Michelle F. Lynch: Changing Children’s Lives As A Guardian ad Litem Program Attorney
Picture 17,139 children.
Can you see them?
Maybe you have one child’s face in mind.
Each one has a story. Each one has a name, a favorite color, a birthday. Each one has hopes and dreams.
Imagine that one of these children suddenly finds themselves in difficult circumstances. They wake up one day, only to hear they are being removed from their home, with no idea what will happen next.
A child in this situation needs legal representation.
Now, imagine a person who comes alongside one of these children to help them in their time of need. This is what it means to be a Guardian ad Litem: to represent a child in an abuse, neglect, or dependency proceeding, and to support them throughout this process. Thanks to the many attorneys and volunteers who serve in the NC Guardian ad Litem (NCGAL) Program, it has made a difference to many children in North Carolina – to 17,139 child clients in 65,625 completed hearings during the 2023 fiscal year.
Five thousand and thirty GAL volunteers were a part of the program in 2023.
The NCGAL Program, by statute, must provide legal representation to the child – this is the role of the attorney advocate – and the program must also report to the court as to the best interests of the child – this is the role of the trained child advocate volunteer.
The NCGAL Program is housed within the North Carolina Administrative Office of the Courts. Led by Lorrie L. Dollar, NCGAL Administrator, the program is comprised of a team of attorneys and staff who support the mission to represent children in North Carolina. Michelle Lynch is one of the staff attorneys with NCGAL. An advocate for children, she has served with the program since 2019. She has practiced law for 23 years and has extensive experience in appellate litigation.
Michelle Lynch
How does the NCGAL Program help children in abuse, neglect and dependency proceedings across the state, and why are volunteers especially needed?
In the following interview, Lynch describes the NC Guardian ad Litem Program, outlines her work as an advocate for children, and encourages others to become a volunteer with the program and to make a difference in a child’s life.
In 2017, Lynch began doing pro bono appellate representation for NCGAL.
Two years later, she received an email that would change the course of her career trajectory.
When she read that the NCGAL Program needed more attorneys, she began to think about what it might look like if she were to take on a new role by joining the agency with the Administrative Office of the Courts.
Lynch, who had previously clerked at the North Carolina Court of Appeals from 1999 to 2000, says she enjoyed being a part of that group of attorneys, and she was drawn to the idea of working with the NCGAL team for similar reasons.
Not long after, she saw the attorney position posted with the NC Guardian ad Litem state office.
“One of the primary responsibilities of the position was appellate litigation, and I just thought, Wow. This would really fit in with what I want to do,” says Lynch.
“The private practice of law is certainly enjoyable, but there’s just a difference when you are working for the good of the community. The community we represent are children in abuse, neglect and dependency (AND) proceedings. So, I was excited to join them, and I’ve really enjoyed my work ever since I’ve been here.”
Given her background and skillset, the position was the perfect one. It reconnected her with a cause close to her heart.
When she was a student at the University of South Carolina School of Law, Lynch served as a volunteer GAL. Now, years later, she recalls the experience as a life-changing one because it opened her eyes to how the program can make a difference in a child’s life.
“These children really need good representation, and it’s very fulfilling knowing you’re helping a child in difficult circumstances,” she says.
“It’s very important to have someone who has the child’s best interest at heart, who talks to the child about their feelings and wishes. And, basically, that’s what we do with our child advocates and our attorneys. Our attorneys represent and protect the legal rights of the child. The duty of the child advocate volunteer is to investigate everything relevant to the child’s situation and report to the court what they believe is in the best interests of the child in regard to their permanency plan. We also report the child’s wishes to the court, if the child is old enough to express them.
“We want the court to know the child’s wishes, and, basically, what we think is best for them. DSS and the parents also make recommendations. Sometimes the NCGAL recommendation is in accordance with those recommendations, but sometimes they differ altogether or on different points.”
Lynch arguing a case before the North Carolina Supreme Court in 2023.
