Kennedy v. State

[¶ 1] The State appeals from a judgment entered in the Superior Court (Sagadahoc County, Delahanty, J.) affirming a consent order entered in the District Court (W. Bath, Field, J.) awarding to Mary-Gay Kennedy her attorney fees and costs incurred in defending claims against her in her capacity as a guardian ad litem in custody proceedings. The State contends that the Superior Court (Cumberland County, Brennan, J.) erred in concluding that a guardian ad litem in a custody proceeding is a State employee as defined by the Maine Tort Claims Act (MTCA) and therefore entitled to a defense by the…