On December 29, 2022, the State of New York, Supreme Court, Appellate Division, and Third Judicial Department reinstated North Carolina attorney Clair Elizabeth Jenkins. 

The Respondent was initially suspended from practice in 2019 by the order of the court for conduct prejudicial to the administration of justice arising from her failure to comply with her attorney registration obligation. However, she already cured her registration delinquency and applied for reinstatement. According to the court, An attorney seeking reinstatement following a suspension must show, by clear and convincing evidence, that he or she has complied with the order of suspension and the rules of the Court, that he or she has the requisite character and fitness to practice law, and that it would be in the public’s interest to reinstate him or her to the practice of law.

The filing states:

“Turning to respondent’s compliance with the order of suspension and rules of this Court, in 2006, respondent changed her information with the 0ffice of Court Administration (hereinafter 0CA) records to reflect that she was “retired” from the practice of law (see Judiciary Law 468-a [4]), and similarly did the same in both Connecticut and Virginia, where she is also admitted to practice.” An attorney is considered “retired” from the practice of law for purposes of waiving the biennial registration fee in New York when, the performance of legal services without compensation, he or she does not practice law in any respect and does not intend ever to engage in acts that constitute the practice of law” (Rules of “other than the.”

The filing continues:

“Turning to the respondent’s character and fitness, the respondent alleges that she has no litigation history, and is not subject to any unsatisfied judgments or overdue debts, bankruptcies, or governmental investigations. While the respondent noted a speeding ticket she received in June 2022, a review of supplemental -5- PM-233-22 correspondence provided by her counsel indicates that this matter has been resolved.

Similarly, the respondent has provided a certificate of good standing for the Virginia State Bar and noted that she provided the Connecticut State Bar with notice of her instant New York suspension. As a result, the Superior Court of Connecticut suspended the respondent from practice in that state and further held that, upon proof of her reinstatement in New York, the Connecticut suspension will be terminated. Inasmuch as respondent’s Connecticut suspension stems from the instant suspension, which the respondent now seeks to cure, her application, as a whole, does not raise concerns as to her character and fitness.”

The filing further states:

“As to the public’s interest in her reinstatement, the respondent has spent more than 20 years in public education and she avers that she 1s retired from the practice of law in all of the states where she is admitted to practice, including this one, and her submissions reflect same. As such, we are assured that the respondent’s reinstatement would be in the public interest.”

With all the foregoing facts and actions made by the respondent to clear her delinquency, the court granted the Petition for Reinstatement of the respondent. 

Ms. Jenkins’ info can be found on lawyer.com. She is licensed in New York with license #28992511, as well as in Connecticut and Virginia.

A copy of the original filing can be found here.