Being an NCGAL attorney has helped her to be a voice for the program and for the children across the state who need advocates. She enjoys providing answers to questions people might have about the program itself or about getting involved.
To create awareness about the NCGAL Program, Lynch authored a post featured on NCBarBlog, one that was recognized as one of the top five pieces read on the blog in 2023. In it, she provides an overview of the program and the steps one would take to volunteer, either as an attorney or as an individual.
“One of the reasons I wanted to write that article is because a lot of people do not know exactly what we do and how we’re different from other types of guardians at litem.”
As she writes in the piece, the North Carolina General Assembly created the Office of GAL Services 41 years ago, in 1983. The program was established after the federal government passed the Child Abuse Prevention and Treatment Act (CAPTA) in 1974. As a result of CAPTA, when a state receives federal funds allocated for preventing child abuse and neglect, the state is required to offer each child in an abuse or neglect proceeding a trained GAL. In 1994, the program completed the mandate to have an office in each judicial district in North Carolina.
One thing to note about the NCGAL Program, and one she shares in the blog post, is that the attorneys and volunteer advocates appointed by the North Carolina Guardian ad Litem Program only represent children in abuse, neglect, or dependency proceedings, or in termination of parental rights proceedings, according to Chapter 7B, Subchapter 1 of the North Carolina Juvenile Code.
In our conversation, Lynch points out two other key details about the program.
The first is the NCGAL Program is an office within the NC Administrative Office of the Courts. The second is that under North Carolina law, each child is entitled to an attorney advocate and a child advocate.
“I think sometimes people think, oh, that’s a volunteer organization, and they don’t realize we are a legal agency that represents children, and our volunteers are child advocates who play an important role. And one reason it was set up that way, in North Carolina and other states, is when you have a volunteer, they are not being paid. They are donating their time to do this, and, the hope is that avoids any type of indication of bias by them. The volunteer child advocates are to provide an independent, unbiased voice to assist the court in determining what is in the best interests of the child.”
Child advocate volunteers are needed in every county of the state. To be a volunteer child advocate, a law degree is not required; volunteers must pass a criminal background check, take 30 hours of intensive training and interview for the role.
“Being a child advocate volunteer is great experience for people who are interested in any legal-related career, such as an attorney, social worker, or even a judge,” says Lynch, “because you get some good experience, such as seeing how our cases are tried. We also welcome law student or college student interns, and some have become NC Guardian ad Litem volunteers or attorneys.”
What are her primary responsibilities with the NCGAL program?
As an attorney on staff, her primary role involves representing the child and the NCGAL Program in appeals to the N.C. Court of Appeals and N.C. Supreme Court. In 2023, the NCGAL Program had 219 appeals. In some instances, Lynch may represent the child in several court appeals. She shares that some cases are assigned specifically for attorneys on staff, while other cases are given to volunteer “pro bono” attorneys. Lynch pointed out that attorney volunteers are especially needed for appellate representation, as she shares that they “usually have more appeals than can be covered by staff.”
Beyond her role in appellate cases, Lynch also works alongside the NCGAL legal team to teach and train trial and appellate attorneys who work for the Program or take on pro bono cases. The office provides training for both groups of attorneys through a statewide meeting, where the legal team present to the entire staff. In separate trainings, the legal team provides an internal CLE for all their attorneys: one in the fall for attorney advocates in the NCGAL district offices, who represent children in the trial court, and one for appellate attorneys, usually held in the spring.
Lynch, left, with legal team members Hope Wertz and Brittany McKinney at the statewide meeting.
Lynch also steps in by practicing in trial court when an attorney is needed. She enjoys practicing appellate law and representing children in trial court, because they each provide different perspectives and opportunities to help children in North Carolina.
“Doing both appellate work and trial work complement each other because you see how certain things interact, such as how a statute is applied in the trial court and how I can use this information in an appeal. Also, when you go to trial court, you’re more directly involved with the people,” says Lynch.
