We are fortunate to have experienced professionals help identify the best interests of children when families are involved in court. A Guardian ad litem (GAL) and a Court Appointed Special Advocate (CASA) serve a very important and difficult role in family law cases. At times, however, their work engaging with families makes them vulnerable to be a victim of abuse by someone involved in the case.

I am grateful to have had the opportunity to provide proponent testimony on behalf of the Ohio Judicial Conference, before the Ohio House of Representatives, Criminal Justice Committee, in support of House Bill 122 (HB 122) that provides protection for a GAL and a CASA volunteer.

In Delaware County, a GAL is an attorney that practices in Domestic Relations Law. A GAL must make an application to the court to be on the court’s GAL list. Prior to being approved by the court, they must submit a resume, complete a background check, and complete 12 hours of training through the Ohio Judicial College. After they are approved by the court, they are required to take an additional six hours of training every year to stay on the court’s active GAL list.

A CASA is a volunteer and is usually not an attorney. Prior to becoming a CASA, they must submit an application and be interviewed by the CASA Program. Then, they must complete a background check and be at least 21 years of age or older. Finally, they must complete the required training by the CASA Program.

Before becoming judge, I had a law practice for over 20 years in downtown Delaware. During that time, I served on hundreds of cases as a GAL. I also served as president of Delaware County CASA. From my experience as a board member, GAL and now as judge, I understand the importance of a GAL and CASA, and the difficult job they perform.

So, why is the role of a GAL and CASA difficult and important? Well, they are appointed by the court as a neutral third party in cases involving custody or visitation issues. They meet with and interview parents, custodians, professionals and children involved in the case. They also go into the family’s home and observe the children in their home environment.

After completing their investigation, they assist the court by making recommendations that the GAL or CASA believe are in the best interest of the minor children. Often, a GAL or CASA’s recommendation is upsetting to one or both parents or custodians.

Unfortunately, in some cases, GALs and CASAs are subject to threats, harassment, intimidation, stalking, attempts to ruin their reputation with the public, or verbal abuse from people involved in the case that disagree with their recommendation or efforts to help the family.

This maltreatment has led to HB 122. If passed, HB 122 will make it a criminal offense in the state of Ohio to intimidate, threaten or abuse a GAL or CASA. This legislation is needed to protect GALs and CASAs while they perform their court appointed work.

Why do I say this is needed?

Before testifying on behalf of the Ohio Judicial Conference, we asked for general feedback from some GALs to determine their thoughts on HB 122. I was concerned with the number of people serving as a GAL that had experienced threats, intimidation or abuse in their role for the court.

Each GAL shared their own experience of mistreatment by a person involved with the case. These experiences included threats of violence to the GAL and their family members, brandishing a weapon, trespass, stalking, as well as other forms of mistreatment.

I was grateful to be able to provide testimony on behalf of the Ohio Judicial Conference supporting HB 122. It is important that we protect GALs and CASAs so that they can continue to protect children in family law cases.

Randall D. Fuller is judge of the Domestic Relations Division of the Delaware County Court of Common Pleas. Judge Fuller is a life-long resident of Delaware County.