GEORGIA STATE BAR FORMAL ADVISORY OPINION NO. 10-2
720 S.E.2d 647 (2012)
NATURE OF THE CASE: This was a legal advisory opinion by the Georgia State Bar.
FACTS: There was a conflict between an attorney serving as both legal counsel and
guardian ad litem. Georgia law requires the appointment of an attorney for a child as the
child's counsel in a termination of parental rights proceeding. The statute also provides
that the court may additionally appoint a guardian ad litem for the child, and that the
child's counsel is eligible to serve as the guardian ad litem. In addition to the child's
statutory right to counsel, a child in a termination of parental rights proceedings also has
a federal constitutional right to counsel. May an attorney who has been appointed to serve
both as legal counsel and as guardian ad litem for a child in a termination of parental
rights case advocate termination over the child's objection?
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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