Suspended Brooklyn Surrogate Sues Court System to Get Her Job Back

Based on serious allegations of bias and discrimination, confirmed by an investigation by the New York Inspector General, King’s County (Brooklyn)Surrogate Court Judge Harriet Thompson was suspended from handling cases, effective December 17, 2021. Court system officials referred her matter was to the State Commission on Judicial Conduct for further action. She was relieved of her judicial duties, her case inventory was reassigned, and she was barred from any non-public areas of the courthouse, including her chambers.

Suspended Brooklyn Surrogate Sues Court System to Get Her Job BackSurrogate Thompson stopped the issuance of citations at the beginning of the Covid-19 pandemic and limited her case load to emergency matters only. Effective October 26, 2021, she once again began issuing Administration, Probate, Miscellaneous, Accounting and Guardianship citations. These citations were applicable only to those petitions for Brooklyn residents who have died in the months of February, April, June, August, October and December (even months of death).

Citations are legal notices that put necessary parties under a surrogate’s jurisdiction. Trust and estates attorneys expressed concerns over a mounting caseload in her court. Without citations being issued by Thompson, cases were seriously backlogged and executors could not get appointed for an estate. Therefore, executors were not able to perform their duties, such as selling real estate, paying bills, accessing bank accounts, evicting tenants, collecting debts owed to the decedent and distributing money to beneficiaries.

Thompson filed an Article 78 petition in Brooklyn Supreme Court last week seeking an order for the Office of Court Administration (OCA) to fully reinstate her to the bench, as well as a discrimination complaint with the state Court of Claims alleging that court officials subjected her to disparate treatment because she is Black and female.  She claims that she was illegally suspended. Appellate Term, First Department Presiding Justice Carol Edmead has been named as an acting surrogate in Brooklyn, serving with Surrogate’s Court Judge Rosemarie Montalbano.

For assistance with New York estate administration, contact Probate AttorneyRobert Friedman at (716) 543-3764.

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