Scott Petitions To Appoint Karellen As Guardian Ad. Litem.

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In legal cases involving minors, a Guardian Ad Litem (GAL) is appointed to oversee the proceedings since children cannot legally initiate or pursue their own cases in court. The role of the GAL is to safeguard the rights of the minor and, if applicable, the parents, ensuring the child's interests are protected during the legal process. Scott Kocher, upon taking on the case, appointed Karellen to this role.

Karellen discusses this appointment in her book. Note that as soon as Scott Kocher became aware of the details of the case, he was obligated under ORS 419B to report the incident to law enforcement—a duty seemingly neglected, similar to the actions of Stephen P. Riedlinger. 

"And November 17th also happened to be the same day that Scott called me up and told me that Aimee and Todd were being difficult and that he was advising that we file a lawsuit. This was just one headache after another.  

Whatever Scott thought we should do.  I was in no frame of mind to be making any real decisions.  He said that in order to move forward with Qadira’s case that she needed a “guardian ad litem” and that I had to fill that role." (Pg. 58)

"He told me that I would be the main person responsible for making decisions in Qadira’s case but he would be there guiding me.  I wasn’t even sure what he was talking about but I was willing to do anything to help Qadira.  Scott was a smart Harvard educated lawyer and I hung on his every word.  

He said he didn’t think Renee was a suitable candidate for the job because of his dispute with Nike.  Yes Scott knew everything about everything.  Sometimes he would just call to talk and see how we were.  We trusted him wholeheartedly."  (Pg. 58)

Furthermore, there are significant legal concerns regarding the actions of Multnomah County Court and the application of the law during this period:

• According to the 2005 Oregon Revised Statutes, section 419B.231, Karellen did not meet the qualifications required for the position of GAL.

• Section 419B.234 states that the court must conduct a hearing regarding the appointment of a GAL. This procedure was bypassed when Judge Dale R. Koch approved the petition on the same day it was filed.

However, it is important to note that the legal requirements for GAL appointments in delinquency and guardianship cases do not apply to personal injury cases. Therefore, appointing a parent as a GAL in such cases is not illegal, though in the case of Stephens v. McQuiston, it was arguably inappropriate because had the mandatory reporting system worked, Qadira would have been a suspected victim of child abuse.

Karellen lacked experience with the legal system, child abuse litigation, and family law. A competency hearing could have revealed her lack of qualifications, focusing on:

• Best Interests of the Child: The primary consideration is always the best interests of the child. The court will appoint a GAL to represent the child's interests and ensure that their needs are adequately addressed throughout the legal proceedings.

• Qualifications and Experience: The GAL should be someone who is qualified to represent the child's best interests effectively. This may include attorneys with experience in family law, juvenile law, or personal injury law, particularly those with a focus on representing children.

• Independence and Impartiality: The GAL should be independent and impartial, meaning they do not have any conflicts of interest and can provide unbiased representation for the child. The court will assess whether the GAL can represent the child's interests impartially.

• Communication and Advocacy Skills: The GAL should have strong communication and advocacy skills, as they will be responsible for gathering information, assessing the child's needs, and making recommendations to the court. They should be able to effectively communicate with the child, as well as with other parties involved in the case.

• Court Approval: The appointment of a GAL typically requires court approval. The court may hold a hearing to consider the appointment and may consider input from the child, parents, attorneys, and other relevant parties before making a decision.

• Cultural Sensitivity: The GAL should be sensitive to the cultural background and needs of the child, especially in cases involving children from diverse or marginalized communities.

Despite these concerns, the case proceeded without a hearing to assess Karellen’s competency. Furthermore, Scott Kocher's had instructed for Karellen not to communicate with Todd Burkholder or Aimee McQuiston hindered her ability to gather crucial information, leaving her unprepared by the time of the trial.