Quasi-Judicial Immunity

[Granny]

Hi Soc,

My son filed a complaint against the GAL who was involved in his case.  He received a finding today on his complaint.  The GAL Committee consisted of several judges, a commissioner, an attorney, and the GAL Coordinator.  Here is what it said:

We have concluded the following portions of your complaint are founded:

1.  It does appear that Mr. X did not consistently maintain an appearance of neutrality, as is required of a GAL.
2.  There was a concern with Mr. X sharing confidential information among the parties and individuals who were not parties.
3.  Mr. X appears to have provided advise to both parties that was outside the scope of his GAL duties and subsequently used the parties actions in reliance of such advise to their detriment.

Our questions follow:

1.  Based upon that finding would we stand a chance of not paying him for his last bill where he did the majority of his misconduct?
2.  Based on the finding, what are the chances of getting the last GAL report expunged from the record?
3.  Based on the finding, would we be able to bring a TORT against the GAL in question?

Thanks for all you do for people

Granny

[socrateaser]

>1.  Based upon that finding would we stand a chance of not
>paying him for his last bill where he did the majority of his
>misconduct?

Yes.

>2.  Based on the finding, what are the chances of getting the
>last GAL report expunged from the record?

99.999%

>3.  Based on the finding, would we be able to bring a TORT
>against the GAL in question?

Yep. Malpractice/Negligence -- maybe "breach of fiduciary duty." Definitely "breach of contract" (not a tort) and "breach of the duty of good faith" (a tort, but may not be available in your jurisdiction).

Bring a suit is easy. Winning is not. You should be able to settle with the GAL's insurer for your legal costs related to the case, plus some amount for your inconvenience.

Don't get greedy -- just get a tort attorney, and let him/her pursue it. It could take a lot longer than your custody battle to resolve.

[Granny]

Thanks Soc!  You made my husband's day.  This guy cost us $80,000.00 in the end...

You are the BEST!  Wish you were in practice in my area.  

There is right and wrong and what this guy did cost my son his kids.

Gran