HomeMy WebLinkAboutPublic Works February 9 1999I WHATCOM COUNTY COUNCIL
2 Public Works and Capital Projects Committee
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4 February 9, 1999
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6 The meeting was called to order at 1:30 p.m. by Barbara Brenner, Council Member, in
7 the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
9 Also Present: Absent:
10 Tom Brown None
11 L. Ward Nelson
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13 COMMITTEE DISCUSSION
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15 1. DISCUSSION OF WHATCOM COUNTYS GUARDIAN AD LITEM SYSTEM
16 (AB99 -081)
17
18 Nelson questioned the intention of the committee's meeting. Brenner stated that her
19 intention is to do fact - finding. He requested a presentation by those who have brought forward
20 the concerns or have the chair address areas of concern.
21
22 Anne McBride, 5572 Guide Meridian, Bellingham, thanked the Committee for their
23 review of the program. There were concerns about abuse of power, over billing, lack of
24 accountability, and falsifying reports. There is a need to develop a separate grievance procedure
25 by the courts to deal with complaints. Senate Bill 5447 has been sponsored to deal with many of
26 these concerns. There needs to be training requirements, continuing education, a curriculum for
27 general understanding of malicious harassment and domestic violence red flags, understanding of
28 early childhood development and how children may act in a high risk environment.
29 Additionally, there should be a statewide tracking system listing guardians ad litem (GAL) who
30 have been removed and public disclosure of founded complaints on local GALS. The courts
31 need to know if a child is having a problem with a GAL. They can't forget about children who
32 have had a bad GAL. They need to develop a grievance procedure, and raise the standards. The
33 key is accountability.
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35 Hoag questioned how she would determine a complaint was founded. McBride
36 responded that either the judges would make that determination, or a panel separate from the
37 court system could make that determination and it would be kept on record. Many professionals
38 across the United States have raised concerns about the lack of accountability in the GAL
39 process
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41 Brenner questioned her opinion on changing the GAL selection process. McBride stated
42 that a client shouldn't have to pay more money for a second evaluation. The court is fully aware
43 of the problem.
44
45 Dawson asked for clarification on McBride's situation. McBride stated that the judge
46 allowed a second evaluation, for which she had to pay $7,000.
Public Works Committee, 2/9/99, Page 1
2 Dawson questioned whether it would be better to have volunteer guardians ad litem.
3 McBride stated that other similar programs seem to be working well. There has to be a separate
4 program that would oversee the guardian ad litem system.
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6 Susanne Magnason, P.O. Box 3265, Blaine, stated that N.F. Jackson explained that the
7 only training requirements for a Guardian ad litem are to check out a tape for 48 hours. She
8 questioned whether N.F. Jackson was overseeing the GAL program. Brenner responded that she
9 will be asking that question.
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11 Magnason stated that the County Charter says that Jackson's position is administrative,
12 not judicial.
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14 Karen Frakes, Senior Civil Deputy Prosecutor, stated that Jackson has several titles.
15 Some of those fall under the court's purview and some fall under the administrative purview.
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17 Sid Magnason stated that he is an educator and has concerns regarding the GAL program.
18 Their experience cost them over $40,000. He feels the interests of the child have been neglected.
19 Their GAL lied in court about his qualifications. He questioned the basis on which the court
20 determines qualifications of a GAL. It would be better to have someone outside of the court
21 decide on the guardian ad litem program. The lawyers know which GAL to choose for their
22 case, depending on the circumstances of the case.
23
24 Jeannie Chapin, 1501 22nd Street, Bellingham, stated that she has had problems with
25 GALs, but did not know where to make complaints about a GAL. She was not assigned a GAL
26 because her ex- husband would not fill out a financial report to determine who would pay for one.
27 Her husband committed suicide when he was supposed to have the children. Now a GAL has
28 been appointed to look after the estate, but the GAL is not looking out for the best interest of the
29 children. She has never been notified about her GAL activities and the GAL has only met once
30 in a year with the children. The executor of the estate wanted someone to represent the children,
31 because they are his only heirs. She questioned how one would get around a spouse who would
32 not fill out the financial forms and how the judges agree to the GALs request for payment when
33 the person paying was never notified of the hearing. The GAL appointed to her children did not
34 notifiy her of the hearing for his request for payment because he knew that she would protest his
35 over - billing.
