Tue 19 Aug 2008
The candidates: Opening up the court
Posted by admin under The Spirit/Our Town, News, Print Clips
[2] Comments
As seen in The Spirit (West Side) and Our Town (East Side) Aug. 14, 2008.
The candidates:
Manhattan Surrogate’s Court is where estates and contested wills are settled and adoption decisions are made.
The court’s two judges are each elected to serve 14-year terms, but they must resign at the end of the calendar year in which they turn 70, as Judge Renee Roth will in December.
With no Republican running, the winner of a three-way Democratic primary, on Sept. 9, will join Judge Kristin Booth Glenn, who was elected in 2005, on the bench.
Nora Anderson was a clerk in Surrogate’s Clerk for many years. John Reddy, Jr., is counsel to the Public Administrator and Judge Milton Tingling has served as a judge in criminal, civil and supreme courts.
Though all three candidates have been endorsed by organizations and individuals across Manhattan Island, the county Democratic committee is backing Tingling.
Milton Tingling:
The way Judge Milton Tingling sees it, the Surrogate’s Court is often about the bottom line. A family may never come into the court, for example, to gain access to a deceased breadwinner’s bank account to pay bills.
“Surrogate’s Court is a place that you have to go, and it affects you on an immediate level,” said Tingling, who is a New York State Supreme Court judge.
Tingling has already adjudicated cases in criminal, civil and supreme courts, and considered running to replace Judge Eve Preminger in 2005. However, he did not run, citing family reasons.
Tingling was drawn to the court through his own experience hashing out problems with his great aunt’s estate a few years ago. Provisions in her will conflicted with language in her mother’s will, which was also problematic.
He decided that if he, as a lawyer, had difficulties with family wills, then the average New Yorker was also likely to encounter trouble.
As Surrogate, he hopes bringing translators into the court and opening satellite offices around the borough will help make the court more accessible by the public.
Tingling says he is familiar with the many tensions and questions that occur in Surrogate’s court because he is one of three Supreme Court judges who hear guardianship cases (if elected, Tingling’s seat on the Supreme Court will be filled by a judge appointed by Gov. David Paterson, according to the Office of Court Administration).
Tingling is proud to have assigned cases to new lawyers, guardians, and the evaluators who select guardians and says he would continue to do so as Surrogate.
He says he would encourage lawyers to take cases pro bono, arguing that lawyers in many large firms already perform work for no pay. Tingling said that he create an independent panel of both lawyers and community activists without a law degree to recommend appointments for guardianships. This would replace the current system, which allows judges to appoint guardians at their own discretion.
Going forward, he would like to see the Supreme Court absorb the Surrogate’s Court, which, he thinks, lacks oversight. With two judges who act as their own administrators, the Surrogate’s court answers to no entity.
“I’m not waiting for oversight,” he said, “I’m opening it up.”