Opinion
2:21-cv-00742-MIS-CG
03-04-2022
IVAN M. JORDISON, et al. Plaintiff, v. BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF SOCORRO, ET AL., Defendants.
MYNATT MARTÍNEZ SPRINGER PC. BLAINE T. MYNATT N.M. Bar No. 9474 HALEY R. GRANT N.M. Bar No. 145671 P.O. Box 2699 Attorneys for Defendants Village of Magdalena and Carlos Valenzuela LAW OFFICE OF AM A VALISE F. JARAMILLO Attorney for Plaintiffs
MYNATT MARTÍNEZ SPRINGER PC. BLAINE T. MYNATT N.M. Bar No. 9474
HALEY R. GRANT N.M. Bar No. 145671 P.O. Box 2699 Attorneys for Defendants Village of Magdalena and Carlos Valenzuela
LAW OFFICE OF AM A VALISE F. JARAMILLO Attorney for Plaintiffs
ORDER APPOINTING GUARDIAN AD LITEM
THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court on Defendants Village of Magdalena and Carlos Valenzuela (“Village Defendants”) and Plaintiff Patricia Padilla's, as guardian of the minor child C.C., (“Padilla's”) Joint Petition for the Appointment of a Guardian ad Litem (“Motion”) [Doc. 51]. The Court, having been sufficiently advised, hereby GRANTS the Motion and appoints Eric Brittain, Esq. as Guardian ad Litem to serve as an arm of the Court to report on the fairness of the settlement and disposition of proceeds for the minor beneficiaries.
All immunities and privileges available to the Guardian ad Litem, as articulated by the New Mexico Supreme Court in Collins v. Tabet, 111 N.M. 391, 806 P.2d 40 (1991), must extend to the Guardian ad Litem in this matter.
The Court further finds as follows:
1. A Guardian ad Litem should be appointed by this Court in connection with the Court's consideration of matters relating to settlement of Plaintiffs' claims in this matter.
2. Eric Brittain, Esq. is qualified to serve as and to perform the duties of Guardian ad Litem in this case.
3. The Guardian ad Litem shall be deemed a party entitled to participate, to have notice of all proceedings, and to receive copies of all pleadings and correspondence among the parties.
4. The Guardian ad Litem shall be deemed an arm and friend of the Court to assist the Court in discharging its duties to the minor child, C.C. C.C. is already represented by competent counsel, and the Guardian ad Litem under this appointment should not be requested to invade or interfere with counsel's responsibility to adequately and effectively represent them.
5. The Guardian ad Litem shall conduct an independent investigation of all matters relevant to the issues in this cause, shall report to the parties and the Court with his conclusions with respect to such investigation, and shall undertake whatever formal or other actions he deems necessary or appropriate to implement his conclusions and recommendations.
6. At the fairness hearing in this case, the Guardian ad Litem will be entitled to testify as a witness, and shall report in writing to the Court on the nature and scope of his investigation, conclusions, and recommendations regarding both the fairness and reasonableness of the proposed settlement and the manner in which the settlement monies shall be held or used for the benefit of C.C.
7. The Guardian ad Litem shall have access to all of C.C.'s medical, educational, psychological and other records, if any, which are relevant to the issues in this case.
8. There are strong public policy reasons to grant immunity to the Guardian ad Litem in this case, who is acting as an “Arm of the Court” and is performing an essential role in this Court's administration of justice.
9. Accordingly, all immunities and privileges available to the Guardian ad Litem, as articulated by the New Mexico Supreme Court in Collins v. Tabet, 111 N.M. 391, 806 P.2d 40 (1991), shall be extended to the Guardian ad Litem in this matter.
10. The Guardian ad Litem shall be absolutely immune from any liability for his conduct in this matter as a result of an investigation on behalf of this Court into the fairness and reasonableness of the settlement and its effect on C.C., and the manner in which the settlement proceeds shall be used or held for C.C.'s benefit.
11. The Guardian ad Litem's duties and obligation in this case are owed to the Court and not C.C.
12. The Guardian ad Litem's appointment does not contemplate representation of C.C. as an advocate but only a functionary of the Court.
13. Plaintiffs shall pay the costs and fees of the Guardian ad Litem in an amount to be determined by the Court.
IT IS THEREFORE ORDERED that Eric Brittain, Esq., is hereby appointed by the Court as Guardian ad Litem for C.C. in accordance with the duties and responsibilities set forth above.
IT IS FURTHER ORDERED that, no later than April 21, 2022, Mr. Brittain shall submit a sealed copy of his report and recommendations to the Court and counsel for Plaintiffs and Village Defendants. After the Court receives both this report and a joint motion to approve settlement, it will schedule a fairness hearing.
IT IS SO ORDERED.