New York Court Disbars Attorney Brian J. Smith for Reckless Driving Conviction in Nevada

On Thursday, September 26, 2024, the Supreme Court of the State of New York, Appellate Division, First Judicial Department disbarred attorney Brian J. Smith and struck his name from the roll of attorneys.

The case is entitled “In the Matter of Brian J. Smith,” with case no. 2024-03669.

The Court found that Smith had been automatically disbarred after pleading guilty in February 2023 to felony reckless driving in Nevada. According to court documents, Smith was arrested in June 2021 for operating a vehicle under the influence of alcohol and colliding with another vehicle, seriously injuring an occupant. He received a suspended prison sentence of two to six years and probation for three and a half years.

The Attorney Grievance Committee then sought to disbar Smith under Judiciary Law, which mandates automatic disbarment of attorneys convicted of a felony. The Committee argued that Smith’s felony conviction for reckless driving in Nevada was essentially similar to the New York felony of vehicular assault. Smith disputed this, claiming the definitions of “substantial bodily harm” in Nevada law and “serious physical injury” in New York law were not similar enough.

However, the Court ruled that Smith’s offense was essentially similar to vehicular assault as defined in the New York Penal Law. It noted both laws address causing physical harm through reckless operation of a motor vehicle while impaired. Therefore, Smith’s conviction qualified as a proper predicate for automatic disbarment. The Court officially disbarred Smith and struck his name from the bar retroactive to the date of his felony guilty plea in Nevada.

The Disposition states:

“Wherefore, it is Ordered that the motion by the Attorney Grievance Committee for the First Judicial Department for an order pursuant to Judiciary Law and (b) and the Rules for Attorney Disciplinary Matters [22 NYCRR 1240.12 (c)(l), disbarring respondent Brian J. Smith, admitted as Brian James Smith, is granted, and the respondent is disbarred and his name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to February 15, 2023.”

According to the filing, Mr. Smith acquired his law license in New York in 1997.

A copy of the original filing can be found here.