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To Clean up Corrupt Surrogate Courts, Wake up and Vote
By Errol Louis
New York Daily News
August 14, 2008
Every couple of years, like
clockwork, scandal hits
New York's Surrogate Courts,
which sort out the estates of people who die without a will or leave
a will that's unclear or contested.
In the wrong hands, the
system lends itself to abuse. The elected surrogates have the power
to appoint private attorneys to look after large sums of money.
A rogues' gallery of
chiselers and crooks has flocked to the courts over the years,
running up bills and draining money that rightfully belongs to the
heirs and descendants of the dead.
That's why
Manhattan Democrats need to
pay attention to the upcoming primary for surrogate.
Most people don't think
about the court until the headlines report high-profile cases like
Brooke Astor's $132 million
estate or the late
Leona Helmsley's nutty
attempt to leave $12 million to her dog.
But the reality is much
less glamorous than those headlines. Last month, Daily News
investigative reporter
Nancie Katz uncovered a mess
in the
Bronx, where Surrogate Lee
Holzman allowed politically connected lawyers to run up more than $2
million in fees while 37 heirs waited - some for more than a decade
- and collected nothing.
To make matters worse, some
of the Bronx estate money was improperly placed in risky investments
that tanked. Taxpayers may end up covering the $20 million loss.
And then there's
Brooklyn, where ex-Surrogate
Michael Feinberg was removed
from office in 2005 for improperly allowing one of his pals to take
excessively high fees from estates of the dead.
The scandals are nothing
new. As far back as the 1930s, corruption problems led the city Bar
Association to call for the Surrogate's Court to be folded into the
general court system - an idea still worth considering.
Sen. Robert Kennedy mounted
his own reform effort in the 1960s. And 40 years after his death
we're still trying to protect widows, orphans and the dead from
predatory pols and lawyers.
Which brings us to the
Democratic primary for a 14-year term as Manhattan surrogate. All
three candidates for the office describe themselves as reformers,
although none has a clear claim to that title.
John Reddy,
who has worked in the Surrogate's Court for 29 years, was the
protégé of a lawyer who got mixed up in a court scandal, but claims
he was part of making things better and says "a pro-active surrogate
who knows the system can make the court run better."
Nora Anderson,
an attorney in private practice, has been running a spirited
campaign with the help of campaign manager
Michael Oliva, a savvy
strategist who has won several insurgent judicial races in recent
years.
But Anderson's
outsider/reform credentials have taken a serious and perhaps fatal
hit in the form of a $225,000 campaign loan from
Seth Rubenstein, a Brooklyn
trust and estate lawyer with deep family ties to the business (his
father served as Brooklyn surrogate in the 1950s, and his
grandfather worked in the same court).
Anderson will have to work
hard to prove that, if elected, she will not be politically and
financially indebted to Rubenstein.
The third candidate,
Milton Tingling, is a
Supreme Court justice endorsed by
Harlem powerbrokers like ex-Mayor
David Dinkins and Manhattan Democratic boss
Denny Farrell. Tingling also
snagged
Gary Tilzer, a longtime
gadfly and reformer, as a campaign strategist.
"The two other candidates
represent firms that have controlled the court for the past 50
years," said Tilzer, who has campaigned against court corruption for
decades. "It's not Tammany Hall controlling the Surrogate's Court,
it's families and connected friends."
Actually, it's the people
who have ultimate control in a democracy. All the more reason
Manhattan Dems should think long and hard before picking the leader
of a court that has eluded reform for generations.
Comments
Reader Girl Aug 14, 2008
9:38:40 PM
Loved the piece, Errol.
Great writing.... Notice a common theme between your piece and the
following that appeared in Judicial Reports on a civil court race?
HMMMMMM...... Show Me the Money By Jesse Sunenblick jsunenblick at
judicialstudies dot com Poste: 08-13-08 Two Civil Court campaigns
spar over the meaning of campaign money. One claims conniving. The
other claims an innocent mistake. Both involve well-regarded Law
Secretaries. Is this any way to run a judiciary? * A response from
John Reddy's campaign, below, has been added to the original story.
In politics, as in business, it takes money to make money. Which is
one reason that money mavens in New York judicial campaigns
typically have July 15 marked on their calendars. That’s when
candidates are first required to file an expenditure report online
with the State Board of Elections. Campaigns can gain or lose steam
based on the reports, which are aggressively tracked by campaign
managers and occasionally
hgltraveling@gmail.com Aug
14, 2008 11:15:53 PM
There is something seriously wrong with Surrogate's Courts and many
probate courts in this country. And it is not all the voter's fault.
We do not have much say as to who will be the candidate. We do not
have much to say about how long they will preside. We do not have
anything to say about how much lawyers [such as Seth Rubenstein}
will be allowed to contribute to "buying" a judge, and neatly
tucking him or her into their pocket. We do not have much to say
about how the probate laws are written. LAWYERS DO. We do not have
much to say about how the probate laws are written. LAWYERS DO! We
do not have anything to say about who the judges hire to be their
attorney/referees, LAWYERS AND JUDGES DO. And what is little know
about the inner workings of the Surrogate's Courts is that Judges
often have little or no real contact with most litigants, the
attorney/referees do most of the work, read the papers, draft the
Judges Court Orders and most Surrogate's Court judges just rubber
stamp.
freddie jackson Aug 25,
2008 2:56:18 PM
The NY Times just endorsed Nora Anderson for Surrogate. This is
typical of the Times holier than thou attitude and lack of doing
their homework. The Times called Renee Roth "imperious", but at
least Roth knows the law. Anderson acts imperious and doesn't know
the law as well as Roth. Anderson's law firm has a reputation for
extorting money from adversaries and suing clients for higher fees
than for those they originally contracted. Knowledgeable people know
that Anderson didn't do anything to improve the Surrogate's Court
when she was Clerk of the Court. Her campaign has been driven by
making false promises that would be out of her jurisdiction and
control and by purchasing endorsements from political clubs that are
open to bidding. Her campaign rents space from notoriously disbarred
attorney, Bernard Cohen, and she has been led through the campaign
by the "imperious" retired Surrogate Eve Preminger. Preminger hired
her crony, retired Criminal Court Judge Robert Haft, to be the
newsreader100 Aug 27, 2008
7:40:33 PM
John Reddy is the most qualified candidate for Manhattan Surrogate.
Check out his web site and read about his plan for court reform and
his years of experience. www.reddyforsurrogate.com
newsreader100 Aug 30, 2008
7:07:17 AM
If Seth Rubenstein wanted to be Manhattan Surrogate that badly, why
didn't he just run for the office? Instead he buys Nora Anderson for
$225,000 and gets to run the court from behind her pretty face.
Anyone who thinks that $225,000 loan will be repaid is crazy. That
was the cost of buying Nora as a front person. The court will be run
Seth Rubenstein. This is clearly corruption before Nora and Seth
ever take the bench.
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