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    Wisconsin Lawyer
    February 01, 2002

    Legal News and Trends

    Wisconsin Lawyer
    Vol. 75, No. 2, February 2002

    Legal News & Trends

    Supreme Court issues final order on eligibility for appointment as guardian ad litem

    In November, the supreme court issued its final order, 01-07, creating new eligibility requirements for attorneys who accept appointments as guardian ad litems for minors under Wis. Stat. chapter 767.

    The petition, which was supported by the Family Law Section, was filed in April 2001 by the Joint Legislative Council. "The Family Law Section supported the Joint Legislative Council Special Committee's conclusion that attorneys practicing as guardians ad litem should receive ongoing relevant education in order to effectively represent the best interests of children in family law disputes," said Family Law Section Chair Cheryl Gemignani.

    The court orders that, effective July 1, 2003, a lawyer may not accept an appointment by a court as a guardian ad litem for a minor unless he or she has attended six hours of guardian ad litem education approved under SCR 35.03. At least three of the six hours shall be family court guardian ad litem education approved under SCR 35.03 (1m), unless the appointing court finds that the action or proceeding presents exceptional or unusual circumstances for which the lawyer is otherwise qualified by experience or expertise to represent the best interests of the minor.

    "The order also specifies the elements of guardian ad litem education that an attorney acting as a guardian ad litem in family court must receive," said Gemignani. "The rationale for this change is that, due to the level of conflict in family law cases for which a guardian ad litem is appointed, the committee concluded that a guardian ad litem with additional education in areas such as child development and family dynamics could better formulate a recommendation to serve a child's best interests."

    The Board of Bar Examiners (BBE) approves guardian ad litem education courses and continuing legal education activities on the following subject matter: proceedings under chapter 767 of the statutes; child development and the effects of conflict and divorce on children; mental health issues in divorcing families; the dynamics and impact of family violence; and sensitivity to various religious backgrounds, racial and ethnic heritages; and issues of cultural and socioeconomic diversity.

    The BBE will approve courses of instruction or continuing legal education activities that are conducted after June 1, 2002.

    State Law Library moves to new location, reinstates after-hours service

    State Law LibraryThe Wisconsin State Law Library moved to its new facility in the Risser Justice Center at 120 Martin Luther King, Jr. Blvd. in Madison in January.

    The State Law Library once again is offering after-hours service. Users of this service can access the State Law Library Monday - Friday from 6 a.m. to 8 a.m. and 5 p.m. to midnight, and Saturdays and Sundays from 6 a.m. to 10 p.m. When combined with the library's regular hours of 8 a.m. to 5 p.m. Monday through Friday, this is 122 hours per week of library access, in a facility with more space, new furnishings, and a comfortable study environment regardless of the season. After-hours users can access the public computer network, which provides free onsite access to the library catalog, Legal Resource Index to law review and journal article citations, Shepard's, LOIS, and the Internet.

    Risser Justice CenterThe cost of this service through Dec. 31, 2002, is $75, which includes a key tag to permit convenient entry into the library, eliminating the need to sign in for each after hours visit.

    For more information, contact Connie Von Der Heide, Reference/Outreach Services Librarian, at (608) 267-2202, (800) 322-9755, or wsll.state.wi.us.


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