SB228: Bill Text

LRB-2333/2

RPN:kaf:arm

1997 - 1998 LEGISLATURE

1997 Senate BILL 228

June 4, 1997 - Introduced by Senators Adelman and Huelsman, cosponsored by Representatives Vrakas, Murat, Green, R. Young, Gronemus, Cullen, Huber and Notestein. Referred to Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.

SB228,1,2 An Act to amend 757.48 (title); and to create 757.48 (5) of the statutes; relating to: immunity of guardians ad litem.

Analysis by the Legislative Reference Bureau

Under current law, all guardians ad litem (GALs) are required to be attorneys. Currently, as interpreted by the courts, an attorney acting in his or her professional capacity enjoys a qualified immunity to 3rd parties. Under qualified immunity, the attorney is immune from liability if the attorney pursues in good faith his or her client's interest on a matter fairly debatable in law. The qualified immunity does not apply if the attorney acts in a malicious, fraudulent or tortious manner that frustrates the administration of justice.

This bill does not change the requirement that all GALs be attorneys. The bill provides that the qualified immunity available to attorneys applies to GALs for liability to 3rd parties and to the ward of the guardian ad litem.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB228, s. 1 Section 1. 757.48 (title) of the statutes is amended to read:

SB228,1,4 757.48 (title) Guardian ad litem must be an attorney.

SB228, s. 2 Section 2. 757.48 (5) of the statutes is created to read:

SB228,2,4 757.48 (5) A guardian ad litem shall have qualified immunity from civil liability to 3rd parties or a ward for any acts or omissions performed while acting as a guardian ad litem.

SB228, s. 3 Section 3. Initial applicability.

SB228,2,8 (1) This act first applies to actions commenced on the effective date of this subsection and to any action commenced before the effective date of this subsection if all appellate rights in that action are not exhausted.

SB228,2,9 (End)