Major changes have come to attorney discipline in New York. New statewide rules governing attorney discipline procedures were implemented on Oct. 1, 2016. The new uniform rules are set forth in 22 NYCRR Part 1240. In previous columns, published prior to the effective date of the new rules, I addressed two main areas: (1) formal […]
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1. “Serious crimes” include felonies that lack felony analogs in New York, as well as misdemeanors with one or more of the elements listed in Judiciary Law §90(4)(d).
2. N.Y. Judiciary L. §90(4) provides, in pertinent part, that an attorney convicted of a serious crime “shall be suspended” until a final order of the appellate division ordering the attorney to show cause why a final order of suspension, censure or removal from office should not be made. However, “upon good cause shown” the appellate division may, “upon application of the attorney or on its own motion, set aside such suspension when it appears consistent with the maintenance of the integrity and honor of the profession, the protection of the public and the interest of justice.” N.Y. Judiciary L. §90(4)(f).
3. N.Y. Judiciary L. §468-A requires the biennial registration of all attorneys admitted in the State of New York. The attorney registration system is administered not by the appellate divisions, but by the Office of Court Administration (OCA). The registration fee is currently $375. See Hal R. Lieberman et al., “How Do I Get Back My Law License?,” NYLJ, Nov. 29, 2013.