Grady Tracy v. Theresa Dennie

Summary

The court affirmed the custody order, holding that the circuit court did not abuse its discretion by admitting the attorney ad litem’s report over hearsay and professional-conduct objections. The court reasoned that Administrative Order No. 15 requires the attorney ad litem to investigate, present relevant facts, communicate the child’s wishes, and make recommendations, making the report admissible even if portions could otherwise be viewed as hearsay; it also held that Rule 3.7 did not apply because the attorney ad litem neither testified nor was shown to be a necessary witness. Justices Goodson, Baker, and Brown concurred, but each expressed disagreement with or reservations about the majority’s hearsay analysis.