On Tuesday, May 13, 2025, the Supreme Court of the State of New York Appellate Division, First Judicial Department granted the Attorney Grievance Committee’s motion for reciprocal discipline against attorney Scott Lloyd Fenstermaker. The court imposed a one-year suspension from the practice of law due to Fenstermaker’s disciplinary actions in the state of Maine.
The case is entitled “In the Matter of Scott Lloyd Fenstermaker,” with case number 2025-00554.
Fenstermaker, who was admitted to the New York Bar in 1993, faced a three-year suspension from the practice of law in Maine, effective retroactively to March 17, 2023. This suspension followed findings of misconduct, including failure to provide competent representation to clients and harassing behavior towards prosecutors.
The Attorney Grievance Committee (AGC) filed a motion on January 24, 2025, seeking reciprocal discipline based on Fenstermaker’s suspension in Maine. The AGC argued that Fenstermaker should demonstrate why similar discipline should not be imposed in New York for his actions in Maine. Fenstermaker opposed this motion, claiming various defenses and disputing the findings of misconduct from the Maine court.
The Maine Supreme Judicial Court found that Fenstermaker had committed several violations of the Maine Rules of Professional Conduct, including unlawful conduct and actions prejudicial to the administration of justice. The court’s investigation revealed that Fenstermaker engaged in confrontational behavior and made unsupported allegations against judges and prosecutors.
In one incident, Fenstermaker attempted to retrieve a client’s impounded vehicle without paying the necessary fees, leading to his arrest on multiple charges, including assault and attempted theft. His actions at the impound lot were deemed reckless and unprofessional, contributing to the court’s decision to suspend him.
The AGC noted that Fenstermaker had been afforded due process during the Maine proceedings, including the opportunity to present evidence and contest the allegations. In their findings, the AGC maintained that Fenstermaker’s misconduct in Maine would also violate New York’s Rules of Professional Conduct.
After considering the AGC’s motion and Fenstermaker’s defenses, the court ultimately decided that a one-year suspension was appropriate. The court emphasized that while Fenstermaker’s actions warranted discipline, the severity of the Maine suspension did not align with New York’s precedent for similar misconduct, which typically results in shorter suspensions.
The court ordered that Fenstermaker’s suspension would take effect 30 days from the date of the order. During this period, he is prohibited from practicing law in any capacity and must comply with the rules governing suspended attorneys. Additionally, any secure passes issued to him by the Office of Court Administration must be returned immediately.
According to Avvo, Mr. Fenstermaker is a litigation lawyer in New York, NY. He acquired his law license in New York in 1993.
A copy of the original filing can be found here.
