As amended through September 23, 2024
Rule 5-3.28 - Probate Referral List for Guardians ad Litem and Court Appointed AttorneysA. The Probate Judge shall prepare a Probate Referral List of qualified Guardians ad Litem and attorneys accepting Court appointments in accordance with the Illinois Supreme Court Rules, the Illinois Probate Act and the provisions and standards set forth in this Rule in the interests of maintaining the highest levels of competence and professionalism. The Presiding Judge of the Civil Division shall review the Probate Referral List for approval and it shall then be submitted to the Chief Judge.B. The Chief Judge shall have the discretion to include or remove persons from the list at any time, or to waive any of the requirements of this Rule, when necessary to promote the highest standards of competency. An applicant denied inclusion on, or removed from the Probate Referral List, may appeal the decision in writing within ten days to the Chief Judge. The Chief Judge shall decide the appeal after an opportunity for the applicant or member to be heard. The decision of the Chief Judge shall be final. The Probate Referral List shall be reviewed in every odd numbered year.C. Any attorney who meets the following criteria is eligible to apply to serve as a Guardian ad Litem or a Court appointed attorney for a period of two years for the purposes of this Rule:1. Licensed to practice law in the State of Illinois and be in good standing with the Illinois Supreme Court.2. Experienced in the area of Minor and Disabled Persons Guardianship litigation.3. Provided proof of professional liability insurance, with satisfactory coverage for liability in the representation of Minors and Disabled Persons.4. Prior to the initial appointment to the list, attended three and a half hours of continuing legal education approved by the Chief Judge on the following topics:a. The role of Guardian ad Litem;b. Ethics in guardianship and probate cases;c. Relevant substantive state and federal statutory and case law in parental responsibility and parenting time matters, as well as disabled person guardianships and other probate matters;d. Child development and Elder issues;e. Family dynamics, including substance abuse, domestic abuse and mental health issues.5. After initial appointment, the attorney must attend at least seven hours of continuing legal education courses every two years in topics related to issues outlined above. The attorney shall provide proof of attendance by way of affidavit, of the specific course, seminar, or class attended to the Judge of the Probate Court at least thirty days prior to his or her two-year anniversary date of certification. Training offered by the Illinois State Bar Association, the Lake County Bar Association, the Nineteenth Judicial Circuit, other judicial circuits in the State of Illinois, or other organizations approved by the Chief Judge will qualify for continuing legal education credits required by this Rule.6. Attorneys appointed to participate in child custody and visitation matters must meet the additional qualifications delineated by Supreme Court Rule 906.7. Accept appointment as a Guardian ad Litem, or Court-appointed attorney in at least two cases per year on a pro bono basis, in families where the parties are indigent.D. All persons who meet the above requirements and are interested in acting as a Guardian ad Litem, or Attorney for Minors or alleged Disabled Persons shall complete the Nineteenth Judicial Circuit Application for Probate Court Appointments and provide proof by way of affidavit, supported by documentation of the aforesaid requirements.E. A Guardian ad Litem or Court appointed attorney shall file an Appearance and Answer and shall defend on behalf of the Minor or alleged Disabled Person.Ill. R. Cir. Ct. Lake Cnty. 5-3.28
Amended effective 10/24/2016.