Ill. R. Cir. Ct. Lake Cnty. 4-3.07

As amended through September 23, 2024

Rule 4-3.07 - Appointment of Guardians Ad Litem, Child Representatives, and Attorneys for Children

A. The Presiding Judge of the Family Division shall prepare a list of qualified Guardians ad Litem, Child Representatives, and Attorneys for Children in accordance with the requirements of 750 ILCS 5/506 of the Illinois Marriage and Dissolution of Marriage Act, Illinois Supreme Court Rules and the provisions and standards set forth in this Rule in the interests of maintaining the highest levels of competence and professionalism. The list shall be referred to as the 506 Referral List and shall be submitted to the Chief Judge, who shall have the discretion to include or remove persons from the 506 Referral List at any time, or to waive any of the requirements of this Rule, when necessary to promote the highest standards of competency.

B. Membership on the 506 Referral List shall be by approval of the Chief Judge.

C. An applicant denied inclusion on, or removed from the 506 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 list shall be reviewed in every even numbered year.

D. Any attorney who meets the following criteria is eligible to apply to serve as a Guardian ad Litem, Child Representative, or Attorney for a Child for the purposes of this Rule:

1. Have a license to practice law in the State of Illinois and be in good standing with the Illinois Supreme Court.

2. Have experience in the area of child custody litigation.

3. Provide proof of professional liability insurance, with satisfactory coverage for liability in the representation of children.

4. Prior to the initial appointment to the 506 Referral List, attend ten hours of continuing legal education approved by the Chief Judge on the following topics:

a. The roles of Guardian Ad Litem and child representatives;

b. Ethics in child custody cases;

c. Relevant substantive state and federal statutory and case law in custody and visitation matters;

d. Child development;

e. Family dynamics, including substance abuse, domestic abuse and mental health issues.

5. Attend at least ten hours of continuing legal education courses every two years in child custody-related topics. The attorney shall be responsible to provide proof of attendance by way of affidavit, of the specific course, seminar, or class attended to the Presiding Judge of the Family Division 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. Accept appointment as a Guardian ad Litem, a Child Representative, or an Attorney for the Child in at least two cases per year on a pro bono basis, in families where the parties are indigent.

E. All attorneys who meet the above requirements and are interested in Court appointments to serve as a Guardian ad Litem, a Child Representative or an Attorney for Children shall complete the Nineteenth Judicial Circuit Child Representative/Guardian ad Litem/Attorney for the Child Application and provide proof by way of affidavit, supported by documentation of the aforesaid requirements, to the Presiding Judge of the Family Division, or to the person otherwise designated by the Chief Judge.

F. Any attorney who is appointed as a Child Representative, Guardian ad Litem or Attorney for a minor child shall perform the following minimum duties and responsibilities:

1. Adhere to all ethical rules governing attorneys in professional practice, be mindful of any conflicts in the representation of children and take appropriate action to address such conflicts.

2. Interview his or her client(s) without any limitation or impediment or if the child is too young to be interviewed, observe the child.

3. Take reasonable steps to obtain all information pertaining to issues affecting the child, including interviewing family members and others possessing special knowledge of the child's circumstances.

4. Take whatever reasonable steps necessary to determine what services the family needs to address the dispute, make appropriate recommendations to the parties and seek appropriate relief in court, if required, in order to serve the best interest of the child.

5. Determine whether a settlement of the dispute can be achieved by agreement, and to the extent feasible, shall attempt to resolve such disputes by an agreement that serves the best interest of the child.

G. The requirements of this Rule apply to representation of children in Guardianship Proceedings under the Illinois Probate Act as well as proceedings under the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act.

Ill. R. Cir. Ct. Lake Cnty. 4-3.07