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ROBERT L. EHRLICH, JR., Governor S.B. 684
Article - Family Law
1-202.
(A) In an action in which custody, visitation rights, or the amount of support of
a minor child is contested, OR THE COURT HAS REASON TO BE CONCERNED ABOUT
THE WELFARE OF A MINOR CHILD, the court may:
(1) (I) appoint A LAWYER WHO SHALL SERVE AS A CHILD ADVOCATE
ATTORNEY to represent the minor child [counsel] AND who may not represent any
party to the action; and OR
(II) SPECIFY THE ROLE AND DUTIES OF THE CHILD'S LAWYER IN
ACCORDANCE WITH THE MARYLAND STANDARDS OF PRACTICE FOR
COURT APPOINTED LAWYERS REPRESENTING CHILDREN APPOINT A LAWYER WHO
SHALL SERVE AS A GUARDIAN AD LITEM, ALSO KNOWN AS A BEST INTEREST
ATTORNEY; TO REPRESENT THE MINOR CHILD AND WHO MAY NOT REPRESENT ANY
PARTY TO THE ACTION; AND
(2) impose against either or both parents [counsel] fees FOR SERVICES
RENDERED BY OR AT THE REQUEST OF THE CHILD'S LAWYER.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EXCEPT FOR ANY
ACT OR OMISSION COMMITTED WITH WILLFUL OR RECKLESS DISREGARD FOR THE
BEST INTERESTS OF A REPRESENTED CHILD, A LAWYER APPOINTED UNDER THIS
SECTION IS IMMUNE FROM CIVIL LIABILITY FOR ANY ACT OR OMISSION IN THE
COURSE OF PERFORMING THE DUTIES ASSIGNED.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A LAWYER
APPOINTED BY THE COURT TO REPRESENT A CHILD UNDER THIS SECTION IS
IMMUNE FROM CIVIL LIABILITY TO ANY PARTY OTHER THAN A REPRESENTED CHILD
AN APPOINTMENT TO REPRESENT A MINOR CHILD UNDER THIS SECTION DOES NOT
MODIFY, ALTER, OR AMEND THE DUTY THAT A LAWYER OWES A CLIENT IN
ACCORDANCE WITH THE MARYLAND RULES OF PROFESSIONAL CONDUCT A LAWYER
APPOINTED UNDER THIS SECTION SHALL EXERCISE ORDINARY CARE AND
DILIGENCE IN THE REPRESENTATION OF A MINOR CHILD.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety,
has been passed by a yea and nay vote supported by three-fifths of all the members
elected to each of the two Houses of the General Assembly, and shall take effect from
the date it is enacted shall take effect June 1, 2006.
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May 26, 2006
The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis, MD 21401
Dear Mr. President:
- 3189 -
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