SUMMARY: A guardian ad litem appointed in a criminal proceeding cannot file a petition to adjudicate the child in juvenile court.
On January 30, 2003, the county court appointed a guardian ad litem for Valentin, who was charged with criminal impersonation. On February 20, the GAL filed a petition in the county court, sitting as a juvenile court, alleging that Valentin is a juvenile within 43-247(3)(a). At the time, Nebraska allowed any reputable person to file a petition pursuant to 43-271(1)-(4) with the consent of the county attorney. The State filed a motion to quash the GAL’s petition; the court denied the motion and adjudicated Valentin on April 22, 2003, and the State appealed.
The Nebraska Court of Appeals reversed the adjudication. Though the statute at the time of the petition allowed any reputable person to file a petition in juvenile court, the statute also required the consent of the county attorney to do so. Here, the GAL did not have the county attorney’s consent. A separate statute did allow GAL’s to file petitions in juvenile court, but did not address this type of petition, so the more specific statute addressing petitions filed under 43-271(3) applied. Additionally, the GAL was not appointed by the juvenile court; therefore, the GAL did not have the power to represent Valentin in a different court of tribunal. The Nebraska Legislature later amended the statutes so only the county attorney can file a petition pursuant to 43-271(1)-(4).