Tex. Gov't Code § 37.004 · Chapter 37. APPOINTMENTS OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS
APPOINTMENT OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS; MAINTENANCE OF LISTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsections (c), (d), and (d-1), in each case in which the appointment of an attorney ad litem, guardian ad litem, or guardian is necessary, a court using a rotation system shall appoint the person whose name appears first on the applicable list maintained by the court as required by Section 37.003.
(b) In each case in which the appointment of a mediator is necessary because the parties to the case are unable to agree on a mediator, a court using a rotation system shall appoint the person whose name appears first on the mediator list maintained by the court as required under Section 37.003.
(c) The court may appoint a person included on the applicable list whose name does not appear first on the list, or a person who meets statutory or other requirements to serve and who is not included on the list, if the appointment of that person as attorney ad litem, guardian ad litem, or guardian is agreed on by the parties and approved by the court.
(d) On finding good cause, the court may appoint a person included on the applicable list whose name does not appear first on the list, or a person who meets statutory or other requirements to serve on the case and who is not included on the list, if the appointment of that person as attorney ad litem, guardian ad litem, mediator, or guardian is required on a complex matter because the person:
(1) possesses relevant specialized education, training, certification, skill, language proficiency, or knowledge of the subject matter of the case;
(2) has relevant prior involvement with the parties or case; or
(3) is in a relevant geographic location.
(d-1) The court may appoint a person included on the applicable list whose name does not appear first on the list or a person who meets statutory or other requirements to serve and who is not included on the list if, within 30 days preceding the date of appointment, an initial declaration of a state of disaster is made for the area served by the court.
(e) A person who is not appointed in the order in which the person's name appears on the applicable list shall remain next in order on the list.
(f) After a person has been appointed as an attorney ad litem, guardian ad litem, mediator, or guardian from the applicable list, the court shall place that person's name at the end of the list.
(g) In this section, "declaration of a state of disaster" means a declaration made by:
(1) the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
(2) the governor under Section 418.014; or
(3) the presiding officer of the governing body of a political subdivision under Section 418.108.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 1223 (S.B. 1876), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 569 (S.B. 41), Sec. 3, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.37.htm
- Text hash
- sha256 0434a7e6734c85ae405e618517aa4fd90d091424b0561cf774d5ca66d31816d3
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
BenchPath cards that rely on this text
- Denton County Probate Court — Standing Administrative Order SO-2016-00002 on Mediator Appointment Lists (Feb. 24, 2016): Mediator List I (10+ years) and List II (5+ years); quarterly posting; application by letter, State Bar ad litem certificate, resume and profile form; interview; must be in good standing on an ad litem list; out-of-order appointments; removal and restoration on certificate expiration)
- County Court at Law No. 1 First Amended Standing Administrative Order on Attorney and Guardian Ad Litem Appointment Lists
- 229th District Court (Starr, Jim Hogg and Duval Counties) — rules regarding appointment of ad litem attorneys, guardians ad litem, social study investigators and mediators (January 11, 2022)
- Denton County Probate Court — Standing Administrative Order SO-2016-00001 on Attorney and Guardian Ad Litem Appointment Lists (Feb. 24, 2016): two probate and two guardianship lists; quarterly posting; application by letter, State Bar certificate, resume and profile form; interview; knowledge and experience standards; observation of three prove-ups and five court visits for the guardianship list; out-of-order appointments; removal and restoration on certificate expiration)
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