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Guardian Ad Litem List

TEX. GOVT CODE § 37.004 provides that the Court must appoint guardians ad litem from the Court’s list in order, except when: (a) the parties agree (subject to court approval) to the appointment of an ad litem whose name is not next on the list or is not on the list; (b) the court finds good cause to appoint a person whose name is not next on the list or is not on the list because the person appointed: (i) has specialized training, skills, experience or other qualities relevant to the subject matter of the case; (ii) has “relevant prior involvement with the parties or case”; or (iii) “is in a relevant geographic location”.           

Tex. R. Civ. P. 173 provides for the appointment of a guardian ad litem when a minor or non compos mentis is a party to a suit and is represented by a next friend or a guardian who appears to the court to have an interest adverse to the minor. The trial court can only appoint a guardian ad litem where there is a conflict of interest between the minor and the next friend. The determination of the existence of a conflict of interest requires the exercise of judicial discretion. 

A guardian ad litem is not be expected to do work that is typically done by the attorney for the next friend.  Rather, the guardian ad litem is charged with acting as the advocate for the “client”, which may require the ad litem to assume an adversary stance as it relates to the next friend.  It is therefore crucial that a guardian ad litem be suited by training and experience that is appropriate to each case.  The Court takes into account the special circumstances present in each case when making appointments; it is, therefore, expected that serial appointments from the list required by TEX. GOVT CODE § 37.004 may not be routine. 

A guardian ad litem bears the same fiduciary responsibility to the minor or non compos mentis client as to any other client and may face liability in the event of professional negligence.   

Those wishing to be included in the Court’s list must submit a written request with a complete resume that details the nature of the applicant’s experience as a civil trial practitioner.   Special capabilities, such as fluency in languages other than English, financial background, and the like, should also be listed.   Applicants must also affirm that professional liability coverage is in effect and will remain current.  

The Court reserves the right to assign a guardian ad litem who either is not on this list or not next on the general list when the case being assigned warrants special consideration.  The special guardian ad litem list may be updated at any time by the court as special circumstances arise which were not considered in compiling this list. 

Inclusion on the list below does not constitute an endorsement or recommendation by the Court and no attorney on the listed may state or imply that they have been approved, recommended or endorsed by the 190TH District Court for any reason or purpose.  Any such representation would violate the Texas Disciplinary Rules of Professional Conduct. 

At the present time the list includes the following lawyers: 

 

Derek

Anderson

Alfred

Benoit

Billy

Briscoe

Eric

Carter

Jim

Doyle

Sarah

Duckers

Spencer

Edwards

Thelma

Elizalde

Alfred

Flores

Maureen

Garrett

Jorge

Gomez

Kevin

Howard

Nomaan

Husain

Seth

Kretzer

Heather

McFarlane

William

McLeod

Nicole

Perdue

Denise

Peterson

Andrea

Roth

Donald

Sepolio

Manpreet

Singh

Ima

Turner

Fran

Watson

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