Censure called for Bronx judge

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The New York State Commission on Judicial Conduct has determined that Lee L. Holzman, a judge of the Surrogate’s Court, Bronx County, should be censured.

In a determination dated Dec. 13 and made public Tuesday, the commission found that Judge Holzman failed to take appropriate action after learning that one of his appointees had taken unauthorized, excessive fees from the estates of people who had died without leaving a will.

Judge Holzman learned in 2006 that Michael Lippman, the counsel to the Bronx public administrator, had improperly taken excessive fees, and fees in advance of doing the work on the estates, resulting in negative balances of $300,000 to $400,000. The commission stated Judge Holzman knew that Lippman “had committed acts ‘that strongly pointed to larcenous conduct.’” The judge failed to fire or report Lippman to disciplinary and law enforcement authorities. Instead, Judge Holzman demoted Lippman and implemented a repayment plan under which Lippman continued to handle new cases in order to repay the money he owed to older estates. Lippman was fired in 2009.

The commission majority agreed Judge Holzman’s misconduct reflected “poor judgment, rather than knowing concealment of criminal behavior or intent to deceive.” It also noted the judge’s imminent departure from the bench, upon reaching the mandatory retirement age, and his “lengthy and unblemished tenure as a judge.”

Three commission members dissented and voted that the judge should be removed from office, as the commission’s administrator had recommended.

Judge Holzman has served as a Surrogate’s Court judge of Bronx County since 1988. His current term expires Dec. 31.