Smith v. Doe
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The Supreme Court affirmed the judgment of the court of appeals reversing the opinion and order of the circuit court which upheld the district court's entry of an interpersonal protection order (IPO) between an eleven-year-old petitioner and a thirteen-year-old respondent, holding that any IPO hearing involving either a minor petitioner or respondent must be made confidential by the presiding court.
Jane Smith filed a petition for an IPO on behalf of her eleven-year-old son, Brian. The respondent was John Doe, age thirteen. The district court entered an IPO against Doe, and the circuit court affirmed. The court of appeals reversed on several grounds. The Supreme Court affirmed, holding (1) the court of appeals erred in holding that the general division of the district court lacked subject matter jurisdiction to preside over this case; (2) a guardian ad litem must be appointed to unrepresented minor petitioners and respondents in IPO cases; and (3) it was reversible error for the district court to permit Doe's mother to represent Doe in lieu of appointing a guardian ad litem to represent him.
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