A court using a rotation system must usually appoint the first person on the relevant list, but it may depart from that order in listed exceptions.
Sec. 37.004. APPOINTMENT OF ATTORNEYS AD LITEM, GUARDIANS AD LITEM, MEDIATORS, AND GUARDIANS; MAINTENANCE OF LISTS. (a) Except as provided by Subsections (c), (d), and (d-1), in each case in which the appointment of an attorney ad litem, guardian ad litem, or guardian is necessary, a court using a rotation system shall appoint the person whose name appears first on the applicable list maintained by the court as required by Section 37.003. (b) In each case in which the appointment of a mediator is necessary because the parties to the case are unable to agree on a mediator, a court using a rotation system shall appoint the person whose name appears first on the mediator list maintained by the court as required under Section 37.003. (c) The court may appoint a person included on the applicable list whose name does not appear first on the list, or a person who meets statutory or other requirements to serve and who is not included on the list, if the appointment of that person as attorney ad litem, guardian ad litem, or guardian is agreed on by the parties and approved by the court. (d) On finding good cause, the court may appoint a person included on the applicable list whose name does not appear first on the list, or a person who meets statutory or other requirements to serve on the case and who is not included on the list, if the appointment of that person as attorney ad litem, guardian ad litem, mediator, or guardian is required on a complex matter because the person: (1) possesses relevant specialized education, training, certification, skill, language proficiency, or knowledge of the subject matter of the case; (2) has relevant prior involvement with the parties or case; or (3) is in a relevant geographic location. (d-1) The court may appoint a person included on the applicable list whose name does not appear first on the list or a person who meets statutory or other requirements to serve and who is not included on the list if, within 30 days preceding the date of appointment, an initial declaration of a state of disaster is made for the area served by the court. (e) A person who is not appointed in the order in which the person's name appears on the applicable list shall remain next in order on the list. (f) After a person has been appointed as an attorney ad litem, guardian ad litem, mediator, or guardian from the applicable list, the court shall place that person's name at the end of the list. (g) In this section, "declaration of a state of disaster" means a declaration made by: (1) the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.); (2) the governor under Section 418.014; or (3) the presiding officer of the governing body of a political subdivision under Section 418.108. Added by Acts 2015, 84th Leg., R.S., Ch. 1223 (S.B. 1876), Sec. 1, eff. September 1, 2015. Amended by: Acts 2019, 86th Leg., R.S., Ch. 569 (S.B. 41), Sec. 3, eff. September 1, 2019.