The Office of Chief Disciplinary Counsel (OCDC) said it would not investigate 10 court-appointed guardians ad litem and two attorneys despite allegations that they violated Missouri law.
“Respondent asserts that it is not required to investigate Relator’s complaints against GALs because it is in Respondent’s discretion who and what to investigate pursuant to Rule 5.08(a),” stated OCDC staff counsel. “Respondent maintains that per Rule 5.08(a), Respondent “may investigate any such matter alleged to have been committed,” but certainly is not obligated to do so.”
The OCDC announced its decision not to investigate in its reply to a Petition for writ of mandamus filed by attorney Evita Tolu with the Missouri Supreme Court.
“The mandamus is not really about me,” Tolu said. “It's about accountability for parents and children who have no remedy or way to deal with guardians ad litem who violate Missouri law, court orders, and Rules of Professional Responsibility. The bigger goal was to make sure that guardians ad litem are held accountable for what they do to Missouri children whose parents are divorcing.”
Tolu filed the lawsuit against OCDC after GAL Allyson Brown filed an ethics complaint against her, but the Missouri Supreme Court has yet to rule on the mandamus, which includes Tolu's request to replace OCDC investigators with a panel of neutrals due to an appearance of a conflict of interest.
The OCDC alleges in its reply brief that Tolu does not have a right to disqualify OCDC investigators.
But Tolu argues that the OCDC is an administrative agency created by the Supreme Court of Missouri.
"Case law states that when an administrative agency is biased, they must disqualify themselves upon proper applications, which I made numerous proper applications for them to disqualify themselves,” Tolu told the St. Louis Record. “People who are in charge of investigating this complaint on the OCDC committee acted in support of doing an illegal search of my computer.”
The OCDC also stated that Tolu did not file the 12 complaints properly and that she has no standing because she does not have a personal stake in the outcome.
“I will refile the complaints and I personally did sustain injuries,” Tolu added. “My first injury is when Elaine Pudlowski disclosed my HIPAA-protected documents to my children in violation of seven court orders and the second injury is Allyson Brown’s false complaint against me. These are very significant injuries that I sustained. My license to practice law is now in jeopardy.”
As previously reported in the St. Louis Record, Tolu sued attorney Elaine Pudlowski after losing custody of her children when Pudlowski served as GAL on Tolu’s divorce.