Bob Matteucci helps shine a light on special masters
By Emily Kelchen | for Raise the Bar
In cases where resolution seems impossible, judges are increasingly asking special masters to step in and find a path forward. Raise the Bar sat down with Albuquerque-based attorney Bob Matteucci to get the inside scoop on this somewhat mysterious job.
How would you explain the role of a special master to someone unfamiliar with it? I personally hadn’t heard of it before the Trump documents case.
I am in no way happy that Trump brought the term “special master” to the press. I don’t think that case was a good example of what special masters actually do. A better example, and one that most attorneys are familiar with, is when a family court judge appoints a guardian ad litem in a custody case. A GAL is a type of special master, or at least they are in New Mexico.
That I have heard of. So, a special master is just another neutral party?
Yes and no. In some cases, the special master is there to bring in information to the court that nobody else can bring in. The information the court needs may be something the court doesn’t have expertise about or the court believes that the information being brought in is biased.
But in other cases, a judge may bring a special master in because there are specific tasks that need to be done. An example could be a divorce where the parties need to sell the house, but the parties won’t agree on the realtor, listing price, showing dates, etc. Or where an inventory or assessment is needed and the parties can’t agree who to hire to do that work.
I’ve also been appointed in a case where a divorcing couple owned a few businesses together and they were fighting about payroll, hiding money, etc. The attorneys wanted me to monitor the business to make sure nothing bad happened.
The attorneys brought you in?
They petitioned the court to hire me. When you are appointed as a special master you have the parties sign an appointment order that spells out your duties. Or you have the judge sign off on one. The appointment order spells out exactly what your duties are.
If my job is selling a piece of real estate, the appointment order signed by the judge says that I can act as the owner of the property. In other cases, I may be appointed to make recommendations, and judge will decide how to move forward.
Do you see the use of special masters growing, especially in complex cases or overloaded courts?
I think so, but only when it is going to save time and costs. Special master’s fees add up quickly. I charge at my attorney rate. If I am counting forks in a divorcing couple’s kitchen, I am not a benefit to anyone but myself. But if I am helping a stuck case move forward or a family business survive a divorce, there’s room for another pig at the trough.
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