Rule 15.14 - GUARDIANS AD LITEM, CHILD REPRESENTATIVES, AND ATTORNEYS FOR CHILDREN(a) QUALIFICATIONS The 18th Judicial Circuit shall promulgate a list of attorneys who have been approved by this Court to act as Guardians ad Litem, Child Representatives, or Attorneys for Children. These Guardians ad Litem, Child Representatives, or Attorneys for Children, approved by the Chief Judge and the Presiding Judge of the Domestic Relations Division of the 18th Judicial Circuit, must file the required application, supply supporting documentation and meet the following criteria:
(1) Shall satisfactorily complete a Guardians ad Litem/Child Representatives/Attorneys for Children training program approved by the Court. In addition, the applicant must complete additional training as required by the Court from time to time, in accordance with Illinois Supreme Court Rule 906(c). Said training program shall consist of ten (10) hours in the two (2) years prior to the date the attorney qualifies for appointment in approved continuing legal education courses in the following areas: child development; roles of guardian ad litem and child representative; ethics in child custody or allocation of parental responsibilities cases; relevant substantive state, federal, and case law in custody or allocation of parental responsibilities and visitation or parenting time matters; family dynamics, including substance abuse, domestic abuse, and mental health issues.(2) Hold a valid license to practice law in the State of Illinois and be in good standing.(3) Maintain an office in DuPage County.(4) Shall serve at the discretion of the Presiding Judge.(5) Shall provide evidence of malpractice insurance in an amount as set by the Presiding Judge.(6) Shall agree to appointment as a Guardian ad Litem/Child Representative/Attorney for Child(ren) in at least one (1) reduced fee or pro bono cases per year as identified by the Court.(b) APPOINTMENT PROCEDURE (1) Upon the Court order appointing a Guardian ad Litem/Child Representative/Attorney for Child(ren), a Guardian ad Litem/Child Representative/Attorney for Child(ren) shall be selected by the court from the list of qualified Guardians ad Litem/Child Representatives/Attorneys for Children prepared by the Presiding Judge of the Domestic Relations Division.(2) The Court shall designate in its order what percentage of the retainer and hourly rates for the Guardian ad Litem/Child Representative/Attorney for Child(ren) should be paid by each party or whether the case should be considered a reduced fee or pro bono case.(3) The parties shall contact the Guardian ad Litem/Child Representative/Attorney for Child(ren) within two (2) days after the appointment order is signed for the purpose of adequate representation of any minor children to provide the Guardian ad Litem/Child Representative/Attorney for Child(ren) with all notices, pleadings, orders, and reports in the proceeding.(4) The Guardian Ad Litem/Child Representative/Attorney for the Child appointed in this cause shall promptly file his or her appearance on behalf of the minor child(ren).(5) During the proceeding, the Court may appoint an additional attorney to serve in another of the enumerated capacities on its own motion or on the motion of a party for good cause shown.(6) The Chief Judge and the Presiding Judge of the Domestic Relations division shall be responsible for administering the training program and insuring compliance with Illinois Supreme Court Rule 906.(7) An attorney approved to be appointed by the Court as a Guardian Ad Litem/Child Representative/Attorney for the Child under a training program approved in a different county or judicial circuit shall have reciprocity to participate in child custody or allocation of parental responsibilities and visitation or parenting time matters in all other counties and judicial circuits in the State of Illinois.(c) POWERS, DUTIES, AND RESPONSIBILITIES (1) The Guardian Ad Litem/Child Representative/Attorney for the Child shall have all the duties, powers, and authority defined for his/her role by Section 506 of the Illinois Marriage & Dissolution of Marriage Act, 750 ILCS 5/506.(2) The rights afforded to the Guardian Ad Litem/Child Representative/Attorney for the Child shall be as set forth by Illinois Supreme Court Rule.(3) The Guardian Ad Litem/Child Representative/Attorney for the Child is authorized to conduct such discovery as necessary and proper to fulfill his or her appointed role.(4) If appointed as such, the Attorney for the Child shall participate in the litigation as would the attorneys for the parties and shall be bound by the Illinois Rules of Professional Conduct.(5) If appointed as such, the Child Representative shall have the following rights and obligations: (i) To participate in the litigation as would the attorneys for the parties.(ii) To investigate the facts of the case and interview necessary parties.(iii) To advocate the best interests of the child.(iv) To promote settlement and the use of alternative dispute resolution.(v) To disclose the Child Representative's position in a pretrial memorandum.(vi) No party may cross-examine the Child Representative.(vii) The Child Representative shall be bound by the Illinois Rules of Professional Conduct.(6) If appointed as such, the Guardian ad Litem shall tender a written report to the Court, if so ordered. Further, the Guardian ad Litem shall make recommendations to the Court, if so ordered. As required by Illinois Supreme Court Rule 906, a Guardian ad Litem shall be bound by the Illinois Rules of Professional Conduct.(d) FEES Unless otherwise ordered by the Court at the time fees and costs are approved, all fees and costs payable to a Guardian Ad Litem/Child Representative/Attorney for the Child under Section 506 of the Illinois Marriage & Dissolution of Marriage Act are by implication deemed to be in the nature of support of the child and are within the exceptions to discharge in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 501 and 508 of the Illinois Marriage & Dissolution of Marriage Act shall apply to fees and costs for attorneys appointed under Section 506 of the Illinois Marriage & Dissolution of Marriage Act.
Ill. R. Cir. Ct. Dupage Cnty. 15.14