SCR CHAPTER 36
ELIGIBILITY FOR APPOINTMENT
SCR 36.01 Eligibility
to accept an appointment. Commencing on July 1, 2004, a lawyer may not
accept an appointment by a court as a guardian ad litem for an adult in an
action or proceeding under chs. 54 or 55, stats., unless any of the following
conditions have been met:
(1) The lawyer
has attended 30 hours of guardian ad litem education approved under SCR 36.03.
(2) The lawyer
has attended 6 hours of guardian ad litem education approved under SCR 36.03
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 adult.
SCR 36.02 Effect
of acceptance. A lawyer's acceptance of appointment as a guardian ad
litem for an adult in an action or proceeding under chs. 54 or 55, stats.,
constitutes the lawyer's representation to the appointing court that the lawyer
is eligible to accept the appointment under SCR 36.01 and is governed by SCR
20:3.3.
SCR 36.03 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 an
adult or on the subject matter of proceedings under chs. 54 or 55, stats., and
that are designed to increase the attendee's professional competence to act as
guardian ad litem for an adult in those proceedings. The board of bar examiners
may only approve courses of instruction or continuing legal education
activities that are conducted after January 1, 1995.
(2) The board of
bar examiners shall designate, under SCR 31.05 (3) and 31.07, the number
of hours applicable to SCR 36.01 (1) and (2) for each approved course
of instruction and continuing legal education activity.
(3) Approval of
a course of instruction or continuing legal education activity under
sub. (1) constitutes approval of that course or activity for purposes
of continuing legal education under SCR ch. 31.
(4) The
procedure for obtaining approval of courses of instruction and continuing legal
education activities is specified in SCR 31.08.
Adopted
January 8, 2004. Amended February 17, 2012.