No. 24-1033

Maria Del Rosario Chico Vietti, Individually and as Parent and Next Friend of A. R. V., P. F. V., and H. S. V., minor children v. Welsh & McGough, PLLC, an Oklahoma Professional Limited Liability Corporation, et al.

Lower Court: Tenth Circuit
Docketed: 2025-03-28
Status: Denied
Type: Paid
Response Waived
Tags: child-best-interests court-appointed-role due-process guardian-ad-litem quasi-judicial-immunity state-actor
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2025-05-29
Question Presented (AI Summary)

Whether a guardian ad litem violates due process by acting outside her statutory duties and advocating for one parent over another

Question Presented (OCR Extract)

1. Does a guardian ad litem violate due process in acting outside the scope of her duties for the child’s best interests when acting in contravention of state law? 2. Is a guardian ad litem entitled to quasi-judicial immunity when she acts outside the scope of her duties in acting for the child’s best interests and instead advocates for one parent over the other? 3. Does a court-appointed therapist violate due process in acting outside the scope of her duties in acting for the child’s best interests when acting in contravention of state law? 4. Is a court-appointed therapist entitled to quasijudicial immunity when she acts outside the scope of her duties in acting for the child’s best interests and instead advocates for one parent over the other? 5. Are guardian ad litems state actors when their duty is to the Court, not the individual?

Docket Entries

2025-06-02
Petition DENIED.
2025-05-13
DISTRIBUTED for Conference of 5/29/2025.
2025-04-23
Brief of JAMIE VOGT, LPC in opposition submitted.
2025-04-23
2025-04-07
Waiver of WELSH & MCGOUGH, PLLC and CATHERINE WELSH of right to respond submitted.
2025-04-07
Waiver of right of respondents WELSH & MCGOUGH, PLLC and CATHERINE WELSH to respond filed.
2025-03-26
Petition for a writ of certiorari filed. (Response due April 28, 2025)

Attorneys

JAMIE VOGT, LPC
Paige Nicole SheltonConner & Winters, LLP, Respondent
Jamie Vogt, LPC
Paige Nicole SheltonConner & Winters, LLP, Respondent
Maria Del Rosario Chico Vietti
Donald Eugene Smolen IISmolen Law, PLLC, Petitioner
Donald Eugene Smolen IISmolen Law, PLLC, Petitioner
WELSH & MCGOUGH, PLLC and CATHERINE WELSH
Melanie Wilson RughaniCrowe and Dunlevy, P.C., Respondent
Welsh & McGough, PLLC and Catherine Welsh
Melanie Wilson RughaniCrowe and Dunlevy, P.C., Respondent