Friday, December 5, 2008
The Chief Clerk of the King's County Surrogate's Court was censured by the New York Appellate Division for the Third Judicial Department. After a rule had been enacted limiting fee payments to 6% of an estate, the clerk had routinely approved fee petitions in the amount of 8%. The court notes that "[s]omewhat disconcertingly" he professed to be unaware of the 1993 enactment of the fee limitation, which had been enacted to address abuses in fee payments. The court also rejected the argument that, because the clerk position did not require him to be an attorney, professional standards for lawyers were inapplicable.
The misconduct related to two orders of discipline that we had posted yesterday. (Mike Frisch)