2015 IL App (2d) 150171
Ill. App. Ct.2015Background
- Patrick Davidson (plaintiff), individually and as next friend of his minor daughter Faith, sued Thomas H. Gurewitz (defendant), the court‑appointed child representative in the parents' dissolution proceeding, for legal malpractice and breach of fiduciary duty.
- Gurewitz was appointed August 10, 2010; the parties entered a parenting agreement resolving Faith's interests on October 1, 2012, but posttrial activity continued.
- Plaintiff alleged Gurewitz exceeded his child‑representative role by cross‑examining about finances, preparing a written closing argument on financial issues, filing a posttrial response, and effectively advocating for the mother.
- Defendant moved to dismiss under 735 ILCS 5/2‑619(a)(9), asserting absolute immunity for actions taken in the role of a court‑appointed child representative.
- The trial court granted dismissal and allowed leave to amend; plaintiff never amended and the dismissal was ultimately entered with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a court‑appointed child representative is absolutely immune from civil suit for acts done in that role | Gurewitz acted beyond his role and after the parties resolved the child's issues, so his conduct falls outside any immunity | Absolute immunity applies to child representatives for acts within their court‑appointed duties, shielding them from suit and harassment | The court held Gurewitz is absolutely immune for acts related to his duties as child representative; dismissal under §2‑619(a)(9) affirmed |
Key Cases Cited
- Oliveira v. Amoco Oil Co., 201 Ill. 2d 134 (Illinois 2002) (distinguishing legal‑sufficiency challenges under section 2‑615)
- Cooney v. Rossiter, 583 F.3d 967 (7th Cir. 2009) (recognizes absolute immunity for child representatives to allow candid advocacy and protect courts' fact‑finding)