Welcome
The Office of the Managing Inspector General for Fiduciary Appointments investigates allegations of unsatisfactory performance, or conduct incompatible with appointment on the part of individuals who have applied to be eligible for appointment by the court as a fiduciary. The categories of appointment include, but are not limited to: guardians, guardians ad litem, receivers, referees, & attorneys for the child.
About Us
The Office of the Managing Inspector General (“MIG’s Office”) for Fiduciary Appointments was created by the Chief Judge in 2000, as part of a program to reform the fiduciary appointment process. The MIG’s Office for Fiduciary Appointments has the authority to investigate violations of the fiduciary Rules of the Chief Judge, commonly referred to as the Part 36 Rules. See, 22 NYCRR 36.1 et. seq.
Filing a Claim
If you wish to file a formal claim, you should complete a Fiduciary Appointment Claim Form which is located under complaint forms on our homepage. The form should contain as much detailed information as possible.
If you need assistance or have questions regarding the filing of your complaint, please contact our Office at telephone number 646-386-3515.
The completed form, and any other relevant documents, should be sent to:
Office of the Inspector General
Office of Court Administration
25 Beaver Street
Attention: Managing Inspector General for Fiduciary Appointments
New York, NY 10004
Or fax your complaint to 212-514-7158 or via email to ig@nycourts.gov
The MIG’s Office for Fiduciary Appointments will contact you to acknowledge receipt of your claim. Should a formal investigation commence, you will be notified of the name and contact information of the investigator.
The Investigative Process
Serious allegations of a violation of the Part 36 Rules will be formally investigated by a trained professional in a prompt, thorough and impartial manner. At the outset, you will be interviewed. Subsequently, all witnesses who may have relevant knowledge, will be interviewed. The subject of your complaint will also be interviewed. In addition, all relevant documents relating to the subject matter of the investigation will be examined.
Confidentiality
The investigation will be kept confidential to the fullest extent practicable. The MIG’s Office for Fiduciary Appointments is committed to preserving your confidentially. You should be aware, however, that to investigate your claim thoroughly and responsibly, in almost all cases your identity and the nature of your claim will have to be made known to the subject of your complaint and possibly other individuals outside of the MIG’s Office for Fiduciary Appointments.
Findings & Determination
Investigations will also be completed as soon as practicable from the filing of the complaint. Whenever possible, you will be notified about delays.
At the conclusion of the investigation, the Managing Inspector General for Fiduciary Appointments will submit a confidential final investigative report to the Chief Administrative Judge on whether the fiduciary should be removed from the Part 36 eligibility list. See section 36.3(e). The Chief Administrative Judge will notify the fiduciary whether their conduct may warrant removal from the Part 36 eligibility list, whereupon the fiduciary is permitted to submit a response in opposition, usually due within two weeks. Thereafter, the fiduciary will be notified of the Chief Administrative Judge’s final decision. You will also be notified of the determination about your complaint by telephone.
In addition, based on serious allegations and/or pending a final determination by the Chief Administrative Judge regarding a fiduciary’s removal from the Part 36 eligibility list, a fiduciary may be temporarily suspended from receiving new Part 36 appointments. See section 36.3(f).
Referrals
The MIG’s Office for Fiduciary Appointments may also make referrals of certain ethical or legal matters to the appropriate disciplinary and/or other enforcement authorities.
Office Info
Managing Inspector General for Fiduciary Appointments
Milton Yu, Esq.
Office of Court Administration
25 Beaver Street
New York, NY 10004
Phone: 646-386-3515
Toll-free 1-866-FID-3226
Fax: 212-514-7158
Email: ig@nycourts.gov
