Tag: Guardian ad Litem

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Request for Public Comment from NY Courts on Proposal to Amend the Uniform Rules for Surrogate’s Court

The Administrative Board of the Courts is seeking public comment on a proposal recommended by the Surrogate’s Court Advisory Committee (SCAC) to amend the Uniform Rules for Surrogate’s Court (22 NYCRR § 207.38) to include additional persons authorized to review in camera disclosures of agreements affecting settlement recoveries.

Background: In 2025, Rule 207.38 for the Surrogate’s Court (and the parallel Rule 202.67 for Supreme and County Court) was amended to require an in camera submission of terms and documentation of interest or fees charged in connection with litigation financing agreements (LFAs). This disclosure applies to petitions for leave to compromise wrongful death actions and personal injury actions involving an infant or judicially-declared incapacitated person. Attorney financing agreements that affect only the attorney, with no impact on an infant distributee’s funds or obligations, are exempt.

The proposal: The SCAC now recommends amending Rule 207.38 to authorize the court to share these in camera submissions with:

  • A guardian ad litem appointed to represent the infant’s interests
  • Any party “objecting to the proposed allocation and/or distribution of such proceeds.”

The SCAC notes that guardians ad litem “perform an important function in the litigation process and are often called upon to investigate the particulars of a settlement and report to the court as to whether the settlement is in the best interests of the ward.” It similarly notes that objecting parties need access to this information “in order to fully articulate their arguments … and to knowingly enter into settlement agreements.”

A copy of the full request for public comment is available on the UCS website here.

Any comments on the proposal should be submitted by e-mail to rulecomments@nycourts.gov or write to: David Nocenti, Esq., Counsel, Office of Court Administration, 25 Beaver Street, 10th Fl., New York, New York, 10004. Comments must be received no later than Friday, August 14, 2026.

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AABANY’s Trusts & Estates Committee Co-Hosts Two-Day Guardian ad Litem Training at New York City Bar Association

The Trusts & Estates Committee of the Asian American Bar Association of New York (AABANY) recently co-hosted a two-day Guardian ad Litem (GAL) training program at the New York City Bar Association. This highly successful event aimed to attract and certify more minority attorneys to serve as GALs, who represent the best interests of children in legal proceedings. Held in person on September 30 and October 1, 2024, from 5:30 PM to 9:00 PM, the comprehensive training followed the Part 36 stipulations of New York State’s Unified Court System. It provided participating attorneys with the essential skills and certification needed to fulfill their roles as GALs in the courts.

In addition to AABANY, the training was co-sponsored by the Caribbean Attorneys Network, Dominican Bar Association, Haitian American Lawyers Association of New York, Jewish Lawyers Guild, Korean American Lawyers Association of Greater New York (KALAGNY), LGBT Bar NY (LeGaL), Metropolitan Black Bar Association, New York Women’s Bar Association, South Asian and Indo-Caribbean Bar Association of Queens, Suffolk County Bar Association, and Suffolk County Women’s Bar Association. This collaboration showed the collective commitment to providing equitable opportunities for minority attorneys in New York’s legal system.

The program was led by a respected panel of surrogates, court attorneys, experienced trusts, and estates attorneys. Participants received detailed instruction on the GAL appointment process, ethical considerations, administration and probate proceedings, SCPA 17-A guardianship, kinship hearings, accounting proceedings, and the role of GALs in Supreme Court and other courts. The training materials included outlines and sample GAL reports to prepare attendees for future assignments.

Participants appreciated the accessibility of the training, which was offered at a fraction of the usual cost. Co-sponsoring organization members were charged $99, which is significantly lower than typical CLE rates for similar training programs and usually scheduled during work hours. The CLE achieved its objective of greater minority representation among Guardians ad Litem, an important and impactful step toward diversity in the legal profession. 

With over 60 participants, the event successfully created a more inclusive and diverse group of certified GALs. The feedback from attendees and faculty was overwhelmingly positive, with many noting that they had never seen a program with such extensive participation from court professionals, including seven surrogates addressing the ethical components. Surrogate Rita Mella and the Trusts & Estates Committee achieved their goal, providing minority attorneys a crucial step toward greater diversity of professionals serving in New York’s legal system.

Thanks to the Trusts & Estates Committee for organizing this important and impactful program aimed at advancing diversity and inclusion in the Surrogates’ Courts of New York. To learn more about the Trusts & Estates Committee and how you can get involved, go here.

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