The Pennsylvania Supreme Court determined that guardians ad litem are not protected from suit by quasi-judicial immunity in juvenile dependency cases, denying judicial immunity to the Defender Association of Philadelphia and one of its guardians ad litem.
In a May 31 opinion, authored by Justice David Wecht, the high court delivered a unanimous decision, concluding guardians ad litem (GALs) aren’t entitled to immunity because their role consists of legal advocacy, not adjudication. Justice P. Kevin Brobson concurred, writing separately to note ”the difficulties that a plaintiff may encounter in establishing the breach of duty of care and proximate cause elements of a legal malpractice claim against a guardian ad litem (GAL).”
