Opinion 95-29

March 9, 1995

Digest:         A judge may not discuss with a law guardian the position of the law guardian in regard to the interests of the child outside of the presence of the parties, the parents or their attorneys, unless all parties consent.

Rules:          22 NYCRR 100.3(a)(4)

Opinion:

         A Supreme Court justice has appointed a law guardian to represent a child in a custody dispute. The judge asks whether discussion may be had with the law guardian concerning the law guardian’s position as to the child’s interests.

         In the opinion of the Committee, there should be no discussion with the law guardian as to the latter’s position with regard to the interests of the minor, outside of the presence of the parties to the proceeding, the parents or their counsel, unless there is consent to such discussion by all parties. Otherwise, such discussion would constitute an impermissible ex parte communication, under section 100.3(a)(4) of the Rules of the Chief Administrator.