CHAPTER SCR 35
ELIGIBILITY FOR APPOINTMENT AS GUARDIAN AD LITEM FOR A MINOR
SCR 35.01   Eligibility to accept an appointment.
SCR 35.015   Eligibility to accept an appointment.
SCR 35.02   Effect of acceptance.
SCR 35.03   Approval of guardian ad litem education.
SCR 35 Note Note: SCR Chapter 35 was created April 17, 1997; amended July 1, 2003.
35.01 SCR 35.01 Eligibility to accept an appointment. Commencing on July 1, 1999, a lawyer may not accept an appointment by a court as a guardian ad litem for a minor in an action or proceeding under chapter 48 or 938 of the statutes unless one of the following conditions has been met:
35.01(1) (1) The lawyer has attended 30 hours of guardian ad litem education approved under SCR 35.03.
35.01(2) (2) The lawyer has attended 6 hours of guardian ad litem education approved under SCR 35.03 during the combined current reporting period specified in SCR 31.01 (7) at the time he or she accepts an appointment and the immediately preceding reporting period.
35.01(3) (3) The appointing court has made a finding in writing or on the record 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.
SCR 35.01 History History: Sup. Ct. Order No. 96-13, 208 Wis. 2d xvii (1997); Sup. Ct. Order No. 01-07, 2001 WI 133, filed 12-14-01, eff. 7-1-03.
35.015 SCR 35.015 Eligibility to accept an appointment. Commencing on July 1, 2003, a lawyer may not accept an appointment by a court as a guardian ad litem for a minor in an action or proceeding under chapter 767 of the statutes unless one of the following conditions has been met:
35.015(1) (1) The lawyer has attended 6 hours of guardian ad litem education approved under SCR 35.03 during the combined current reporting period specified in SCR 31.01 (7) at the time he or she accepts an appointment and the immediately preceding reporting period. At least 3 of the 6 hours shall be family court guardian ad litem education approved under SCR 35.03 (1m).
35.015(2) (2) The appointing court has made a finding in writing or on the record 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.
SCR 35.015 History History: Sup. Ct. Order No. 01-07, 2001 WI 133, filed 12-14-01, eff. 7-1-03.
35.02 SCR 35.02 Effect of acceptance. A lawyer's acceptance of appointment as a guardian ad litem for a minor in an action or proceeding under chapter 48, 767, or 938 of the statutes constitutes the lawyer's representation to the appointing court that the lawyer is eligible to accept the appointment under SCR 35.01 or 35.015, whichever is applicable, and is governed by SCR 20:3.3.
SCR 35.02 History History: Sup. Ct. Order No. 96-13, 208 Wis. 2d xvii (1997); Sup. Ct. Order No. 01-07, 2001 WI 133, 248 Wis. 2d xiii.
35.03 SCR 35.03 Approval of guardian ad litem education.
35.03(1)(1) The board of bar examiners shall approve courses of instruction at a law school in this state and continuing legal education activities that the board determines to be on the subject of the role and responsibilities of a guardian ad litem for a minor or on the subject matter of proceedings under chapter 48, 767, or 938 of the statutes and that are designed to increase the attendee's professional competence to act as guardian ad litem for a minor in those proceedings.
35.03(1m) (1m)
35.03(1m)(a)(a) The board of bar examiners shall approve, as family court guardian ad litem education, courses of instruction at a law school in this state and continuing legal education activities that the board determines to be on any of the following subject matters:
35.03(1m)(a)1. 1. Proceedings under chapter 767 of the statutes.
35.03(1m)(a)2. 2. Child development and the effects of conflict and divorce on children.
35.03(1m)(a)3. 3. Mental health issues in divorcing families.
35.03(1m)(a)4. 4. The dynamics and impact of family violence.
35.03(1m)(a)5. 5. Sensitivity to various religious backgrounds, racial and ethnic heritages, and issues of cultural and socioeconomic diversity.
35.03(1m)(b) (b) The board of bar examiners may only approve courses of instruction or continuing legal education activities that are conducted after June 1, 2002.
35.03(2) (2) The board of bar examiners shall designate, under SCR 31.05 (3) and 31.07, the number of hours applicable to SCR 35.01 (1) and (2) and 35.015 (1) for each approved course of instruction and continuing legal education activity.
35.03(3) (3) Approval of a course of instruction or continuing legal education activity under subs. (1) and (1m) constitutes approval of that course or activity for purposes of continuing legal education under SCR chapter 31.
35.03(4) (4) The procedure for obtaining approval of courses of instruction and continuing legal education activities is specified in SCR 31.08.
SCR 35.03 History History: Sup. Ct. Order No. 96-13, 208 Wis. 2d xvii (1997); Sup. Ct. Order No. 01-07, 2001 WI 133, filed 12-14-01, eff. 7-1-03.
Loading...
Loading...
Wisconsin Supreme Court Rules updated by the Legislative Reference Bureau. Current through all Supreme Court Orders entered before July 4, 2017. Report errors at (608) 266-3561, FAX 264-6948.