Opinion
1998-06009
January 13, 2003.
DISCIPLINARY proceeding instituted by the Grievance Committee for the Tenth Judicial District. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 1, 1987. By decision and order of this court dated February 2, 1999, the matter was referred to the Honorable Patricia D. Collins, as Special Referee to hear and report. By further decision and order of this court dated June 3, 1999, the respondent was suspended from the practice of law on the ground that she was suffering from a disability by reason of mental infirmity or illness, and she was directed to be examined by a qualified medical expert by a decision and order of this court dated December 21, 1999. The respondent was reinstated following such examination, and the parties were directed to proceed with the previously-authorized disciplinary proceeding. A second disciplinary proceeding was authorized against the respondent by decision and order of this court dated January 10, 2001, which also immediately suspended her from the practice of law upon a finding that she was guilty of professional misconduct immediately threatening the public interest based on her failure to cooperate with the Grievance Committee's investigation of three pending complaints against her. The respondent has now tendered her resignation pursuant to 22 NYCRR 691.9.
Robert P. Guido, Syosset, N.Y. (Dianne M. Saccone of counsel), for petitioner.
Tedd Blecher, New York, N.Y., for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.
OPINION ORDER
Carrie Sutherland has submitted an affidavit dated August 9, 2002, in which she tenders her resignation as an attorney and counselor-at-law (see 22 NYCRR 691.9).
The respondent avers that she is making her resignation voluntarily, free from coercion and duress, and with a full awareness of the implications of its submission. She discussed her decision to resign with her attorney, as well as other persons whose advice and counsel she respects. She is aware that she may not seek reinstatement for a period of at least seven years. She is also aware that the Appellate Division, in any order permitting her to resign, could require her to make monetary restitution or to reimburse the New York Lawyers' Fund for Client Protection and that any such order could be entered as a civil judgment against her. She specifically waives the opportunity afforded by Judiciary Law § 90(6-a)(f) to be heard in opposition thereto.
The respondent acknowledges that she was served with a petition containing multiple charges of professional misconduct against her, several of which were withdrawn. She also acknowledges that she cannot successfully defend herself on the merits against allegations that she used her escrow account as a personal account to avoid paying several outstanding judgments, including Federal and State tax liens, in violation of Code of Professional Responsibility DRs 1-102(A)(4), (5), and (8) ( 22 NYCRR 1200.3[A][4], [5], and [8]) and Code of Professional Responsibility DR 9-102(B)(1) ( 22 NYCRR 1200.46[B][1]). She avers that her parents have made full restitution to all clients named in the petition.
The petitioner urges acceptance of the proffered resignation and confirms that the respondent's parents have fully reimbursed her clients.
Inasmuch as the proffered resignation complies with all applicable court rules, it is accepted, the respondent is disbarred, effective immediately, and her name is stricken from the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FRIEDMANN, JJ., concur.
ORDERED that the resignation of Carrie Sutherland is accepted and directed to be filed; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Carrie Sutherland is disbarred and her name is stricken from the roll of attorneys and counselors-at-law; and it is further,
ORDERED that Carrie Sutherland shall continue to comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Carrie Sutherland is commanded to continue to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law.