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Fiduciary Hopefuls Must Meet New Requirements

BY Daniel Wise
May 01, 2003

With a June 1 due date looming for a new list of eligible fiduciaries, lawyers interested in qualifying for the court-appointed positions must meet the new training requirements announced by Chief Administrative Judge Jonathan Lippman in March. Developing new training requirements was one of the recommendations of a blue-ribbon panel appointed by Chief Judge Judith S. Kaye to examine the court's system for the appointment of fiduciaries to ensure there is no favoritism.

In December, Judge Lippman implemented the recommendations of the panel, headed by Sheila L. Birnbaum, to bar or limit political leaders, high-level court officials and former judges from accepting fiduciary appointments. The December rules, which went into effect on Jan. 1, also disqualify lawyers who earn more than $50,000 from court appointments in a single year from accepting any appointments in the following year.

Judge Kaye appointed the 17-member Birnbaum commission and Inspector General Sherrill R. Spatz to investigate how judges appoint fiduciaries in the wake of a public fury that erupted in late 2000, when two Democratic party officials in Brooklyn complained about being frozen out of appointment work. The two officials, Thomas J. Garry and Arnold J. Ludwig, in a widely circulated letter that was subsequently quoted in The New York Times, complained that they were not getting appointments despite their “unwavering loyalty” to the Democratic party.

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