Citing a 2001 opinion, the audit said if the question of the program's placement came up in a future case, "it appears very possible that the court will find the current program to be a violation of the separation of powers."

That insulation has prompted critics of the state child welfare system to assert the office is unchecked and in "league" with the state agencies assigned to investigate child abuse rather than fulfilling its duty to represent children.

"Neutrality is not there, fairness is not there," Christensen told the committee.

The audit recommended a number of possibilities to solve that problem, including housing the agency within the executive branch or appointing an independent board that would still answer to the Judicial Council, but have direct oversight of the office.

State Court Administrator Dan Becker told committee members that such a board will be in place within a month to address immediate concerns.

Lawmakers also followed the recommendations of the audit and voted to study the oversight structure of the office during interim to solve the problem long term.

Even as Becker and others are working to answer the questions raised in this latest audit, the courts are the subject of a new probe approved Thursday that will look at technology purchasing practices made by the courts.

---

E-mail: amyjoi@desnews.com