Surrogate loses bid to delay disciplinary proceedings

Surrogate loses bid to delay disciplinary proceedings

Dec. 7 (Reuters) - An appellate court has denied a Bronx surrogate judge's motion to postpone disciplinary proceedings against him pending the outcome of a related criminal case.

In January, the state Commission on Judicial Conduct accused Bronx Surrogate Lee Holzman of approving excessive fees for an attorney in the office of the public administrator and failing to act when he learned that the same attorney had taken illegal advance fees in five cases. Public administrators are judicial appointees who handle the estates of people who die without anyone to manage their affairs.

The attorney, Michael Lippman, is currently facing criminal charges, including grand larceny and fraud.

Holzman, who has not been charged criminally, had moved to have the judicial conduct commission's proceedings against him delayed pending the outcome of Lippman's case. Holzman said in court papers that Lippman would assert his Fifth Amendment right against self-incrimination if he were asked to testify before the conduct commission while his criminal case was pending. He argued that he could not adequately defend himself against the commission's charges without calling Lippman as a witness.

On Monday, four justices of the Appellate Division, First Department, denied Holzman's motion to delay his disciplinary proceedings. The justices did not offer an explanation.

In dissent, Justice James Catterson said the postponement would be "prudent."

"It will allow (Holzman) to present a complete defense and will remove any argument that we are being precipitous in allowing the proceeding to go forward against the duly elected surrogate when he is precluded from calling his chosen fact witness," Catterson wrote.

'SIMPLY A RE-HASHING'

Holzman's attorney, David Godosky of Godosky & Gentile, said the charges against his client are "meritless" and "simply a re-hashing of the charges against Michael Lippman."

"Lippman defrauded the court, and now the CJC wants to prosecute the court that was defrauded," Godosky said. "(Holzman) is the victim here."

The conduct commission will hold about a dozen hearings in the Holzman case over the next month. While the commission's hearings are generally held behind closed doors, Holzman has waived his right to confidentiality, which means that the hearings will be public.

The conduct commission has the power to recommend that a judge be disciplined and can suggest a range of punishments, including admonishment, suspension and removal.

Last week, a 13-member panel of state officials, attorneys and surrogates, including Holzman, released a set of proposed guidelines for public administrators. The new rules, which are slated to take effect early next year, call for more comprehensive record-keeping by public administrators and their attorneys.

The case is the Matter of the Honorable Lee Holzman, New York State Supreme Court, Appellate Division, First Department No. M-4508.

For Holzman: David Godosky of Godosky & Gentile.

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