Administrative Rule Review Report  #AR08-091

Legislative Service Office

30-Oct-08

 

AGENCY:                                 Office of the State Public Defender.

 

DATE SUBMITTED:                   October 30, 2008.

 

SUBJECT:                                 Chapters 1 through 3, Guardian Ad Litem Program.

 

NATURE OF RULES:                     Legislative and procedural

 

STATUTORY AUTHORITY:         2008 Wyoming Session Laws, Chapter 48, Section 316

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by LSO as required by W.S. 28-9-103(d).  No written comments have been received to date.

 

SUMMARY OF RULES:  These new rules establish standards for the operation of the Guardian Ad Litem Program that was transferred from the Supreme Court to the Public Defender's Office, effective July 1, 2008.  These rules are intended to provide standards that will apply for the Guardian Ad Litem Program, including standards for participating attorneys, standards for reimbursement of costs incurred, matching funds requirements for participating counties, and procedures for court appointment of attorneys as guardians ad litem

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                            _______________________

                                                            John H. Rivera

                                                            Senior Staff Attorney

 

                                                            _______________________

                                                            David K. Gruver

                                                            Assistant Director

JHR/