In re Br. M. & Bo. M.Annotate this Case
In 2012, Wendy was sentenced to two years’ imprisonment and arranged for her boyfriend, Mirenda, to care for her six-year-old daughter, Br. Br. came to the attention of DCFS in 2013 based on pending allegations that Mirenda sexually abused a previous partner’s daughters. The court conducted a hearing. Wendy and Assistant State’s Attorney Filipiak were present. Assistant Public Defender Bembnister was appointed as counsel for Wendy, and Assistant Public Defender Drell was appointed as guardian ad litem (GAL) for Br. Proceedings concerning Br. continued for several years.
At a 2018 status hearing, Wendy appeared with a new, privately retained attorney, Drell. Drell’s appearance as Br.’s GAL at three hearings on the 2013 neglect petition before the same judge was not mentioned. In 2019, Drell withdrew and the public defender represented Wendy. The trial court terminated Wendy’s parental rights. The appellate court reversed, holding that a per se conflict existed because Drell served as Br.’s GAL before she served as Wendy’s attorney. Wendy had not raised the conflict-of-interest issue.
The Illinois Supreme Court reversed. A “ ‘realistic appraisal’ ” of Drell’s professional relationship with Br. indicates that Drell was not associated with the victim for purposes of the per se conflict rule when she acted as Br.’s GAL. An allegedly neglected minor is not a victim but “the subject of the proceeding” under the Juvenile Court Act; such proceedings are not adversarial. Drell was never associated with the prosecution. Drell acted at the behest of the court, not the state.