How to Become a Guardian ad Litem in Wisconsin: Qualifications & Requirements

Wisconsin attorneys must meet specific licensing, education, and training requirements to serve as guardians ad litem (GALs). The requirements vary depending on the type of case and whether the GAL is appointed in a matter involving a minor or an adult. Here is what attorneys need to know about becoming eligible for guardian ad litem appointments in Wisconsin.

TL;DR Summary of Qualifications to be a Guardian ad litem in Wisconsin

• A Guardian ad Litem (GAL) is a court-appointed attorney who advocates for a child’s best interests in a legal case, which may differ from the child’s stated wishes.
• To qualify, attorneys must be licensed in Wisconsin, complete specific ongoing legal training in family law, and have no conflicts of interest in the case.
• Courts appoint qualified attorneys to serve as GALs, and counties may maintain lists of attorneys who meet the applicable requirements and are available for appointment.
• GALs have legal immunity from negligence lawsuits and cannot be called as witnesses; instead, they present their findings to the court through evidence, like any other attorney.

Requirements to Become a Guardian ad Litem in Wisconsin

To become a guardian ad litem in Wisconsin, you must be an attorney licensed to practice law in Wisconsin and complete the required guardian ad litem education and continuing legal education (CLE) for the type of cases you want to handle. Wisconsin Supreme Court Rules establish different training requirements for GAL appointments involving minors and adults.

Steps to Qualify as a Guardian ad Litem in Wisconsin

The specific requirements depend on the type of case. In general, an attorney seeking GAL appointments should:

1. Be licensed to practice law in Wisconsin. A guardian ad litem must be an attorney admitted to practice in the state.
2. Complete the required guardian ad litem education. SCR 35 establishes education requirements for GAL appointments involving minors, while SCR 36 applies to certain proceedings involving adults.
3. Meet the requirements for the specific type of case. Family court, juvenile, children’s court, adult guardianship, and protective placement cases can have different GAL education requirements.
4. Meet applicable local court requirements. Wisconsin counties may have additional requirements for attorneys seeking GAL appointments, and local courts may maintain lists of attorneys who are qualified and available to accept appointments.

Once an attorney satisfies the applicable requirements, the attorney may be eligible to accept an appointment from a Wisconsin court as a guardian ad litem.

What Training Is Required to Become a Guardian ad Litem in Wisconsin?

Supreme Court rule 35.01 deals with that issue as well:

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:
(1) The lawyer has attended 30 hours of guardian ad litem education approved under SCR 35.03.
(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 the lawyer accepts an appointment and the immediately preceding reporting period.
(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.”

Guardian ad Litem Training Requirements for Wisconsin Family Law Cases

There are specific education requirements for guardians ad litem serving in Wisconsin family law cases under Chapter 767. Under Wisconsin Supreme Court Rule 35.015, for a lawyer’s first guardian ad litem appointment commencing on or after January 1, 2021, the lawyer must have completed at least 9 hours of approved guardian ad litem education during the applicable combined reporting periods.

The 9 hours of education must include at least 3 hours addressing family violence and at least 3 additional hours covering approved family court guardian ad litem topics identified under SCR 35.03(1m)(a). The remaining 3 hours may consist of other approved guardian ad litem or family court guardian ad litem education.

What Do These Guardian ad Litem Training Requirements Mean?

Wisconsin lawyers must complete continuing legal education (CLE) requirements to maintain their law licenses, but attorneys who want to serve as guardians ad litem have additional education requirements. For a lawyer’s first GAL appointment under Chapter 767 commencing on or after January 1, 2021, the lawyer must satisfy the 9-hour guardian ad litem education requirement under SCR 35.015.

After satisfying the initial education requirement, an attorney must continue to meet the applicable ongoing guardian ad litem education requirements to remain eligible for subsequent appointments. These requirements help ensure that attorneys serving as guardians ad litem receive training in important areas affecting Wisconsin families, including family violence and other family court issues.

Sec. 767.045 (4) defines the role of the guardian ad litem in Wisconsin. “The guardian ad litem must be an advocate for the best interest of a minor child as to paternity, legal custody, physical placement and support. The guardian ad litem must function independently, in the same manner as an attorney for a party to the action, and must consider, but is not bound by, the wishes of the minor child or the positions of others as to the best interests of the minor child. The guardian ad litem must consider the factors under the custody statute, and any custody studies.

The guardian ad litem shall review and comment to the court on any mediation agreement and stipulation made. Unless the child otherwise requests, the guardian ad litem must communicate to the court the wishes of the child as to the child’s legal custody or physical placement. The guardian ad litem has none of the rights or duties of a general guardian.

A guardian ad litem appointed under s. 767.407, may not be called as a witness in a custody proceeding and therefore may not be cross-examined. A guardian ad litem functions as an attorney. The guardian ad litem is required to communicate with the court in the same manner as a lawyer for a party would and present information through the presentation of evidence. A guardian ad litem appointed by a circuit court under s. 767.407 is absolutely immune from negligence liability for acts within the scope of that guardian ad litem’s exercise of statutory responsibilities.

A guardian ad litem must be an attorney admitted to practice law in Wisconsin. No person who is an interested party in a proceeding, appears as counsel in a proceeding on behalf of any party or is a relative or representative of an interested party may be appointed guardian ad litem in that proceeding.

Guardian ad Litem Training Requirements for Adult Cases

Wisconsin has separate training requirements for attorneys who want to serve as guardians ad litem for adults. Under Wisconsin Supreme Court Rule Chapter 36, attorneys accepting certain GAL appointments involving adults must meet specific education requirements related to adult guardianship and protective placement matters. These requirements are separate from the SCR 35 requirements that apply to GAL appointments involving minors.

Supreme Court Rule 20:4.5 Guardians ad litem reads as follows:

“A lawyer appointed to act as guardian ad litem or as an attorney for the best interests of an individual represents, and shall act in, the individual’s best interests, even if doing so is contrary to the individual’s wishes. A lawyer so appointed shall comply with the Rules of Professional Conduct that are consistent with the lawyer’s role in representing the best interests of the individual rather than the individual personally.”

The footnote to the rule reads as follows: “This rule expressly recognizes that a lawyer who represents the best interests of an individual does not have a client in the traditional sense but must comply with the Rules of Professional Conduct to the extent the rules apply.”

Where does the Court Find the Guardian ad Litem?

After the applicable qualification and training requirements have been satisfied, local courts may maintain lists of attorneys who are qualified and available to accept guardian ad litem appointments. The procedures for selecting and appointing GALs can vary by county and court.

The guardian ad litem serves an extremely important role in being an advocate for the best interests of a minor child where custody or placement is disputed. If you have questions about what not to say to a guardian ad litem during your case or about the role of the guardian ad litem in Wisconsin, feel free to contact the experienced family lawyers and divorce attorney Wauwatosa at Karp & Iancu, S.C. today.