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Colorado Supreme Court Hands Down Landmark Decision on Attorney-Client Privilege

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published November 05, 2011

Per the article, a guardian ad litem is an attorney appointed to represent a child who has been abused or neglected, or is in foster care, according to Colorado law. It is this relationship that advocates fear the ruling will undermine. This ruling, which many are deeming as landmark, is also creating division among advocates for children that are generally unified.

Stephanie Villafuerte, executive director of the Rocky Mountain Children's Law Center, fears that abused and neglected children, who already lack trust in adults, will be unwilling to confide in their attorneys. She was quoted as saying: “Kids are going to be mortified.”

However, Linda Weinerman, executive director of the Office of the Child's Representative, is of the opinion that the ruling validates the approach her office already practices. She was quoted as saying: “I'd tell kids I'm representing you and I will not tell things you don't want me to tell unless I think they are things that will affect your safety. My job is to protect your safety.”

The ruling in question arose from the circumstances surrounding the case of Mark Gabriesheski. In 2005, he stood accused of assaulting a young girl under his care. Not long before his trial the girl recanted her statements about the assault. Although the girl's guardian ad litem was asked by the prosecution, and wanted, to testify on the girl's behalf, Gabriesheski's attorneys objected and the judge ruled the guardian ad litem could not testify without the girl's approval, which she refused to give.

Without this crucial testimony, the prosecutors essentially had no case and the charges were dismissed. However, the case was appealed.

United States
The basis for the ruling is best summarized by what Justice Nathan Coats wrote in the majority opinion, that a “guardian ad litem is statutorily tasked with assessing and making recommendations to the court concerning the best interests of the child.”

Jeff Koy, an attorney at the Children's Law Center, was quoted as saying: “We looked at is as, it's better for children in Colorado to at least give them an outlet where they can talk about things and then the (guardian ad litem) can take steps to protect the child. But there is major tension between having that information and not being able to do what you feel is best for your client.”

According to information at the organization's website, “the mission of the Colorado Office of the Child's Representative is to provide Colorado's children involved in the court system with competent and effective legal representation.” In addition, the OCR provides support and training to attorneys who represent children in the state. As well, the OCR serves as an advocate for public policy issues regarding children and their families.

The mission of the Rocky Mountain Children's Law Center is to “change the lives of abused and neglected children through compassionate legal advocacy, education and public policy reform,” according to information at the center's website.
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