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Court quashes subpoenas for three older children, orders guardian ad litem review
Summary
Facing objections from defense counsel and concern about psychological harm, the judge quashed subpoenas for three minors and directed guardian ad litem Ferlong Smith to interview the children and review juvenile records under seal; the court prohibited coaching or contact aimed at influencing testimony.
A Dixon County judge on June 16 quashed subpoenas that would have required three older children (ages identified in court as 10–12) to testify in open court and ordered a guardian ad litem review instead.
Counsel for the mother argued the subpoenas were procedurally defective and that compelling the children to testify would risk psychological harm. Opposing counsel said the children had made disclosures integral to the case and that their accounts should be considered by the court, at least through the guardian ad litem. The judge noted statutory protections for young witnesses and that hearsay exceptions allow some statements of children to be admitted without live testimony.
The court quashed the subpoenas and authorized Miss Ferlong Smith, the court‑appointed guardian ad litem present in court, to interview the three children and to review juvenile‑court records under seal. The judge also entered a directive prohibiting Mr. Duffy or others from attempting to influence or coach the children in the interim and instructed counsel to arrange an in‑camera review of records if necessary.
