N.Y. Comp. Codes R. & Regs. tit. 22 § 603.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 603.8 - Formal proceedings before the court pursuant to section 1240.8 of this Title

(a) Preliminary provisions.

(1) Appearance pro se. When a respondent appears pro se, the respondent shall file with the court and office of the chief attorney an address to which any notice or other written communication required to be served upon the respondent may be sent. The respondent shall also file with the court and the office of the chief attorney a telephone number and e-mail address.

(2) Representation of respondent by counsel. Counsel for a respondent shall file with the court and office of the chief attorney a written notice of appearance which shall state such counsel's name, address, telephone number and e-mail address, and the name and address of the respondent on whose behalf counsel appears. Any additional notice or other written communication required to be served or furnished to a respondent may be sent to counsel of record for such respondent in lieu of transmission to the respondent. Any notice required to be served on or furnished to the respondent shall also be served upon or furnished to respondent's counsel in the same manner as prescribed for the respondent, notwithstanding the fact that such communication may be furnished directly to the respondent.

(3) Preference; extensions. Disciplinary matters shall be granted a preference by the court. Extension of the time periods specified in Part 1240 of this Title regarding proceedings before the referee shall be made in writing to the court and determined by a justice of the court upon good cause shown.

(b) Commencement of formal proceedings.

(1) On behalf of the committee, the office of the chief attorney shall institute formal disciplinary proceedings under section 1240.8(a)(1) of this Title by serving on the respondent a notice of petition, together with the petition and any supporting affidavits and exhibits specified in the notice at least 20 days before the time at which the petition is noticed to be heard. Unless otherwise directed by a justice of the court, petitions shall be noticed for 10 o'clock in the forenoon of any regular business day of the court during the period of August 1st through June 20th, and on Mondays during the period of June 21st through July 31st. The original notice of petition and petition (without additional conformed copies) shall be filed with the court in accordance with section 600.2(b) of this Title.

(2) Contents of notice of petition and petition. The petition shall set forth the charges of misconduct against the respondent, the disciplinary rules alleged to have been violated, and, in appropriate cases, the fact that the committee will seek restitution or reimbursement pursuant to section 90 (6-a)(a) of the Judiciary Law.

(3) Answer and reply.

(i) An answer and supporting affidavits and exhibits, if any, shall be served at least seven days before the time at which the petition is noticed to be heard. A reply, together with supporting affidavits, if any, shall be served at least one day before the petition is noticed to be heard. The original answer and original reply (without additional conformed copies) shall be filed with the court in accordance with section 600.2(b) of this Title.

(ii) The answer shall be in writing and shall respond specifically (by admissions, denials or otherwise) to each allegation of the petition and shall assert all affirmative defenses.

(iii) The respondent may include in the answer matters in mitigation.

(iv) In the event the respondent fails either to serve and file an answer or respond specifically to any allegation or charge, such allegation or charge shall be deemed admitted.

(c) Motions

(1) All motions and applications authorized under Part 1240 of this Title shall be filed with the court in the manner specified in section 600.2(a) of this Title. The parties shall submit to the clerk five conformed copies in addition to the original notice of motion and supporting affidavits and exhibits.

(2) Where the court has appointed a referee to hear and report pursuant to section 603.8 -a of this Part, the court may refer any pending motion or application in that proceeding to the referee for determination.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 603.8