RULE 8. Guardian Ad Litem Registration

(a)      Registration Fee. Every guardian ad litem appearing on the Roster shall pay to the Review Board an annual registration fee each fiscal year in which the guardian ad litem appears on the Roster.

(b)      Registration Documents. Commencing July 1st each year, every guardian ad litem is required to complete, certify, and file registration documents, which shall be on forms prescribed by the Review Board, for each year the guardian appears on the Roster. Registration documents and payments received after August 31st will be assessed a late fee that shall not be waived. Registered guardians ad litem shall file with the Review Board a supplemental statement of any change in the information previously submitted within 30 days after the change.

         All persons who initially become subject to this Rule by appointment to the Roster after April 1st shall file the registration documents required by this Rule at the time of appointment, but no annual registration fee shall be payable until the next annual registration collection. Failure to register shall result in the issuance of a notice of administrative suspension pursuant Rule 8(e).

         Unless otherwise exempted, each guardian ad litem appointed to the Roster shall annually file with the Review Board:

(1)    Registration Statement. A registration statement setting forth the information stated in Rule 7(a)(8) and such other information as the Maine Supreme Judicial Court or the Review Board may direct.
(2)    Continuing Professional Education Report. A report of continuing professional education credit pursuant to Rule 10(b).

(c)      Receipt Demonstrating Compliance with Registration Filing. Within 30 days after the receipt of a guardian ad litem’s completed registration documents and payment of all fees, the Review Board shall acknowledge compliance with the annual registration requirements.

(d)      Administrative Suspension.

(1)    An administrative suspension shall not by itself subject a guardian ad litem to discipline. Board Counsel may, however, institute separate proceedings to determine whether discipline is appropriate.
(2)    Failure to File Registration Documents. Unless excused on grounds of financial hardship or for other good cause, a guardian ad litem who fails to submit the required completed registration documents under the provisions of Rule 8(b) or pay the required annual registration fee by August 31st shall be suspended from the Roster, if the Board provides notice of the suspension as required by Rule 8(e). The suspended guardian shall comply with the provisions of Rule 8(h).

(e)      Notice of Administrative Suspension. The Review Board shall serve the suspended guardian ad litem with notice of the administrative suspension. This notice shall not be effective until 30 days after the date on which it is mailed. A guardian ad litem who files the required registration documents and fee with the Review Board before the effective date of the suspension shall be deemed to be in compliance with this Rule and shall not be suspended for failure to comply with the obligations that led to the notice of suspension.

(f)      Reappointment Following Administrative Suspension. Any guardian ad litem suspended from the Roster under Rule 8(d)(2) may be reappointed if, within five years of the effective date of the suspension for nonpayment, the guardian ad litem remits to the Review Board a reappointment fee that shall not be waived, submits all required registration documents, and makes payment of all arrears.

         A guardian ad litem who has been administratively suspended must complete the continuing education requirements of Rule 10(a) for each year the guardian has been suspended, but need not complete more than 12 credit hours for that entire period of suspension, provided that at least two (2) credit hours are primarily concerned with ethics and professionalism education. Additionally, a guardian ad litem who has been suspended from the Roster within the previous five (5) years for non-compliance with the continuing professional education requirements of Rule 10(a) shall be assessed an additional reinstatement fee, as may be set by the Review Board.

         Any guardian ad litem who fails to seek reappointment within five years of the effective date of an administrative suspension shall be required to comply with the application procedure in Rule 2(b).

(g)      Reappointment Following a Leave of Absence. Any guardian ad litem on leave of absence from the Roster under Rule 2(b)(6) may be reappointed by the Chief Judge if the guardian ad litem demonstrates, to the satisfaction of the Chief Judge, adherence to the Chief Judge’s terms for the leave of absence. Otherwise, the guardian ad litem seeking reappointment to the Roster shall comply with the application procedure in Rule 2(b). In addition to all other requirements, a guardian ad litem seeking reappointment following a leave of absence shall remit to the Review Board a non-waivable reappointment fee and an arrearage registration payment equal to the total registration fees, not to exceed $500, that the guardian ad litem would have been obligated to pay to the Review Board had the guardian ad litem remained active on the Roster during the period of the leave of absence.

(h)      Required Actions of Guardians ad Litem Who Are Administratively Suspended or on Leave of Absence. A guardian ad litem who has been administratively suspended or who has taken a leave of absence shall comply with the requirements of Rule 9(m).


Reporter’s Notes

Rule 8 establishes and describes guardian ad litem registration requirements. It is based on and largely consistent with the requirements for lawyer registration with the Board of Overseers with the Bar in Maine Bar Rule 4.

The registration requirements in Maine Bar Rule 4 that are not transferable to guardians ad litem have not been included in Rule 8. These include Maine Bar Rule 4(a), (b)(3) to (4), (c), (e), (f), (l), and (m).