36
37 Valerie MacNulty, 3229 Jerns Road, Sedro- Woolley, stated that the policies that cover
38 the GALs, are not comprehensive or updated. She questioned the level of policies that cover
39 GALs and also who helps the children.
40
41 Kathy Thomas, 5803 Giarde Lane, Bellingham, stated that the children need to have a
42 voice. The volunteer GAL programs in other areas are good programs, but they don't handle
43 custody cases. She is a member of the civil court group for the Domestic Violence Task Force.
44 She is familiar with the court system. They have been reviewing the guidelines of the GAL
45 system. They attempted to make training a guideline, but N.F. Jackson refused and stated that
46 her group that did the review did not have the authority to make the suggestion. The guidelines
Public Works Committee, 2/9/99, Page 2
I suggested that the GAL needs to have domestic violence training. The Domestic Violence
2 Commission may have that authority. She questioned where the guidelines were. In a custody
3 battle, it seems as if the parent with more money and power has more of an advantage in the
4 system. The GALS should not be biased in any way.
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6 Hoag questioned whether the Task Force is tied to the Commission. She stated that it
7 may be. They reviewed the guidelines a year ago and gave it to the court a year ago. She would
8 provide a copy of the guidelines to the committee.
9
10 Nelson stated that there are four areas of concern. One is the area of accountability. The
11 others were qualifications and training, disclosure of credentials, and an appeal mechanism.
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13 Steve Mura, Judge, stated that there is a lack of information.
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15 (Clerk's Note: End of tape one, side A.)
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17 Whatcom County has guidelines for the GALs. They are required to have experience in
18 childhood development, direct legal training, completion of an approved parent education
19 program, an approved pro se clinic or a legal processes curriculum, 30 hours of continuing legal
20 education every three years. These are well beyond the State standards. He has been on the
21 bench for six years and has never appointed a guardian ad litem. If there is a direct conflict in a
22 case, they appoint a GAL to help the court assess the credibility of the allegations and make
23 recommendations to the judge. The GAL does not represent either side or the children. They are
24 an aide to the judge. The attorney's are instructed to get together and see if the two sides can
25 agree on who will perform the guardian ad litem services. The attorney's always agree. They
26 can name a GAL from the list or someone off of the list, if they agree. Payment of the GAL is
27 by the parties if they are financially able. If the allegations are unfounded, the person making the
28 allegations may be assessed a higher portion of the fees. If the family cannot afford the GAL,
29 and the Court determines that one is necessary, then the County pays for the GAL. The County
30 has a contract for GALs. If a GAL is contracted with the County, they charge the contracted
31 rate. If they are an appointed GAL that is not contracted with the County, then the court
32 determines what they are paid.
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34 It has been requested that the County have an outside agency to review the performance
35 of guardians ad litem. The guardian is appointed by the judge to advise the judge. The selection,
36 discipline, and qualifications are strictly a judicial function. The County doesn't have an
37 authority to set up an outside agency. The court can do that. He doesn't believe that a panel of
38 five people can make a determination on a guardian any better than a judge can. If someone has
39 a complaint about what a guardian ad litem is doing in a case, then the procedure is to file a
40 motion in front of the court to raise that issue. The lawyer representing that complaining party
41 can call witnesses, put on testimony, and has a hearing on the allegation. The judge is then
42 responsible for deciding the issue. They can appeal the judge's decision to the Court of Appeals.
43 The judges meet weekly and discuss complaints. If they find that a GAL has acted improperly,
44 they have no hesitation to take them off the list.
45
Public Works Committee, 2/9/99, Page 3
I Dawson questioned whether it would cost to make the complaint. Mura stated that, if it is
2 connection with a case, it must be done within the case by filing a motion. If it is after a case is
3 final, then they can write to the Clerk of the Court. However, they are so understaffed, it is
4 difficult to respond to complaints.
5
6 Brenner questioned whether it would be helpful to the judges to set up a system to handle
7 these issues, with staff. Mura responded that it would be helpful if it was set up through the
8 courts.
