Section Gal 503.06 - Disclosures, Conflicts of Interest and Appearances of Impropriety(a) A guardian ad litem who is aware that he or she possesses a prior acquaintance of any type, including but not limited to a professional, personal, or financial relationship, with any party in a case, shall: (1) At or before the time of appointment, disclose such fact to the parties and the appointing court, either orally or in writing; and(2) If such an acquaintance becomes known only after appointment, immediately disclose such fact to the parties and the appointing court, either orally or in writing.(b) A guardian ad litem shall:(1) Seek to decline appointment in a proceeding where he or she has a present or prior personal, professional, business or legal relationship with any party involved in the proceeding that the guardian reasonably believes would adversely impact upon his or her ability to perform the functions of a guardian ad litem in accordance with these rules and in accordance with any requirements of the appointing court; and(2) If a relationship described in (a) (1) above arises after appointment, advise the court of the existence of such a relationship and seek an order regarding whether or not he or she must withdraw.(c) If it is alleged by a party to any proceeding in which a guardian ad litem is appointed that the guardian ad litem has failed to disclose any present or prior acquaintance of any type that impacts upon his or her objectivity, or upon his or her ability to perform the functions of a guardian ad litem in accordance with these rules or in accordance with requirements of the appointing court, the guardian ad litem shall:(1) Inform the appointing court that the allegation has been made; and(2) Respond either orally or in writing to the appointing court and to all parties regarding the nature of the present or prior acquaintance, if any.(d) A guardian ad litem shall immediately disclose to the appointing court and to the board the existence of any civil, equity or other writ or petition, or criminal charge, of which he or she is aware alleging that any of the following persons have engaged in child abuse or neglect, as that term is used within the meaning of RSA 169-C, or that any of the following persons have engaged in adult abuse, as that term is used within the meaning of RSA 161-F:(1) The guardian ad litem him or herself;(2) The guardian ad litem's spouse;(3) The parent or guardian of a child of the guardian ad litem where the child is the alleged victim; or(4) Any person with whom the guardian ad litem resides.(e) Unless otherwise allowed by the appointing court after disclosure by the guardian ad litem, no guardian ad litem shall serve on any case if a civil, equity or other writ or petition, or criminal charge, of child abuse or neglect, or adult abuse in violation of RSA 161-F, is pending against him or her.(f) If a guardian ad litem is a party to any case in a specific court, other than in his or her capacity as a guardian ad litem, he or she shall not serve as a guardian ad litem in that specific court unless:(1) He or she immediately discloses to the judge making the appointment that he or she is a party to a case in the specific court, as well as the name and nature of any such case and requests direction from the appointing court as to service or continued service as a guardian ad litem; and(2) After such disclosure, the judge appoints the person to serve as a guardian ad litem, or consents to the person's continued service as a guardian ad litem, provided that during the pendency of any decision by the appointing court as to continued service, the guardian ad litem may continue to serve.(g) No person shall serve as a guardian ad litem if that person is a party to a pending, contested matter, other than in his or her capacity as a guardian ad litem, involving issues of fact or law similar to, or the same as, those that may be raised in a case to which the person may be appointed as guardian ad litem unless: (1) He or she immediately discloses to the judge making the appointment that he or she is a party to the pending, contested matter involving issues of fact or law similar to, or the same as, those that might be raised in a case to which the person might be appointed as guardian ad litem, as well as the name and nature of any such case and requests direction from the appointing court as to service or continued service as a guardian ad litem; and(2) After such disclosure, the judge appoints the person to serve as a guardian ad litem, or consents to the person's continued service as a guardian ad litem, provided that during the pendency of any decision by the appointing court as to continued service, the guardian ad litem may continue to serve.(h) Whenever a guardian ad litem is, or becomes, a party, except solely by virtue of his or her appointment as a guardian ad litem, to any proceeding in any court, regardless of the capacity in which he or she is named as a party, the guardian ad litem shall immediately notify the following authorities of the existence of the case, describing the nature of the case in such notification:(1) The appointing court;(2) The administrative judge designated under New Hampshire supreme court rule 54 for each court in which the person is serving as a guardian ad litem, or, if the guardian ad litem is appearing before the supreme court, the clerk of the supreme court; and(i) A guardian ad litem shall not serve in a case if he or she has any financial relationship with any counsel on the case or any material witness unless: (1) He or she immediately discloses to the judge making the appointment that he or she has such a financial relationship, as well as the nature of any such relationship and requests direction from the appointing court as to service or continued service as a guardian ad litem; and(2) After such disclosure, the judge appoints the person to serve as a guardian ad litem, or consents to the person's continued service as a guardian ad litem provided that during the pendency of any decision by the appointing court as to continued service, the guardian ad litem may continue to serve.N.H. Code Admin. R. Gal 503.06
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.