Christina C. Forbes, the permanent guardian for ward Ayo Grooms, appeals from the trial court’s order granting in part her motion for enlargement of time
I.
Appellant became Ms. Grooms’ general permanent guardian on August 4, 2005, replacing Ms. Grooms’ mother. As guardian, one of appellant’s statutorily imposed duties was to file a semi-annual report on the “condition of the ward and the ward’s estate.” D.C.Code § 21-2047(a)(5). After becoming guardian, appellant failed to file the report timely on twelve occasions. Because Ms. Grooms has no assets or estate, appellant’s compensation for services provided is drawn from the Guardianship Fund, a taxpayer-funded source established by D.C.Code § 21-2060(b). From 2005 to 2008, appellant filed three separate petitions for compensation; her third petition, filed in November 2008, covered a three-year period and was untimely,
On October 6, 2013, appellant again filed a motion for enlargement of time in which to petition for compensation. The accompanying petition sought $13,029 for services rendered and expenses incurred from August 20, 2008, to August 23, 2013. In support of her motion, appellant asserted “what she generally always says in defense of delays in filing compensation petitions,” ia, that “the day to day work of serving the needs of her wards and clients takes priority over preparing and filing petitions for compensation.” Appellant attested to having carried a “large caseload,” but noted that she “was working mightily to reduce the delay in filing.”
The trial court granted appellant’s petition “only in part,” ruling that it would “consider one year of counsel’s petition for
ii.
This court has jurisdiction to review the compensation order. See In re Orshansky,
A “run of the mill situation[ ]” involving untimeliness, however, does not give rise to excusable neglect. Admasu v. 7-11 Food Store # 11731G/21926D,
We consider first, as did Judge Wolf, the “danger of prejudice to other parties.”
Moreover, as Judge Wolf had explained in Waller, supra note 6, Super. Ct. Prob. R. 308(d) & (e) “afford[ ] ongoing supervision of fees and expenses rather than passing upon huge requests that may come years later”; the rule permits “the parties, and the court, [to] focus on [and question, if necessary,] fee requests that are more contemporaneous with the events giving rise to them, and the parties accordingly may be given guidance on future fees and expenditures.” See also District of Columbia v. Jackson,
Second, the five-year delay prompting appellant’s motion for enlargement of time was exceptional. When she filed the motion, the multiple requests for compensation subsumed within it were all untimely but for one, some by as much as several years. Appellant’s response to this delay is to point to multiple probate “filings ruled on in 2013” in other cases, where compensation requests were approved in the face of delays as long as six years and ten months. But those instances elsewhere of the court tempering justice with mercy do not demonstrate an abuse of discretion by Judge Wolf. The earlier delays in this case, as appellant admitted, stemmed from her voluntary decision to carry a large number of cases, an issue plainly within her “reasonable control.” Yates,
Finally, appellant argues that the judge failed to make a finding of bad faith based on clear and convincing evidence, a finding she asserts is necessary under Pioneer Inv. Servs. Co. and related cases. The test under our decisions, however, is whether the party seeking to excuse a default “acted in good faith,” Admasu,
Besides appellant’s repeated late-filing of compensation requests, she disregarded court deadlines even more important in nature. Judge Wolf found that her tardy filing of guardianship reports had resulted in delinquency notices twelve times in this case, despite a warning he had issued that she faced possible removal from the appointment as a result. Appellant’s insistence that her conscientious service to her wards gave rise to these delays rings hollow in light of D.C.Code § 21-2043(e)(2), which requires a guardian to “limit his or her caseload to a size that allows the guardian ... [to] maintain regular and reasonable contact with each ward....” It goes without saying that timely-filed guardianship reports are the means by which the court ensures such “regular and reasonable contact.” Appellant’s habitual delinquency in filing those reports thus went to the heart of her obligations as guardian, and, together with her indifference to the deadline for compensation claims, eroded any basis for a finding of good faith as the cases define it.
III.
For these reasons, the trial judge did not abuse his discretion in granting appellant $2,603.00 in compensation, but in otherwise denying her fee request.
Affirmed.
Notes
. See Super. Ct. Civ. R. 6(b)(2).
. Pursuant to Super. Ct. Prob. R. 308(c)(1), "A guardian's petition for compensation shall be filed no later than 30 days from the anniversary date of the guardian’s appointment, except that a guardian’s final petition for compensation shall be filed no later than 60 days after termination of the guardianship.”
. In March 2009 the trial court had warned appellant that her failure to file timely reports could subject her to removal from the case.
. The court "invoke[d] its discretion to impose a sanction for repeated violation — indeed, ignoring — of court rules which become . meaningless .unless enforced.”
. Both the District and the Superior Court Auditor-Master have filed amicus memoranda at the court's request, and for which wé are indebted to them.
. Judge Wolf had pointed out the same danger in an earlier case, In re Waller, No. INT 221-02 (D.C.Super.Ct. Dec. 12, 2008), stating that "compensation one year may be payable from the subject's estate, and another year from the Fund.... But if at the end of four years, for example, there are no longer funds available from the subject’s estate, the petition may be seeking payment from the Fund that could have been paid for earlier time periods from the ... estate.”'
