Effort to move Guardian Ad Litem's office to executive branch advances

An effort to shift the Office of the Guardian Ad Litem from the judicial to the executive branch moved forward Tuesday, despite concerns that the change will create more conflicts than it attempts to alleviate.

HB174, sponsored by Rep. LaVar Christensen, R-Draper, would transfer oversight of the office, which provides legal counsel for children involved in court proceedings, to the Commission on Criminal and Juvenile Justice.

The office is now overseen by the Judicial Council, the governing body over the state courts. However, a citizens' oversight panel was also created last year to address concerns raised in a 2005 legislative audit about the conflict of interest of having guardian ad litem attorneys testify before judges who also supervise the office.

It is that conflict that Christensen, a persistent critic of the office and requestor of the original audit, hopes to eliminate with HB174.

"The thrust of this bill, is it implements the audit," he said. "It shores up the definition of the duties and it moves the guardian ad litem over to the executive branch for greater independence."

Kristin Brewer, director of the Office of Guardian Ad Litem since its creation in 1994, testified Monday that the move would simply create different, and likely more, problems and potential conflicts.

As advocates for children involved in judicial proceedings, attorneys often take opposing positions than the state, Brewer said.

A fairly common example would be a situation where the Division of Child and Family Services seeks to remove a child from his home. The Utah Attorney General's Office would represent DCFS and the child's parents would have their attorney, while the Guardian Ad Litem's Office would seek to represent the best interests of the child.

"Our role (in some cases) is also to protect the child against what the state might be recommending," she said. "And if we are all in the executive branch, there's a concern that we would not be able to take an opposing position to a sister state agency."

The House Law Enforcement and Criminal Justice Committee passed HB174 on a 4-3 vote, with those voting against the measure encouraging additional study of the issue during the interim session.

"It's a hasty move and, in my opinion, very ill advised," said Rep. David Litvack, D-Salt Lake.

Christensen has sought changes to the state's child welfare system since his involvement in the Parker Jensen case several years ago.