On Wednesday, September 10, 2025, the New York Supreme Court, Appellate Division, Second Judicial Department publicly censured attorney John J. Halton. The censure follows Halton’s convictions for aggravated driving while intoxicated and driving while intoxicated. Both convictions were unclassified misdemeanors, violating Vehicle and Traffic Law §§ 1192(2-a)(a) and 1192(3), respectively.
The case is entitled “In the Matter of John J. Halton,” with case number 2022-04058.
The Grievance Committee for the Tenth Judicial District brought the matter before the court, leading to an order to show cause dated January 12, 2023, directing Halton to demonstrate why he should not be suspended, censured, or disbarred.
According to the affirmation dated May 24, 2022, Halton was initially arrested on December 24, 2020, in Hempstead, facing charges including aggravated driving while intoxicated and driving while intoxicated with a blood alcohol content of 0.08 percent or more. He pleaded guilty on August 18, 2021, admitting to operating a vehicle with a blood alcohol content of 0.18 percent or higher after consuming alcohol. His sentence included seven days of incarceration, a one-year conditional discharge, revocation of his driver’s license for one year, installation of an ignition interlock device, participation in an alcohol treatment program and the Impaired Driver Program, attendance at a Victim Impact Panel, and $1,395 in fines and surcharges.
While the Nassau County case was pending, Halton was arrested again on March 7, 2021, in Southold, charged with driving while intoxicated and refusing a breath test. The arrest followed a 911 call reporting erratic driving. On February 11, 2022, he pleaded guilty to driving while intoxicated, admitting to consuming at least six to seven beers before or during driving. This resulted in a 45-day jail sentence, an 18-month driver’s license revocation, and $1,400 in fines and surcharges.
Following a hearing on April 25, 2023, Honorable Peter B. Skelos, serving as Special Referee, filed a report on January 2, 2024, concluding that Halton had not demonstrated why public discipline should not be imposed. The Grievance Committee then moved to confirm the report and determine appropriate discipline. Halton did not respond to the report or the Committee’s motion.
Prior to the hearing, Halton submitted an affidavit stating his completion of the Nassau County sentence, except for the Impaired Driver Program, and his ongoing alcohol treatment. He cited emotional distress following incarceration for his delayed reporting of the convictions.
At the hearing, Halton presented mitigation evidence, including job loss due to COVID-19, the end of a long-term relationship, his 32-year unblemished record, acceptance of responsibility, completion of jail time and fines, and gratitude that no one was injured. He also presented evidence of successful treatment, sobriety, and rewarding non-legal employment at a rehabilitation center.
The Special Referee’s report noted no aggravating factors and acknowledged Halton’s acceptance of responsibility, completion of sentencing terms, engagement in therapy, negative chemical test results, and current non-legal employment. Despite this, the Referee concluded that the two convictions warranted public discipline.
The court granted the Grievance Committee’s motion to confirm the Special Referee’s report. Taking into account Halton’s completion of his sentence, engagement in therapy, continued sobriety, and current employment, the court publicly censured him for his misconduct.
According to Avvo, Mr. Halton is a criminal defense lawyer in Mineola, NY. He acquired his law license in New York in 1991.
A copy of the original filing can be found here.
