Panel wants to examine who runs guardian office

Fueled by the recommendations of a legislative audit, it was clear Wednesday a committee of lawmakers wants to examine how appropriate it is for the guardian ad litem's office to remain under the purview of a panel of judges.

Initially released in February during the 2005 general legislative session, the probe by the Legislative Auditor General concluded there is an inherent conflict of interest in having an office of child advocates who testify before judges supervised by judges.

That same problem was the subject of examination by that supervisory body, the Judicial Council, in 1992, 1996, 2002 and again this year in the latest review. In all findings by the council, it was advised the guardian ad litem's office remain under the council's purview, but, still, the awkward situation has continued.

Auditors recommended the Legislature explore a number of options to address the best placement for the office, including housing it under the executive branch within an existing department.

In testimony Wednesday before members of the legislature's judiciary interim committee, auditors said the inherent conflict has the Judicial Council holding itself at arm's length from the child-victim advocates.

That distant relationship may have led to supervisory flaws within the system, including lack of accountability as to how cases are tracked, duties performed and even the number of times the director has received a performance evaluation, the report said.

Correspondingly, the Judicial Council — made up of judges — has not made funding the guardian ad litem's office a top priority, something director Kristen Brewer said has created caseloads that are "unmanageable."

Committee chairman Sen. Dave Thomas, R-South Weber, said the issue of the office's placement is an item his colleagues should seriously consider attempting to resolve.

Those study items should be prioritized within the coming weeks.

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E-mail: amyjoi@desnews.com