions which may be harmful to them or their interests. The client wakes up to the danger in the "contract" only after they have gotten into it, and is told, "Sorry, it's too late!" "You agreed, here's your signature!"  ‘Caveat emptor’!

The contractual issues that are getting a fresh look in some law schools are
(a) the marked inequality of knowledge of the parties to the contract.  Those who work in the legal profession usually have extensive training in the nature of contracts; the average consumer frequently has very limited knowledge of the nature or legal basis of contracts.
(b) There is no attempt on the part of those issuing the contract to obtain fully "informed consent" from the signer.  How may this contract work against you?   What are the unfavorable things that could happen?  How may you terminate it?  Are you agreeing to this "contract" with your eyes wide open?
(c) Can a "boilerplate contract" without  "informed consent" be considered a defective (or even harmful) consumer product that exploits the public and that can be harmful to those who "buy" it?  Some legal teachers are examining "boilerplate" as a "tort", or harm; rather than a dispute under contract law.  Does a "boilerplate" contract carry dangers to consumers that are similar to the dangers of being sold prescription drugs loaded with known side effects (and NO warning), or the sale of deliberately tainted food- also without warning?
(d) In divorce custody cases, as well as in other types of boilerplate contracts, such as with banks and other members of the "financial industry", the legal remedy of taking the contractor to court for either harm or violation of contract is disallowed by the boilerplate or other legal protections.  In divorce cases it is disallowed, because both GALs and judges who present and enforce contracts have "Judicial immunity".  In both situations it is a stacked deck against consumers.

For up to date information on Guardian ad litem reform please contact us at NationalGALalert@gmail.com or like us on Facebook. We welcome comments.

Additional information on boilerplate contracts we suggest reading the following book review published in the Wall Street Journal: "Boilerplate" by Margaret Jane Radin. Margaret Jane Radin is a law professor at the University of Michigan. The topic is highly relevant to the divorce industry and Guardians ad litem, Parental Coordinators and others subsidiaries of the divorce industry.

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

Sorry, GALs, the Days of Wine and Roses are Numbered

A plumber will pay $100 or more for their license. This same plumber needs 1 year of technical college and must pass a Journeyman Plumber exam. If you pass the test you must work under the supervision of a Master Plumber for 2000 hours to take a Master Plumbers exam.  The technical education and the supervised practice are to protect the public and to assure the  quality of plumbing professionals.

If you want to go lobstering you must pay $125 for the license and then it is .80 cents per tag. The potential Lobsterman has to be an apprentice for over 1000 hours to obtain the license.

In the State of Maine you have to have a license from one of the Administrative Branch  licensing boards if you are an Accountant, Doctor, Alcohol and Drug Counselor, Therapy Assistant, Oil and Solid Fuel Technician, Physical Therapist, Social Worker and more than 50 other professions.  These licenses are mandatory if you are to work in the specific profession. The government requiring a license for these professions means that as consumers we can rest assured that the professional person dealing with you has a minimum of training. That there is some form of  regulatory oversight of the occupation involved, because the trade or profession requires some type of specialized skill for the safety and well being of the public. Government and society have deemed that we do not want charlatans delivering  "free-for-all" services, and licensing with testing, continuing education requirements and periodic  license renewal is an accepted method of regulation and oversight. The board that grants the license is also the regulator .

Then there are the Guardians ad litem "professional". These "professionals" are "trained" for 16 hours. Unlike the other professions that have to be licensed the Guardian ad litem does not, nor are they tested on what they learned in the 16 hours. They do not have to apprentice under an experienced Guardian to learn the applied ropes of practice. Guardians ad litem do have continuing education requirements. While one would hope  that the courses for continuing education would be related to the work - from what we have seen this is not always the case. Unless bill collecting and practice management are considered essential technical courses for a Guardian ad litem. Maybe bill collecting is essential as the bills often put parents into bankruptcy.  Then, unlike other professionals  whose license are dependent on continuing education, Guardians ad litem in Maine can fulfill their continuing educational requirement through the Maine Guardian ad litem Institute (MEGALI). This is the  trade organization for the Guardians ad litem and an unregistered lobby for them.  We hear that it wants to be officially sanctioned to provide the required continuing educational experience. This trade organization has no oversight as an educational institution.  It simply decides what courses to market and sells them to members for continuing education credits.  No one supervises these courses, or evaluates their usefulness for job performance.   Without oversight they could hypothetically offer a course on the interior decoration of a Guardian ad litem's office, for 6 CME credits.

There is a very real need to have Guardians ad litem licensed by a professional board with experience in doing this - one with a consumer protection focus.  It should not be done through the Judiciary, which lacks experience in consumer protection and oversight. There is also a very real need to have the continuing education revamped and managed though a University or Community College. There is a desperate need to provide an educational experience that has substance and a job-related focus for people interested in becoming a Guardian ad litem. If Maine continues on the present course without change,  it is guaranteed that future Guardians ad litem will have continuing, severe issues and conflict with those they are supposed to be working for and with.

If you have had problems with a Guardian ad litem or want more information about the issues surrounding this profession please feel free to contact us at:
MeGALalert@gmail.com