Tindell v. Rogosheske
GAL has absolute immunity from claims arising from alleged negligent performance of duties.
GAL has absolute immunity from claims arising from alleged negligent performance of duties.
It was error for court to fail to appoint a GAL sua sponte where issue of paternity was raised post-judgment by motion to reopen.
State’s motive and role in commencement of paternity action does not make it the sole party in interest. A child has a strong interest in a determination on its paternity, although it may be contrary to the best interest of a child that its paternity be established. Thus, commencement of paternity action by GAL was appropriate.
GAL is advocate for child’s best interests – not for child’s wishes.
GAL is advocate for best interest of a child and is not a witness at trial.
GAL’s statements at oral argument are not evidence and not part of the record.
Both the legislature and the supreme court have authority to regulate GAL fees.
Interviewing minor children without consent of the GAL violated prohibition from communicating with party known to be represented by counsel.
Section 767.045(4) alone regulates appointment of a GAL and describes scope of representation for minor. Child not entitled to adversary counsel.
GAL has absolute quasi-judicial immunity from negligence liability for acts within the scope of that GAL’s exercise of his or her statutory responsibilities.