SCR CHAPTER 35
ELIGIBILITY FOR APPOINTMENT
AS GUARDIAN AD LITEM FOR A
MINOR
SCR 35.01 Eligibility
to accept an appointment. Commencing on July 1, 1999, a lawyer may not
accept an appointment by a court as a guardian ad litem for a minor in an
action or proceeding under chapter 48 or 938 of the statutes unless one of the
following conditions has been met:
(1)
The lawyer has attended 30 hours of guardian ad litem education approved
under SCR 35.03.
(2) The lawyer
has attended 6 hours of guardian ad litem education approved under SCR 35.03
during the combined current reporting period specified in SCR 31.01(7) at the
time he or she accepts an appointment and the immediately preceding reporting
period.
(3) The appointing court has made a finding in writing or on the record that the action or proceeding presents exceptional or unusual circumstances for which the lawyer is otherwise qualified by experience or expertise to represent the best interests of the minor.
35.015 Eligibility to accept an appointment. Commencing on July 1, 2003, a lawyer may not accept an
appointment by a court as a guardian ad litem for a minor in an action or
proceeding under chapter 767 of the statutes unless one of the following
conditions has been met:
(1) The lawyer has attended 6 hours of guardian ad
litem education approved under SCR 35.03 during the combined current reporting
period specified in SCR 31.01 (7) at the time he or she accepts an appointment
and the immediately preceding reporting period. At least 3 of the 6 hours shall be family court guardian ad litem
education approved under SCR 35.03 (1m).
(2) The appointing court has made a finding in writing
or on the record that the action or proceeding presents exceptional or unusual
circumstances for which the lawyer is otherwise qualified by experience or
expertise to represent the best interests of the minor.
SCR 35.02 Effect of acceptance. A lawyer’s acceptance of appointment as
a guardian ad litem for a minor in an action or proceeding under chapter 48,
767, or 938 of the statutes constitutes the lawyer’s representation to the
appointing court that the lawyer is eligible to accept the appointment under
SCR 35.01 or 25.015, whichever is applicable, and is governed by SCR 20:3.3.
SCR 35.03 Approval of guardian ad litem education.
(1)
The board of bar examiners shall approve courses of instruction at a law
school in this state and continuing legal education activities that the board
determines to be on the subject of the role and responsibilities of a guardian
ad litem for a minor or on the subject matter of proceedings under chapter 48,
767 or 938 of the statutes and that are designed to increase the attendee’s
professional competence to act as guardian ad litem for a minor in those
proceedings.
(1m) (a) The board of bar examiners shall approve, as
family court guardian ad litem education, courses of instruction at a law
school in this state and continuing legal education activities that the board
determines to be on any of the following subject matters:
1.
Proceedings
under chapter 767 of the statutes.
2.
Child
development and the effects of conflict and divorce on children.
3.
Mental
health issues in divorcing families.
4.
The
dynamics and impact of family violence.
5.
Sensitivity
to various religious backgrounds, racial and ethnic heritages, and issues of
cultural and socioeconomic diversity.
(b) The board
of bar examiners may only approve courses of instruction or continuing legal
education activities that are conducted after June 1, 2002.
(2)
The board of bar examiners shall designate, under SCR 31.05(3) and 31.07, the
number of hours applicable to SCR 35.01(1) and (2) and 35.015 (1) for each
approved course of instruction and continuing legal education activity.
(3) Approval of a course of
instruction or continuing legal education activity under subs. (1) and (1m)
constitutes approval of that course or activity for purposes of continuing
legal education under SCR chapter 31.
(4) The procedure for obtaining
approval of courses of instruction and continuing legal education activities is
specified in SCR 31.08.
Adopted April 17, 1997. Amended December 14, 2001.