On Thursday, September 1, 2022, the State of New York Supreme Court, Appellate Division Third Judicial Department ruled on charges for attorney discipline against lawyers respondents – all of whom either last listed a registration address within the judicial department or were admitted to practice by the Court. The ruling grants the AGC’s motion and respondents listed on the schedule attached hereto are suspended effective immediately and until further order of the court.

The case, titled In the Matter of Attorneys in Violation of Judiciary Law § 468-a, was brought by the Attorney Grievance Committee. Case #PM-150-22.

The charges cited Rule 8.4(d) of the New York Rules of Professional Conduct, which provide:

A lawyer shall not engage in conduct that is prejudicial to the administration of justice.

According to the filing:

“The Attorney Grievance Committee for the Third JudicialDepartment (hereinafter AGC) moves pursuant to Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.9 (a) (5) and Rules of the Appellate Division, Third Department (22 NYCRR) § 806.9 for an order suspending respondent attorneys–all of whom either last listed a registration address within this JudicialDepartment or were admitted to practice by this Court  . . . upon the ground that they have failed to fulfill their respective attorney registration obligations for at least two consecutive biennial registration periods since 2018. . . Respondents were noticed of the application pursuant to the terms of an order to show cause which was marked returnable August 1, 2022andissupported by affirmation of AGC’s counsel with exhibits.”

The filing continues:

“Judiciary Law §468-a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 each require that attorneys admitted to practice in New York file a registration statement with the Office of Court Administration on a biennial basis. This obligation extends to all attorneys admitted in New York, regardless of where they work or reside, and even applies to attorneys who have been suspended or who have retired from the practice of law altogether . . . After an attorney’s initial registration upon admission to the bar, the obligation to register is triggered by the attorney’s birthdate every other year thereafter, and an attorney has a 30-day grace period following his or her birthdate in which to satisfy the obligation. . . Since the registration requirement applies “for as long as the attorney remains duly admitted to the New York bar” . . . it may only be terminated by the attorney’s death, disbarment or formal resignation upon order of the Appellate Division.”

The Court has repeatedly and consistently held that the failure to duly register as an attorney shall constitute conduct prejudicial to the administration of justice and shall be referred to the appropriate appellate division for disciplinary action.

The Attorney Grievance Committee has put forth documentary proof that each respondent has repeatedly failed to fulfill his or her attorney registration obligations and remains delinquent in that obligation to date and such proof serves as uncontroverted evidence of respondents’ misconduct.

Accordingly, the New York Supreme Court, Appellate Division Third Judicial Department grants AGC’s motion and orders that the respondents listed on the schedule are suspended from the practice of law, effective immediately and until further order of the Court.

The Order reads:

“ORDERED that the respondents listed on the schedule attached hereto are suspended from the practice of law, effective immediately, and until further order of this Court; and it is further

ORDERED that, for the period of suspension, respondents are commanded to desist and refrain from the practice of law in any form in the State of New York, either as a principal or as an agent, clerk or employee of another; and respondents are hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold himself or herself out in any way as an attorney and counselor-at-law in this State; and it is further

ORDERED that respondents shall comply with the provisions of the Rules for Attorney Disciplinary Matters regulating the conduct of suspended attorneys and shall duly certify to the same in his or her affidavit of compliance.”

A copy of the original filing can be found here.