Opinion 05-67

July 11, 2005

         This is in response to your inquiry (05-67) in which you ask whether under Part 36 of the Rules of the Chief Judge you may accept appointments as a court evaluator or a guardian under Article 81 of the Mental Hygiene Law.

         The limitations on service in various fiduciary capacities, as set forth in Part 36, specifically apply to all judges. 22 NYCRR 36.2(c)(1). Authority to serve, therefore, is dependent upon whether any of the exemptions specified in section 36.1(b) are applicable. In particular, section 36.1(b)(3) states that service is permitted if it is without compensation.

           Should you seek further information in this regard, we suggest that you contact Carol Hamm, Esq. (Tel. No. 646-386-3508) of the Inspector General’s Office of the Unified Court System, which oversees the fiduciary appointment system established in Part 36.