Hunt v. Crownover

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

LEE HUNT, as Personal Representative of the Wrongful Death Estate of Ariza Barreras and GABRIELLE VALDEZ, as Guardian Ad Litem For T.B. and F.B., minor children,

Plaintiffs,

v. No. 1:19-cv-00700 KWR-KRS

STEPHANIE CROWNOVER, in her personal Capacity acting under color of state law; LEAH MONTANO, in her personal capacity acting under color of state law; GWENDOLYN GRIFFIN, in her personal capacity acting under color of state law; of state law; KIM CHAVEZ-BUIE, in her personal capacity acting under color of state law; MICHELLE HILL, in her personal capacity acting under color of state law; LORA VALDEZ, in her personal capacity acting under color of state law; and THE NEW MEXICO CHILDREN, YOUTH AND FAMILIES DEPARTMENT,

Defendants.

ORDER APPOINTING GUARDIAN AD LITEM

THIS MATTER having come before the Court for the appointment of a Guardian ad litem to assist the Court in evaluating a proposed settlement involving Plaintiffs and Defendants New Mexico Children, Youth & Families Department, which in part benefits T.B. and F.B., minor children, the Court having reviewed the file and being otherwise fully advised, hereby finds: 1. A Guardian Ad Litem should be appointed by this Court in connection with the Court’s consideration of matters relating to settlement of a minors’ claims involving the above referenced parties. 2. The Guardian Ad Litem should be appointed to investigate on behalf of the Court into the fairness and reasonableness of a proposed settlement and its effect on the minor children involving the above referenced parties pursuant to Jones v. Nuclear Pharmacy, Inc., 741 F.2d 322 (10th Cir. 1984). 3. The Guardian Ad Litem’s appointment does not contemplate representation of the

minors as an advocate, but only as a functionary of the Court. 4. The Guardian Ad Litem’s responsibilities under this appointment are to the Court, and not to the children. The children in this matter are already represented by competent counsel, and the Guardian Ad litem under this appointment should not be requested to invade or interfere with the children’s counsel’s responsibility to adequately and effectively represent the children. 5. 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, as the Judge’s assistant. 6. All immunities and privileges available to the Guardian Ad Litem, as articulated by the New Mexico Supreme Court in Collins v. Tabet, 1991-NMSC-013, 111 N.M. 391, 806 P.2d 40. should be extended to the Guardian Ad Litem in this matter.

7. Alysan Boothe Collins, Esq. is qualified to perform as Guardian Ad Litem in this matter. THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED Alysan Boothe Collins, Esq. shall be appointed Guardian Ad Litem for T.B. and F.B., as an “arm of the Court”, appointed in connection with this Court’s consideration of a settlement involving the above referenced parties for the benefit of the minor children. Alysan Boothe Collins, Esq. shall be absolutely immune from any liability for her actions taken pursuant to this appointment, in so far as his conduct in the case is as a result of an investigation on behalf of this Court into the fairness and reasonableness of the settlement involving the above referenced parties, in its effect on the minor children. The Guardian Ad Litem’s duties and obligations in this Court are owed to the Court, and not to the minor children. This appointment of Alysan Boothe Collins, Esq. as Guardian Ad litem is intended to convey upon her all of the immunities and protections allowed or provided under Collins v. Tabet, 1991-NMSC-013, 111 N.M. 391, 806 P.2d 40. IT IS SO ORDERED. %

EA IGGS UNITED STATES DISTRICT JUDGE APPROVED: MARTINEZ, HART, SANCHEZ & ROMERO, P.C. /s/ F. Michael Hart Michael Hart, Esq. Kelly Stout Sanchez, Esq. Julio C. Romero, Esq. 1801 Rio Grande Blvd., NW- Suite A Albuquerque, NM 87104 Telephone: (505) 343-1776 Facsimile: (505) 344-7709 mikeh @osolawfirm.com kellys @ osolawfirm.com julior @ osolawfirm.com -and- RODEY, DICKASON, SLOAN, AKIN & ROBB, P.A. /s/ Andrew G. Schultz Andrew G. Schultz, Esq. Melanie B. Stambaugh, Esq. P.O. Box 1888 Albuquerque, NM 87103 Telephone: (505) 765-5900 Facsimile: (505) 768-7395 E-mail: aschultz@rodey.com mstambaugh @rodey.com Attorneys for Plaintiff Gabrielle Valdez, as

Guardian Ad Litem for T. B. and F. B., minor Children WILLIAMS INJURY LAW, P.C.

/s/ Bryan L. Williams Bryan L. Williams, Esq. 4801 All Saints Rd NW Albuquerque, NM 87120 Telephone: (505) 594-4444 Facsimile: (505) 214-5990 E-mail: bryan@bryan4results.com Attorneys for Plaintiff Lee Hunt Personal Representative of the Death Estate of Ariza Barreras

WALZ AND ASSOCIATES P.C.

/s/ Jerry A. Walz Jerry A. Walz, Esq. Alisha Walz, Esq. 133 Eubank Blvd NE Albuquerque, New Mexico 87123-2709 (505) 275-1800 (505) 275-1802 (facsimile) E-Mail: jerryawalz@walzandassociates.com Awalz@walzandassociates.com Attorney for Defendant New Mexico Children, Youth and Families Department

COLLINS & COLLINS, P.C.

/s/ Alysan Boothe Collins Alysan Boothe Collins P.O. Box 506 Albuquerque, NM 87103-0506 (505) 242-5958 (505) 242-5968 (facsimile) alysan@collinsattorneys.com Proposed Guardian Ad Litem for Minor Settlement Review