N.Y. Comp. Codes R. & Regs. tit. 22 § 690.19

Current through Register Vol. 46, No. 50, December 11, 2024

Section 690.19 - Petition for advance ruling with respect to past conduct

(a) Any person who is a matriculated student in an approved law school, as an approved law school is defined in the rules of the Court of Appeals for the admission of attorneys and counselors at law, or who has applied for admission to such a law school, and who has previously been (1) convicted of a felony or misdemeanor, or (2) suspended, removed or dismissed from public office or employment, or (3) dishonorably discharged from the armed services of the United States, may petition the Appellate Division of the department in which such person resides or is employed full-time, or, if such person does not reside and is not employed full-time in the State, the Appellate Division of the Third Department, for an advance ruling, in accordance with this section, as to whether such conviction, suspension, removal or dismissal from public office or employment, or dishonorable discharge, as the case may be, would operate to disqualify the petitioner, on character grounds, from being admitted to practice as an attorney and counselor at law in this State.

(b) The petition shall include a detailed statement of the facts with respect to the petitioner's conviction, suspension, dismissal or removal from public office or employment, or dishonorable discharge, as the case may be, and of the petitioner's activities subsequent thereto which the petitioner believes bear on character and fitness to practice law.

(c) The petitioner shall also submit a completed and verified questionnaire, on the standard form furnished by the committee on character and fitness, and affidavits of good moral character from two reputable persons who have known the petitioner for at least one year. In addition, the petitioner shall submit a letter from a person in authority at the approved law school in which the petitioner is a matriculated student, or to which the petitioner has applied for admission, stating that such law school would retain or accept the petitioner as a student therein, as the case may be, if the petitioner's conviction, suspension, dismissal or removal from public office or employment, or dishonorable discharge, as the case may be, would not operate to disqualify the petitioner from being admitted to practice as an attorney and counselor at law in this State.

(d) The petition and other papers submitted by the petitioner shall be referred to the appropriate committee on character and fitness, which shall process and investigate the petition in accordance with the procedures set forth in the preceding sections of this Part. The committee may recommend that a ruling be made either in favor of or against the petitioner, or that no ruling be made, and its recommendation shall be transmitted to the Appellate Division.

(e) A ruling made by the Appellate Division in favor of the petitioner shall determine that the petitioner's prior conviction, suspension, removal or dismissal from public office or employment, or dishonorable discharge, as the case may be, and the acts committed by the petitioner which resulted therein, would not operate to disqualify the petitioner, on character grounds, from being admitted to practice as an attorney and counselor at law in this State. Such a ruling shall have binding force throughout the State with respect to the determination thus made by it. In the event that the Appellate Division should rule against the petitioner or should refuse to make a ruling, its determination shall be without prejudice to the petitioner's right, after passing the bar examination, to apply for a favorable ruling with respect to character and fitness.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 690.19