ACADEMY ISSUES STANDARDS FOR REPRESENTING CHILDREN

It could be said of the American Academy of Matrimonial Lawyers' new pamphlet of "Standards for Attorneys and Guardians Ad Litem in Custody or Visitation Proceedings" that it does not accomplish a great deal because it does not attempt all that much: the scope of its chosen task was narrow and within that narrow scope the AAML has performed a useful service and made some important statements. The Academy assembled a very prestigious committee of true experts in custody litigation to arrive at these standards for (A) guardians ad litem and (B) that very different animal, counsel for the child. Their choice of Professor Martin Guggenheim of New York University Law School as Reporter could not have been better, given Professor Guggenheim's wise, humane, and occasionally heroic work in the areas of children's rights and parent's rights for the American Civil Liberties Union.

Those looking for a complete checklist of all the things a decent guardian ad litem should do will not find it here. However, the Standards Committee has carefully considered some of the great philosophical issues arising in this area, reviewed statutory and case law, and taken some very important positions on how counsel for children should be provided in custody and visitation disputes.

First, the Committee, emphasizes and sticks to a strict distinction between guardian ad litem and counsel for the child. They also take the position that courts should not routinely assign either one of these, and that guardians ad litem should not be required to be attorneys. They do recommend that a guardian ad litem should have some training in the representation of children.

A standard that many courts will not like is that which calls for judges to specify in writing in each case the tasks expected of a guardian ad litem or assigned counsel for the child. Guardians or counsel who do not get this written guidance are expected to ask for it.

The standards draw a distinction between "impaired" and "unimpaired" children, and then take the position that unless a child is "impaired," counsel for the child should represent that child as one would an unimpaired adult. The Committee also takes the position that if a guardian offers evidence or submits a report, he or she should be sworn as a witness and subject to cross-examination. The Committee will disappoint many judges by taking the position that a guardian should not make a closing argument or submit a memorandum to the court. The standards are presented in an attractive 45-page pamphlet, the full title of which is: Representing Children: Standards for Attorneys and Guardians Ad Litem in Custody or Visitation Proceedings. It can be ordered from AAML Fulfillment, P.O. Box 2170, Columbia, South Carolina 29202 at $10.00 per copy, which includes the shipping and handling, or by calling 1-800-422-6595 to order by credit card.