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10 Brenner quoted RCW 26.12.175(2)(B), which addresses legislative authority to authorize
11 creation of a court appointed special advocate program. The Council does have the authority to
12 set up a program. Mura stated that is for a different issue. A court- appointed special advocate is
13 an advocate for someone. Guardians ad litem are advisors to the judge, they are not advocates
14 for the children other than recommending what is in the children's best interest. They are not
15 advocates for either side. An advocate represents the children. A lot of the guardian ad litem
16 duties could be done with a special advocate program.
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18 Brenner questioned when they are not looking for what is in the best interest of the child
19 and why they wouldn't use an advocate instead of a GAL. Mura stated that a GAL advocates for
20 what is in the best interest of the children, which is not necessarily the same as what the children
21 or the parents want. An advocate does what the client wants, not what may be in the best interest
22 of the children.
23
24 Nelson questioned whether the County's GAL do it for their livelihood. Mura stated that
25 he did not know.
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27 Nelson questioned whether it could be likely that a GAL would know the prejudices of
28 the judges. Mura stated that most GALS only come to the trial to testify. They don't stay for the
29 whole trial.
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31 Mura stated that the GAL system is working very well. There are hundreds of GALS that
32 they deal with per year. Anyone who has a complaint about a GAL should bring the complaint
33 to the judges.
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35 Hoag stated that the attorneys in a case are given a list of three names of potential
36 guardians ad litem. Each side gets to throw out a name from the list, determining who will be
37 the guardian. Who is placed on the list is determined at random. The clients chose from the
38 final list of three.
39
40 Hoag questioned whether Mura would agree that GALS are there to represent the child's
41 interests. Mura stated that they are there to advise the court on what is in the best interest of the
42 child.
43
44 Hoag questioned the legislation that sets up the guardian ad litem program and gives the
45 court its authority. Mura stated that the courts have had inherent authority. There is State
Public Works Committee, 2/9/99, Page 4
I legislation that spells out this and GAL qualifications. There are separation of power issues that
2 have not been addressed.
3
4 Hoag questioned whether there is any way county or State legislators can make
5 adjustments in the best interests of their constituents. Mura stated that any citizen is always free
6 to come to the branch of government for which they want a problem addressed. They are happy
7 to receive recommendations from people. His court is a State court. The County Council doesn't
8 supervise the court's functions. The courts supervise the County's function. An ordinance at the
9 County level would not have any authority.
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11 Brown stated that the gist of Mura's memo was for the County Council to stay out of the
12 court's business. Mura disagreed.
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14 Brown stated that if the County Council approves money for a program, then there needs
15 to be a method to review the effectiveness of the program. There is no ability to review the
16 program. Mura stated that the law requires expenditures, such as the public defender. The court
17 has the jurisdiction to order the County to spend the money, if it is required by law.
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19 Brown stated that there is an oversight committee active in Benton and Franklin counties.
20 Whatcom County courts seem to object to looking at any type of a similar program.
21
22 Brenner stated that, according to the State legislation, the County Council has the
23 authority to set up a system. She questioned whether there is any consideration of alterations to
24 the system. Mura stated that if anyone has a complaint, they should bring it to the judges.
25
26 Brenner stated that she wanted to see the specific requirements of a GAL. Mura stated
27 that Jackson could provide that information.
28
29 Brenner questioned whether there is any ongoing training requirement in the area of
30 domestic violence or early childhood development. Mura stated that Jackson could provide that
31 information.
32
33 Brenner questioned whether the parents have the right to demand the qualifications of a
34 specialist that is required by the courts. Mura stated that information is available.
35
36 Mura stated that the two sides would agree to the specialist.
37
38 Hoag questioned whether the court could give the qualifications of the guardians ad litem
39 to the people involved in a case when they make their GAL selection. Mura stated that anyone
40 who wants to look at the GAL qualification file can come to the court and look at it.
41
42 Hoag questioned whether there was a way to get around the person in a case who refused
43 to sign a financial statement. Mura stated that he would make a person sign it or send them to
44 court. They are handled by motions.
45
Public Works Committee, 2/9/99, Page 5
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Brenner questioned whether he would consider making changes if they can show that
there are problems in the system. Mura stated that the court will make changes themselves, not
at the direction of the County.
OTHER BUSINESS
ADJOURN
The meeting was adjourned at 3:00 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works Committee, 2/9/99, Page 6