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STATE v. GEORGE F.

No. 18236.

964 P.2d 158 (1998)

125 N.M. 597

1998-NMCA-119

STATE of New Mexico ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Petitioner-Appellant, v. In the Matter of GEORGE F. and Frank F., Children, Respondents-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 13, 1998.

Attorney(s) appearing for the Case

Angela Adams, Chief Children's Court Attorney, Diane Garrity, Children's Court Attorney, Gerald F. McBride, Children's Court Attorney, Roy Stephenson, Children's Court Attorney, Santa Fe, for Appellant.

Ann Halter, Albuquerque, Guardian Ad Litem.

Tara Ford, Peter Cubra, Albuquerque, Amicus Curiae for Advocacy Inc.

Timothy V. Flynn-O'Brien, Bryan & Flynn-O'Brien, Albuquerque, Amicus Curiae for National Association of Social Workers— New Mexico.

OPINION

BOSSON, Judge.

{1} This case involves the convergence of the Children's Code with the New Mexico Rules of Professional Conduct. The Children's Code requires that a guardian ad litem (GAL) be appointed in civil abuse and neglect cases "to represent and protect the best interests of the child in a court proceeding[.]" NMSA 1978, § 32A-1-4(J) (1995). This same statute requires that the GAL be an attorney. As part of their duties, GALs are...

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