System-wide Guardian Ad Litem Application, Certification and Practice Rules

The following rules are established pursuant to the supreme court rulemaking authority under the New Hampshire Constitution, part II, article 73-a and the authority conferred under RSA 490:26-e.  The court incorporates hereby by reference the rules adopted by the New Hampshire Guardian Ad Litem Board pursuant to RSA chapter 490-C in regard to the certification, qualifications, training, standards, oversight and decertification of Guardians ad Litem.  References to the district court shall be deemed to include the circuit court – district division; references to the probate court shall be deemed to include the circuit court – probate division; and references to the judicial branch family division shall be deemed to include the circuit court – family division.

[Editor's Note:  The administrative rules adopted by the New Hampshire Guardian ad Litem Board can be viewed on the Guardian ad Litem Board's website: https://www.oplc.nh.gov/guardian-ad-litem-laws-and-rules]

Except in special circumstances as determined by the court, no person shall be appointed as a Guardian ad Litem unless he or she is certified by the New Hampshire Guardian ad Litem Board.
 

(a)  The Guardian ad Litem serves at the pleasure of the court.  The Guardian ad Litem's appointment may be terminated at any time.

(b)  The Guardian ad Litem shall report to the respective Chief Justice of the Superior Court or Administrative Judge of the District, Probate or Family Division courts any time the Guardian ad Litem becomes a litigant in any case in the respective level of court.

(a)  The Guardian ad Litem shall be the representative for and of the best interest of the child or represented person.  All rules, regulations, and standing orders of the superior, district, probate and family division courts shall ordinarily apply to Guardians ad Litem.

(b)  The Guardian ad Litem serves as an officer of the court and shall have such standing and make such accountability in the proceedings as the court deems appropriate.

(a)  The Guardian ad Litem may be called as a witness in the proceeding by either party or at the request of the court.

(b)  The parties may agree to accept the Guardian ad Litem's report and to limit a Guardian ad Litem's role so that the Guardian ad Litem may not be called as a witness except upon order of the court.

A Guardian ad Litem shall not issue or obtain the issuance of a subpoena without good cause.

A Guardian ad Litem shall not solicit employment from an individual. The terms "solicit" and "solicitation" include contact in person, by telephone, or telegraph, by letter or other writing, or by other communication directed to a specific recipient who is so situated that the recipient might in general find the services useful.  Provided, however, that nothing in this rule shall be construed to prohibit the general advertising of services.

A Guardian ad Litem may communicate the fact that the Guardian ad Litem has certain areas of expertise. A Guardian ad Litem may communicate that the Guardian ad Litem has passed the training course required by the New Hampshire Guardian ad Litem Board and has been certified by the New Hampshire Guardian ad Litem Board to serve. The Guardian ad Litem may set forth his or her educational background and professional certifications, if any.

(a)  A Guardian ad Litem shall make no public statements relating to pending cases.

(b)  A Guardian ad Litem shall maintain the integrity of the judicial process.

(a)  In the event that either party to an action shall appeal the decision of the Master or of a Justice to the Supreme Court, the Guardian ad Litem may, in his/her discretion or upon order of the court, participate in said appeal if it is determined by the Guardian ad Litem, Master or Justice that the issues appealed substantially affect the child or represented person.

(b)  The Guardian ad Litem may initiate an appeal to the Supreme Court on behalf of the child or represented person in the event that the Guardian ad Litem shall determine that issues exist which are adverse to the child or represented person and which substantially affect the child's or represented person's interests.

(c)  In the event of an appeal by other parties to the action, the Guardian ad Litem should examine the Notice of Appeal to determine if issues exist which may require that a brief be filed by the Guardian ad Litem.  If such issues exist, the Guardian ad Litem shall promptly file a motion seeking leave of the Supreme Court to file the brief after the Guardian ad Litem has had sufficient time to examine the briefs of both parties.  A specific period of time shall be specified in the motion.

(d)  The Guardian ad Litem may participate in any appeal even though the Guardian ad Litem may have been called upon to testify in underlying hearings.  Counsel will not be retained to represent the Guardian ad Litem on appeal except upon approval of the trial court upon petition by the Guardian ad Litem.  The Justice ruling upon the petition may establish any conditions he/she may deem appropriate and will determine chargeability for additional counsel fees.

(e)  The fees of the Guardian ad Litem upon appeal shall be paid in accordance with the ruling set forth in the underlying action, unless upon request of any party, the trial court shall order otherwise.