Opinion
01-19-2017
In the Matter of Jane Marie HANSON, an Attorney. (Attorney Registration No. 2065274).
Jane Marie Hanson, Montclair, New Jersey, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Jane Marie Hanson, Montclair, New Jersey, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Before: GARRY, J.P., EGAN JR., LYNCH, ROSE and DEVINE, JJ.
PER CURIAM.Jane Marie Hanson was admitted to practice by this Court in 1986 and lists a business address in Montclair, New Jersey with the Office of Court Administration. By affidavit sworn to June 21, 2016, Hanson seeks leave to resign from the New York bar for nondisciplinary reasons (see Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.22 [a] ). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) opposes the application by correspondence from its Chief Attorney. Although not authorized by this Court's rules, Hanson has replied by correspondence dated January 5, 2016, and we have reviewed her submission as an exercise of our discretion.
Hanson's application must be denied. 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 biennial registration statement, and attendant fee, with the Office of Court Administration. Judiciary Law § 468–a(5) directly states that the failure to duly register "shall constitute conduct prejudicial to the administration of justice and shall be referred to the appropriate appellate division ... for disciplinary action" (see Benjamin v. Koeppel, 85 N.Y.2d 549, 556, 626 N.Y.S.2d 982, 650 N.E.2d 829 [1995] ; see also Rules of Chief Admin of Cts. [22 NYCRR] § 118.1 [h] ). Further, the Rules of Professional Conduct explicitly define conduct which is prejudicial to the administration of justice as attorney misconduct (see Rules of Professional Conduct [22 NYCRR 1200.0 ] rule 8.4[d] ), and this Court has repeatedly and consistently held that failure to comply with the registration requirements is professional misconduct warranting discipline (see Matter of Attorneys in Violation of
Judiciary Law § 468–a, 113 A.D.3d 1020, 1021, 979 N.Y.S.2d 548 [2014]; Matter of Arms, 251 A.D.2d 743, 743–744, 674 N.Y.S.2d 156 [1998] ; Matter of Ryan, 238 A.D.2d 713, 713–714, 656 N.Y.S.2d 444 [1997] ; Matter of Farley, 205 A.D.2d 874, 874–875, 613 N.Y.S.2d 458 [1994] ).
As noted by AGC, Hanson has, to date, not satisfied the attorney registration requirements for the biennial period beginning in 2016. Accordingly, we find that she is ineligible for nondisciplinary resignation and deny her application. We further hold that any future application by Hanson for leave to resign for nondisciplinary reasons must be supported by proof of her full satisfaction of the requirements of Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1.ORDERED that Jane Marie Hanson's application to resign is denied.
GARRY, J.P., EGAN JR., LYNCH, ROSE and DEVINE, JJ., concur.