In Z.F.1. v. Bethanna, the Superior Court heard the Defender Association of Philadelphia’s appeal after a jury found it liable for damages for failing to provide adequate representation as guardian ad litem to two children in foster care. The Defender Association asked the Court to hold that a guardian ad litem should be immune to a legal malpractice action as a “judicial and/or quasi-judicial” entity. The Defender Association conceded that no precedent existed for such a claim, but nonetheless argued that their assertion was a logical extension of prior immunity jurisprudence. The Superior Court disagreed and reminded the Defender Association that the Court is an “error correcting court” and not in a position to make policy decisions. The Court found that the evidence established a breach of care and affirmed the verdicts.
