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3 Loy. J. Pub. Int. L. 106 (2001-2002)
Guardians ad litem in Private Custody Litigation: The Case for Abolition

handle is hein.journals/loyjpubil3 and id is 112 raw text is: GUARDIANS AD LITEM IN PRIVATE
CUSTODY LITIGATION:
THE CASE FOR ABOLITION
Richard Ducote ***
I. Introduction
On July 17, 2000, the San Francisco Daily Journal published
an editorial written by then sixteen-year-old Alanna Krause, an
honor student and the daughter of a prominent and wealthy
California attorney.1 The essay poignantly brought a very rarely
seen consumer's perspective to the issue of guardians ad litem
in private custody cases. She began her articulate discussion
with accurate observations:
* Attorney in private practice in New Orleans, Louisiana. B.S. Tulane University
(1974). J.D. Loyola University New Orleans School of Law (1978). Admitted to
Louisiana Bar since 1978. Admitted to bars of the United States Supreme Court, the
United States Courts of Appeal for the Fourth, Fifth, and Ninth Circuits, and the
United States District Courts for the Eastern, Middle, and Western District of
Louisiana, the Southern District of Mississippi, the Northern and Eastern District of
Texas, the Northern District of Ohio, and the District of Colorado. Clinical Assistant
Professor, Psychiatry Department, Louisiana State University in New Orleans. From
1978-1981, he founded and directed the first program providing attorneys to abused
and neglected children in Louisiana. From 1981-1984, he created and directed a
specialized program to free foster children for adoption, and in that role prosecuted
termination of parental rights cases in forty Louisiana courts. Since 1984, he has
handled child custody, juvenile court, parental child abduction, and tort cases
involving domestic violence, and child physical and sexual abuse in forty states on
behalf of child victims and their protecting parents. His successful appellate cases
include Ankenbrandt v. Richards, 112 S. Ct. 2206 (1992). Mr. Ducote has been
honored by the Young Lawyers Division of the American Bar Association, the
Louisiana Foster Parent Association, The Louisiana State University School of Social
Work, the Louisiana Chapter of the National Association of Social Workers, Justice
for Children, and the Northern Plains Tribal Institute for his advocacy in the
courtroom, the legislature, and in the classroom. He is a member of the Louisiana
Bar Association, the American Bar Association, the National Association of Counsel
for Children, and the Leadership Council on Mental Health, Justice and the Media.
** This article is dedicated to my four wonderful children, who patiently shared me
with so many other parents' children for so many years, that they might never fear
swimming upstream when necessary to buoy justice.
1. Alanna Krause, Letting Children Speak for Themselves: Youth in Court Need
Attorneys Who Represent Their Interests Fairly, Strongly, S.F. DAILY JOURNAL, July
17, 2000, available at httpJ/www.ocof.org/KidsSpeakOut/Alanna's%2OTruth.htm.

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