On Thursday, July 13, 2023, attorney Justin Charles Russell, who was suspended from practicing law in May 2019 for violating Judiciary Law § 468-a, has been reinstated by New York Supreme Court, Appellate Division Third Judicial Department, after proving that he has complied with the court’s order and rules and that he has the character and fitness to practice law.
The case is entitled “Attorney Grievance Committee for the Third Judicial Department v. Justin Charles Russell” with case no. 142-23.
Russell was one of several attorneys who were suspended for failing to file biennial registration statements and pay registration fees as required by Judiciary Law § 468-a. The court found that their conduct constituted professional misconduct and warranted suspension until they cured their defaults and demonstrated their fitness to resume the practice of law (see Matter of Attorneys in Violation of Judiciary Law § 468-a, 172 AD3d 1706, 1750 [3d Dept 2019]).
Russell filed a motion for reinstatement on February 23, 2023, along with an affidavit and exhibits showing that he had filed his overdue registration statements and paid his registration fees, as well as completed continuing legal education courses and maintained malpractice insurance. He also submitted a supplemental filing on June 7, 2023, with additional evidence of his compliance and fitness. The Attorney Grievance Committee for the Third Judicial Department did not oppose his motion and confirmed that he had no pending disciplinary complaints or investigations against him.
The court granted Russell’s motion for reinstatement after finding that he had met the criteria for reinstatement set forth in Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.16 (a). The court determined that Russell had shown, by clear and convincing evidence, that he had complied with the order of suspension and the rules of the court, that he had the requisite character and fitness to practice law, and that it would be in the public interest to reinstate him to the practice of law.
The order states:
“ORDERED that respondent’s motion for reinstatement is granted; and it is further ORDERED that respondent is reinstated as an attorney and counselor-at-law, effective immediately.”
Mr. Rusell practices in Sarasota, Florida. He is licensed in Florida and New York with license no. 4917746. His info can be found on avvo.com.
A copy of the original filing can be found here.