“In appellate work, we review the transcripts and records, and we write briefs. We don’t usually have personal involvement like you do in trial court. The only time we go to court in appellate work is if there’s a hearing in the trial court, which is very rare, or an oral argument at the NC Court of Appeals or Supreme Court. Since I’ve been with the NCGAL Program, I’ve had six oral arguments, and four of those were at the NC Supreme Court.”
“I also enjoy the other parts of my work, such as reviewing policy when laws are being discussed or suggested in our area, or assisting the NCGAL districts with issues that arise,” she says.
She shares more about the volunteer child advocates and staff, who work together on the program’s high number of cases so that children in the state can have the representation that they need.
“Ideally, you have a child advocate volunteer for every child, and if you have an entire family involved, that advocate may represent all the children in the family, unless there is a conflict among the children. Sometimes siblings are separated by having different placements, and that can be hard, especially if they’re not nearby.
“In most counties, we do not have enough child advocate volunteers for all the cases. When this happens, our staff members step in and take that role, and they’re invaluable. They do a great job! But it is hard for staff to take on a lot of cases as the child advocate because they are managing multiple cases. It is always better to have that voice of a child advocate volunteer.”
Sometimes, Lynch’s work can be challenging because of the difficult situations children are facing.
“In one case, an appeal I’m working on right now, it was noted that after the children were removed due to some circumstances in the home, their parents never visited them, ever,” she says.
“And that just really breaks your heart when you read things like that, or when you’re in court, and you hear the testimony. They may not have relatives who can care for them after they have been removed from their home. The goal is to find someone in their family or who has some type of kinship to them. And, thankfully, there are lots of relatives and foster parents who step up. They all are very important to help take care of these children who often have nowhere to go.”
The challenges are real, but Lynch has experienced the rewards of serving as an advocate, and one of those is seeing a child return home.
“Ultimately, we want all children to go back to their parents if the parents make the effort to correct conditions that led to their children being in DSS custody. That’s the best resolution. And I have been in court where we had reunification, and that is just a wonderful day. We all love that. It’s so great to see these parents correct whatever issues they had,” she says.
“In appellate work, you rarely are dealing with reunification, unless there has been a reunification with one parent and the other is appealing. Our appeals usually involve a parent appealing an adjudication of abuse or neglect, removal of reunification from the child’s plan, or termination of parental rights.
“This is one reason I like to go to trial court when I get to fill in because I sometimes see happy outcomes, as far as parents making progress and reuniting with their children.”
Seeing the good that can come from serving others is something Lynch has experienced in her role as a GAL and in other areas of her life. A mom to two daughters, she has been a Girl Scout leader and a volunteer for her church’s youth group. She also has served as a volunteer with Special Olympics. Within the NCBA, she has served on the JJCR Council since 2020 and is the 2023-2024 chair of the Juvenile Justice & Children’s Rights Section.
The Guardian ad Litem legal team pictured at a holiday lunch. From left, Brittany McKinney, Katelyn Kelly, Hope Wertz, and Reggie O’Rourke. From back right, Michelle Lynch, Lorrie Dollar, and Matt Wunsche.
For Lynch, the opportunity to connect with fellow members of the bar is one of her favorite things about being an NCBA member.
Her role with the NCBA has provided her with opportunities to connect with law students and young lawyers and to mentor them. For example, from reading about Lynch’s work with the NCBA, a law student at the University of South Carolina reached out to her to learn more about her work, and Lynch was able to discuss resources and options for a career in child welfare law. The JJCR Council recently welcomed a law school graduate who is interested in a career in juvenile representation. In her job, Lynch has helped supervise law student interns, who assist the state office legal team in all their duties.
“We’ve had several interns who were drafting briefs by the end of their internship. It was great to see their progress. We try to give them the full view of what we do, including attending oral arguments at the appellate courts and child welfare hearings with our trial attorneys in district offices.”
She hopes that by speaking about her role and investing in others, she may help draw future attorneys to a career in public interest law.
