Chapter 3 Complaints Against Commissioners

• Library: Manual for Commissioners of Accounts (Virginia CLE) (2019 Ed.)

CHAPTER 3

COMPLAINTS AGAINST COMMISSIONERS

The Standing Committee on Commissioners of Accounts has been charged by the Supreme Court of Virginia with seven functions, one of which is the investigation of complaints against commissioners of accounts. This charge specifically requires the Standing Committee:

To receive complaints and inquiries concerning the performance of commissioners of accounts and to evaluate the complaints and inquiries; attempt to resolve the issues and for any complaint deemed worthy, refer the complaint with or without recommendations, to the chief judge of the circuit court having jurisdiction over the commissioners of accounts, with a copy of the referral being sent to the Chief Justice of the Supreme Court of Virginia.

Based on the complaints received over the years, the Committee observes that they fall into several categories, including:

1. Failure to employ the enforcement tools (e.g., the Summons, the Report to the Court, and the Petition to Show Cause) that are available to commissioners to enforce timely filing of inventories and accounts, which ensures that interested parties are informed as to the progress of administration;

2. Failure to resolve issues or objections by conducting hearings (e.g., on inventories and accounts pursuant to Va. Code § 64.2-1204 or 64.2-1209) with reports to the court to which disgruntled beneficiaries can file exceptions with the court; and

3. Failure to have a viable system to allow lay fiduciaries, attorneys, and accountants to communicate cooperatively with commissioners about the often complicated task of completing filings (e.g., staff reluctance to provide instructional information, failure to return telephone calls, and use of enforcement procedures rather than preliminary communication efforts).

The manner in which a commissioner's office interacts with fiduciaries, beneficiaries, creditors, or other's having an interest in an estate can be instrumental in avoiding a complaint and the additional time, embarrassment, and effort required of a commissioner in resolving it.

Paragraph 2.202 of this Manual describes the duties of a commissioner, which include educating users about the system, and lists a number of aspirational characteristics. These traits include "high quality service"; "a temperament that is patient and understanding, yet firm and impartial"; "an

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ability to deal courteously with the public and fiduciaries of all types" as well as court personnel, attorneys, and the court; and "the ability to find practical solutions to problems."

This chapter contains the "Rules for Addressing Complaints and Inquiries to the Standing Committee on Commissioners of Accounts of the Judicial Council of Virginia." As the introduction shows, these rules were developed pursuant to an additional charge received by the Standing Committee from the Chief Justice of the Supreme Court of Virginia and additional instructions from the...