Rule 8.15 - Guardian Ad Litem, Child Representative, Attorney for ChildA. Statement of Intent This rule sets forth the qualifications and appointment procedure for a guardian ad litem, a child representative, or an attorney for a child in a Domestic Relations division case. The presiding judge of the Domestic Relations division shall promulgate a list of approved attorneys who have met the minimum requirements for appointment in Will County. The list shall include current contact information for each attorney and the hourly rate to be charged by each attorney. Each list shall be updated, at a minimum, on an annual basis and shall be published on the websites of the Circuit Court and the Circuit Clerk.
B. Appointment A guardian ad litem, child representative, or attorney for a child may be appointed as authorized by statute (See 750 ILCS 5/506) and Supreme Court Rule 906. The attorney shall, at a minimum, meet all requirements set forth in this rule and any applicable statute.
C. Qualifications Prospective guardians ad litem, child representatives, and child attorneys must complete an application, available from the Office of the Chief Judge, and demonstrate compliance with the following criteria:
1. Each attorney shall be licensed and in good standing with the Illinois Supreme Court for a minimum of two years.2. Each attorney shall have in the two years prior to seeking approval for inclusion on Court's approved list completed 10 hours of an accredited education program created by a local or Illinois state bar association related to the following areas: child development; roles of a guardian ad litem and child representative; ethics in allocation of parenting time and parental responsibilities cases; relevant substantive state, federal, and case law in parental allocation matters; implicit bias; family dynamics, including substance abuse, domestic abuse, and mental health issues.3. On a biannual basis after approval, each attorney shall complete a minimum of 10 hours of a continuing legal education program(s) in approved child related courses.4. Each attorney shall hold malpractice insurance in the minimum amount of $500,000 or as otherwise set by the presiding judge of the family division.5. Each attorney shall agree to accept an appointment on at least one reduced-fee or pro bono case per year. Once an applicant is approved and added to the list of approved attorneys, they shall annually submit written certification of their continued compliance with the above criteria and upon request of the Chief Judge's Office, provide proof of same.
D. Appointment Procedure Upon the Court's order for the appointment of a guardian ad litem, child representative, or attorney for a child, the parties may jointly propose an agreed attorney from the approved list. The Court may, in its discretion, appoint the agreed attorney. Absent such approval, the Court shall select and appoint an attorney from the approved list.
1. The order appointing an attorney shall be in writing.2. The order shall expressly identify what issues are to be addressed by the attorney.3. The Court may, in its discretion, limit the scope of the appointment of guardian ad litem and direct the manner of the guardian ad litem's presentment of its findings and recommendations to the Court and the parties.4. The order shall identify the hourly rates of the appointed attorney.5 The order shall include a designated retainer fee for the appointed attorney.6. The order shall designate the percentage of the attorney's fee to be paid by each party, and, if applicable, whether the fee shall be reduced or deemed pro bono. The Court may order that the designated payment of fees be subject to reallocation between the parties.E. Miscellaneous Provisions 1. The attorney may not subsequently represent either party in the case.2. The attorney's records and work product are not subject to subpoena in any matter absent leave of Court.Ill. R. Cir. Ct. Will Cnty. 8.15
Effective 11/30/2015; Revised 10/1/2023.