“I don’t think this is a field that gets a lot of attention, as law schools have few courses in this area. We don’t often hear: ‘I definitely want to do that when I get out of law school.’ Child welfare law is a great practice area for new attorneys who are drawn to public service but do not see themselves in the criminal law arena. There are many opportunities for practitioners to represent the children, social service agencies or the parents. We are out here, and we could really use you. We could always use more good people.”
Bringing more people to the field of law, especially to the area of juvenile justice and children’s rights law, is personally meaningful to her. Several of her family members had careers in public education, and this had an impact on her choosing a career where she worked for the good of others. For Lynch, her passion for helping others took her not to education but to the law, and she was the first person in her family to go to law school and become an attorney. Her father had been encouraged to go to law school, but he chose education. That inspired her, along with her desire to give back.
She reflected on being a first-generation attorney during the NCBA 2023 annual meeting, where during the Legal Legends of Color event, she was inspired by each of the honorees.
“My co-clerk at the Court of Appeals, the present Judge Karlene S. Turrentine, had nominated one of the honorees and invited me to attend. I had never been to that event before, and each of the honorees’ stories was unique and very interesting to me. I noticed they all spoke about how much family support was vital to their success. I don’t think any of them had an attorney in their family prior to them, and I related to that, as I was the first one in my family to become an attorney. While I can only hope to accomplish a small fraction of what each of them have, it felt good knowing that you can accomplish so much with hard work and determination, and without a family background in the law. I so appreciated the honorees and their families speaking. It was truly inspiring for everyone.”
Lynch continued, “I think the NCBA really helps to bridge the gap, you can learn so much from those with more experience, and not just from CLEs. There are many other events. Our JJCR section sponsored a Zoom presentation in October on legislative changes that affected transgender youth, and it was open to all NCBA membership.
“We plan to have several more Zoom presentations this year on a variety of topics, including juvenile appeals and mental health issues involved in representing juvenile clients. As chair of the JJCR Section, I have really enjoyed attending the NCBA Board of Governors’ and Bar Foundation meetings, I’ve learned so much about the NCBA but also issues affecting all attorneys in every practice. I was recently selected to be on the NCBA E-courts Task Force, and our goal is to get feedback from attorneys on issues they are having with e-courts, and work with the Judicial Branch to help find solutions to any problems people are having in their practice.”
She hopes that by her example, she inspires a future generation to work in her field.
Lynch argues before the North Carolina Supreme Court, including from left, Associate Justices Richard Dietz, Philip Berger Jr., and Mike Morgan.
Too, Lynch is thankful for the encouragement of people around her in recognizing the work of NCGAL child advocate volunteers. Last year, Chief Justice Paul Newby declared the month of April as Guardian ad Litem Volunteer Appreciation Month.
“I really appreciate Chief Justice Newby. He has been very supportive of our program and has spoken at our statewide meeting for the past several years. Also, AOC Director Ryan Boyce and NCGAL Administrator Lorrie Dollar. They have both done so much for our program overall, and I especially appreciate the support and additions to our legal team. Reggie O’Rourke and Matt Wunsche lead our state office legal team, and they are great. Altogether, you couldn’t ask for better leadership. They are all very committed to their work and to NGGAL.”
How can you get involved with the program?
Lynch encourages anyone interested in joining the NC Guardian ad Litem Program, either by becoming an attorney advocate or a child advocate volunteer, to contact the office at [email protected] or at 919-890-1250.
“As a pro bono volunteer, you don’t have to devote your entire career to it, but I think it would be very personally rewarding knowing that you’re representing a child during one of the most vulnerable points in their life, a child who really needs help.”
While there are some challenges, the rewards are evident.
“You do get into very personal details about a child and the family,” she says.
“But ultimately, attorneys help solve problems and help work out things. And I think this is a great area especially for someone who is interested in helping children and helping these families be reunited. And, if reunification with the parents is not possible, helping a child get a good home and good start in life is also very rewarding.”
Jessica Junqueira is communications manager for the North Carolina Bar Association.