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Evans v. Luebke9/25/2003
. Attorney Hazel Washington appeals money judgments entered against her in favor of each of four minors whose interests she represented as guardian ad litem with respect to personal injury settlements. She also appeals two related judgments in favor of the children's successor guardian ad litem, Theodore Hodan, for his fees in obtaining the judgments for the recovery of the minors' settlement funds. Finally, Washington challenges orders that vacated provisions in the original minors' settlement orders that approved her claims for attorney fees for representing the minors in the underlying personal injury claims.
. Washington claims the circuit court erred in entering the judgments and orders against her because: (1) she is immune from liability for professional negligence while serving as a guardian ad litem; (2) the circuit court lacked jurisdiction over her; (3) the circuit court violated her right to due process; (4) the minors suffered no damages because the money removed from their bank accounts was used for their benefit; (5) the circuit court failed to make factual findings; (6) the circuit court failed to identify a basis for vacating its prior approval of her attorney fees for representing the minors; and (7) the circuit court lacked authority to order her to pay the successor guardian ad litem's attorney fees.
. We conclude that the circuit court had the authority to sanction Washington for contempt if she in fact disobeyed a court order. We also conclude, however, that the circuit court violated Washington's right to due process when it failed to conduct an evidentiary hearing or make findings of fact before entering the appealed judgments against her. We further find no basis in the present record for the circuit court's action in vacating its earlier approval of Washington's fees for procuring the personal injury settlements for the four minors. Accordingly, we reverse and remand for further proceedings.
BACKGROUND
. Washington negotiated settlements on behalf of four minors injured in an automobile accident. She was then appointed the minors' guardian ad litem for the purpose of obtaining court approval of the settlements. The circuit court approved the settlements as well as Washington's attorney fees for services she provided in pursuing the personal injury claims. The circuit court also ordered that Washington's attorney fees and various subrogated claims be paid out of the settlements. The remaining balances were ordered to be placed "in a restrictive trust at any bank, savings and loan institution or like institution; said account is to be restricted in that funds shall not be withdrawn from said account until the minor child ... reaches the age of 18 or by court order."
. Shortly thereafter, the circuit court learned that the money was not placed in restricted accounts and that the balances had been partially or completely withdrawn. The circuit court scheduled at least two status conferences with Washington and the minors' mothers but much of what occurred at them was not reported. Washington informed the court at the second conference that the minors' mothers had withdrawn the funds to purchase clothing and blankets for the children. The circuit court declined to take testimony from the mothers and said that it would refer the matter to the district attorney's office and appoint a referee to further investigate the matter, but the record does not reflect whether either step was taken. The next day, however, the circuit court appointed Hodan to replace Washington as guardian ad litem for the four minors.
. Hodan filed motions on behalf of all four minors requesting the circuit court to order Washington to person
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