Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

In<a href="http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20150922_C320102_39_320102.OPN.PDF" target="_blank" rel="noreferrer noopener"> <em>Doe v. Boyle</em></a>, No. 320102, the Michigan Court of Appeals held that a guardian ad litem appointed by the court was entitled to compensation for his services and that the circuit court erred when it determined that the Department of Human Services (“DHS”) was not required to pay the guardian ad litem’s costs and expenses.

contentpilot/introduction

The Ingham Circuit Court appointed Thomas Woods as guardian ad litem for Thomas Hand, a 13-year-old minor and ward of the state, who was sued for allegedly sexually assaulting a 5-year-old.&nbsp; Woods appeared on behalf of Hand in several actions related to the litigation. After a few months with no additional action, Woods filed a motion to recover his fees and costs from DHS, which was denied. Woods continued to act as Hand’s guardian ad litem until Hand reached the age of majority. Woods eventually appealed the circuit court’s denial of his request for fees and costs.

core/paragraph

The Court of Appeals concluded that, because Woods was appointed guardian ad litem, he was entitled to compensation for his services pursuant to MCL 600.2415, which provides “no person who defends a suit as guardian ad litem of an infant or otherwise incompetent person shall be responsible for the costs of the suit unless specifically charged by the court for some personal misconduct in the case.” The court also referred to MCR 2.201(E)(1)(c) in clarifying that a guardian ad litem is not responsible for costs of the action. Finally, because Hand was a ward of the state of Michigan, the Court of Appeals concluded that DHS was responsible for payment of Woods’s expenses and costs. Therefore, the Court of Appeals reversed the circuit court’s order and remanded for a determination of the costs and expenses that Woods incurred as guardian ad litem for Hand.

Partner

Jason L. Byrne

Labor and Employment

COA holds that court-appointed guardian ad litem is entitled to compensation for services rendered in tort litigation

Warner Norcross + Judd LLP is responsible for the contents of our advertising and this website. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website. If you have any questions or comments about our website or our Privacy Policy please contact us at <a href="mailto:info@wnj.com">info@wnj.com</a> or 616.752.2000. 

COA holds that court-appointed guardian ad litem is entitled to compensation for services rendered in tort litigation

professionals