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Subcommittee backs bill requiring attorney guardians ad litem when parties are represented
Summary
The South Carolina House subcommittee adopted an amendment and gave House Bill 3,622 a favorable report to generally require guardian ad litem appointments in private custody or visitation cases be licensed attorneys when parties are represented, while preserving limited lay-guardian options.
A South Carolina House subcommittee on Thursday amended and gave a favorable report to House Bill 3,622, which would generally require guardian ad litems in private child custody or visitation cases to be licensed attorneys in good standing with the South Carolina Bar when parties are represented.
The amendment, offered during the Domestic Relations, Business and Probate Law Subcommittee meeting, would allow parties to mutually agree in writing, with court approval, to the appointment of a lay guardian ad litem and would give courts discretion to appoint a lay or attorney guardian based on the case’s facts. The amendment also would allow individuals already serving as guardians ad litem in pending cases to continue their roles unaffected by the change.
The bill’s sponsor told the subcommittee that, under current law, both attorneys and qualified laypersons may be appointed as guardians ad litem regardless of whether the parties are represented. The proposed change would restrict most appointments to licensed attorneys, while keeping existing qualifications for lay guardians (age, education, training, court observation and continuing education) when lay guardians are appointed.
Representative David Martin, a subcommittee member, described long-serving lay guardians in York County and argued the amendment preserves a lower-cost option when parties are unrepresented. "We have been very blessed in York County to have some really good lay guardians who have 20 years experience. Holly Bennett, Terry Loveless, Terry Hagen," Martin said, noting lay guardians typically charge a fraction of attorney fees.
Committee members also said the judiciary and the State Bar had been consulted. A subcommittee member noted that when attorneys serve as guardians they are subject to the rules of the South Carolina Bar and to the Office of Disciplinary Counsel.
The amendment was adopted by voice vote. A subsequent roll-call vote recorded by the subcommittee gave House Bill 3,622 a favorable report as amended with five ayes and no votes against: Representative Bernstein, Representative Paula Calhoun, Representative Guess, Representative John King and Representative David Martin.
The action is a favorable report from the subcommittee; the bill will proceed to the next step in the legislative process as determined by the House.
