Opinion
04-14-2016
In the Matter of Charles J. KEEGAN, a Suspended Attorney. Committee on Professional Standards, Petitioner; Charles J. Keegan, Respondent.
Monica A. Duffy, Committee on Professional Standards, Albany (Michael K. Creaser of counsel), for petitioner. Charles J. Keegan, South Bethlehem, respondent pro se.
Monica A. Duffy, Committee on Professional Standards, Albany (Michael K. Creaser of counsel), for petitioner.
Charles J. Keegan, South Bethlehem, respondent pro se.
Before: McCARTHY, J.P., GARRY, EGAN JR. and CLARK, JJ.
Opinion
PER CURIAM. Respondent was admitted to practice by this Court in 1998. He maintained an office for the practice of law in Albany County. By decision of this Court decided and entered May 17, 2012, respondent was suspended from the practice of law for a period of two years after he engaged in fraudulent and illegal conduct prejudicial to the administration of justice that adversely reflected on his fitness as a lawyer in violation of the Rules of Professional Conduct (95 A.D.3d 1560, 944 N.Y.S.2d 771 [2012] ; see Rules of Professional Conduct [22 NYCRR 1200.0 ] rule 8.4[b], [c], [d], [h] ). He now applies for reinstatement. Petitioner opposes the application. We referred the application to a subcommittee of the Committee on Character and Fitness for a report pursuant to Rules of the Appellate Division, Third Department (22 NYCRR) § 806.12(b). Respondent appeared before the subcommittee in October 2015, and the subcommittee subsequently issued a report recommending that his application for reinstatement be granted.
Upon our review of, among other things, respondent's application, the testimony before the subcommittee and the subcommittee's report and recommendation, we conclude that respondent has complied with the provisions of the order of suspension and with this Court's rules regarding the conduct of suspended attorneys (see Rules of App.Div., 3d Dept. [22 NYCRR] § 806.9 ). We are also satisfied that he has complied with the requirements of this Court's rule regarding reinstatement (see Rules of App.Div., 3d Dept. [22 NYCRR] § 806.12 [b] ) and that he presently possesses the character and general fitness to resume the practice of law.
In view of the circumstances presented, however, we impose conditions on respondent's reinstatement as follows. For two years from the date of this decision, respondent shall submit to petitioner semiannual reports from his treating mental health provider assessing his continuing capacity to practice law (see Matter of Donohue, 29 A.D.3d 1212, 1213, 815 N.Y.S.2d 766 [2006] ). The first report shall be due six months from the date of this decision. Petitioner shall report to this Court any failure to submit the reports. Additionally, in keeping with this Court's inherent authority over the practice of law by attorneys and our obligation to protect the public (see Matter of Evans, 278 A.D.2d 583, 584, 718 N.Y.S.2d 419 [2000] ; Matter of Anonymous, 21 A.D.2d 48, 51, 248 N.Y.S.2d 368 [1964] ), respondent shall be prohibited from applying for designation as a member of a panel of attorneys for children (see Family Ct. Act § 243 ; Rules of App.Div., 1st Dept [22 NYCRR] part 611; Rules of App.Div., 2d Dept [22 NYCRR] part 679; Rules of App.Div., 3d Dept [22 NYCRR] part 835; Rules of App.Div., 4th Dept [22 NYCRR] part 1032), or otherwise undertaking the representation of a child as an attorney for the child, until further order of the Court (cf. Matter of Snow, 264 A.D.2d 898, 898–899, 695 N.Y.S.2d 424 [1999] ).
ORDERED that respondent's application for reinstatement is granted and respondent is reinstated to the practice of law upon the conditions set forth in this decision, effective immediately.
McCARTHY, J.P., GARRY, EGAN JR. and CLARK, JJ., concur.