Rule 39.01 Appointment

A guardian ad litem is a lawyer appointed to look out for the interests of a witness or an alleged victim during a court case. This rule explains when and how that appointment happens.

The court can appoint a guardian ad litem if there is a good reason for it. This can happen because the judge decides it's needed, or because one of the parties in the case (like the prosecution or the defense) asks for it.

The judge, not the state or the defendant, picks who serves as the guardian ad litem. This keeps the process fair. Neither side gets to choose who represents the witness or victim, so that person can act independently and focus only on protecting the witness or victim's interests.