Collins on Behalf of Collins v. Tabet

OPINION

MONTGOMERY, Justice.

The court of appeals certified this case to us as involving the following question of substantial public interest:1 “As guardian [ad litem], was Tabet acting as an arm of the court, cloaked with quasi-judicial immunity?” We answer: It depends. It depends on whether Tabet truly was appointed, and acted pursuant to that appointment, primarily as “an arm of the court,” or whether his appointment as guardian ad litem constituted him, and he acted, primarily as an advocate representing the interests of his ward without responsibilities delegated to him by the appointing…