Information Regarding Mediator and Ad Litem Appointments
In 2015, the Texas Legislature passed a new law relating to the selection of mediators, attorneys ad litem, guardians ad litem. See Tex. Gov’t Code § 37.001 et seq.
Guardians Ad Litem
Recently enacted Gov’t. 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; or (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 appoint a guardian ad litem only 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 should 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 vis-à-vis 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, therefore, is expected that serial appointments from the list required by Gov’t Code Sec. 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, background in finance, and the like, also should be listed. Applicants also must confirm that professional liability coverage is in effect and will remain current. Inclusion on the list does not constitute an endorsement or recommendation by the Court and no attorney so listed may state or imply that they have been approved, recommended or endorsed by the 80th District Court for any reason or purpose.
As referenced above, 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.
List of Guardians Ad Litem:
Bahena, Isaac
Bartholet, Dominique
Benoit, Alfred
Betters, Jazmyne
Blazquez, Jose
Carter, Eric
Cruz, Natalia Angelina
Davila, Mario
Davis, Jireh
Dollinger, Scot G.
Doyle, James
Duckers, Sarah
Elizalde, Thelma
Gilbert, Sherra
Henry, Kanan Beth
Herrera, Lauren
Horton, Alex
Hopson, F. Steeves
Hughes, Carlos
Husain, Nomaan
Kretzer, Seth
Levy, Rachael
Lopez II, Jose
Lunceford, Erin
McMillan, Chance
Medina, David
Moreno, Noe
Pierre, Goodwille
Prather, Kelly
Rodriguez, Mynor \"Eddie\"
Roth, Andrea
Spurlock, Kimberley
Vilandos, Marilyn
Mediators
Section 37.004(b) of the Texas Government Code states as follows:
In each case in which the appointment of a mediator is necessary because the parties to the case are unable to agree on a mediator, a court using a rotation system shall appoint the person whose name appears first on the mediator list maintained by the court as required under § 37.003.
The new law does not change the previous rule that a court may appoint those mediators on whom the parties agree. Tex. Gov’t Code § 37.004(c). Further, on a finding of good cause, a court may appoint a qualified person included on the applicable list who is not next on the list and may appoint someone whose name does not appear on the list on a complex matter. Id. at § 37.004(d).
In the vast majority of cases, counsel work out the details of mediation without involving the Court. Occasionally, the parties are unable to agree on whether to attend mediation and ask for the Court’s involvement. In those cases where mediation is ordered, the lawyers generally agree on a mediator. In those rare cases where the parties are not able to agree, the Court will appoint a mediator. In deciding who may be a suitable mediator, counsel may refer to those who have registered with the Court, or they may choose to employ the services of the Dispute Resolution Center.
The list below consists of all persons who have indicated a desire to be included on this Court’s list of mediators. There is no criteria for inclusion on this list. Neither the Court nor anyone on behalf of the Court has reviewed the qualifications or experience of those included on the list and inclusion on the list is neither an endorsement nor a recommendation. Further, mediators’ fees vary and are not set by the Court; so, you should contact the particular mediator to discuss his/her mediation fees prior to selecting the mediator.
The Court may appoint mediators if requested, or in the event the parties cannot agree, or under other special circumstances.
List of Mediators:
Bailey, Daryl
Bain, Joanie
Beinart, Jessica
Bush, Alan
Cagle, Hon. Jack
Coselli, Hon. John
Davidson, Hon. Mark
Dollinger, Hon. Scot
Donovan, Hon. John
Engelhart, Hon. Mike
Gilbert, Sherra
Gilman, Luke
Halbach, Hon. Thad
Hawash, Michael
Herrera, Lauren
Hinde, Hon. Dan
Hodges, David
Hoss, Felicia Harris
Jefferson, Hon. Dwight
Jones, Joe
Lunceford, Hon. Erin
Newport, Jeffrey
Peckham, Charles
Prather, Mike
Schaffer, Hon. Robert
Smith, Jacqueline Lucci
Spurlock, Kimberley
Taylor, Amy
Wright, Eric G.
Young, R. Tate
Zimmerer, Jerry