New Hampshire Attorney Liability Case Raises Questions About Doctrine of Quasi-Judicial Immunity: Should Immunity Apply to Guardians Ad Litem?

In an opinion issued April 20, 2012, in Suprenant v. Mulcrone, the New Hampshire Supreme Court upheld the dismissal of claims against a guardian ad litem (“GAL”) under the doctrine of absolute quasi-judicial immunity.  The GAL had been appointed by the Superior Court in a contested marital matter to investigate how parenting time and residential responsibility should be divided between a child’s parents.  The GAL stated in her report to the Court that it was “troubling” that the father had not disclosed to the GAL prior charges and convictions for sexual assault, resisting arrest, criminal trespassing, kidnapping and other crimes.  The father filed suit against the GAL, alleging that the statements in her report were negligently made and breached an implied contract with the Plaintiff to observe reasonable standards of care and fair dealing.  Preti Flaherty’s Professional Services Group represented the GAL and moved to dismiss the father’s claims, on the ground that the GAL’s actions were taken in her capacity as a court-appointed GAL and that she was therefore immune from liability under the doctrine of absolute quasi-judicial immunity.  The trial court granted the motion to dismiss.

The Supreme Court affirmed the dismissal of plaintiff’s claims, reasoning that because the GAL’s actions that were allegedly negligent and in breach of an implied contract were “closely associated with the judicial process,” judicial immunity applicable to the judge extended to the acts of the GAL.  The Court noted that the immunity afforded a GAL acting within the scope of her quasi-judicial duties is “absolute,” so that the immunity applies even if the GAL is alleged to have acted maliciously or corruptly.

The Supreme Court’s decision in Suprenant v. Mulcrone has been criticized by some as an unwarranted extension of judicial authority.

Learn more about Preti Flaherty’s Professional Services Practice Group here or contact attorney Bill Saturley or Mark Puffer for more information.