3.1 The GAL Clarifies the Scope of the Appointment and Duties as Necessary
If the GAL is uncertain about the areas to be investigated or the GAL’s responsibilities, the GAL shall file a motion for clarification for hearing before the appointing judge with notice to counsel and pro se parties.
Commentary
A Category F investigative appointment should indicate that the GAL shall “investigate” certain issues, rather than “evaluate” the issues. If the order includes both mandates, the GAL should file a motion for clarification for hearing before the appointing judge with notice to counsel and any pro se party.
3.2. The GAL Determines Whether he or she has the Requisite Expertise and Competence in the Areas to be Investigated
If the GAL lacks the necessary experience, expertise or competence to conduct an investigation of the issues, the GAL shall decline the appointment.
3.3 The GAL Determines Whether the GAL’s Personal and Professional Schedule Permit a Timely Report
The GAL reviews the areas to be investigated and the tasks to be performed. If the GAL will not be able to complete a report by the designated deadline, the GAL shall promptly decline the appointment.
Commentary
If the GAL determines after commencement of the investigation that additional time will be needed to complete the investigation, the GAL may file a motion to extend the deadline with notice to counsel and any pro se party. The motion shall include a new proposed due date for the report so that the judge may determine whether the deadline should be extended or the appointment should be vacated.
3.4 The GAL Promptly Accepts or Rejects any Appointment
The GAL shall promptly accept or reject the appointment no later than twenty days after the GAL receives it, or earlier if requested by the court. The GAL accepts or rejects the appointment by returning the completed form to the court.