N.Y. Comp. Codes R. & Regs. tit. 22 § 691.3

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

Section 691.3 - Discipline of attorneys for professional misconduct in foreign jurisdictions

(a) Any attorney to whom this Part shall apply, pursuant to section 691.1 of this Part, who has been disciplined in another state, territory or district, may be disciplined by this court because of the conduct which gave rise to the discipline imposed in such other state, territory or district.

(b) Upon receipt from the foreign jurisdiction of a certified or exemplified copy of the order imposing such discipline and of the record of the proceedings upon which such order was based, this court, directly or by a committee appointed pursuant to section 691.4(a) of this Part, shall give written notice to such attorney pursuant to subdivision 6 of section 90 of the Judiciary Law, according him the opportunity, within 20 days of the giving of such notice, to file a verified statement setting forth any defense to a discipline enumerated under subdivision (c) of this section, and a written demand for a hearing at which consideration shall be given to any and all defenses enumerated in said subdivision (c) of this section. Such notice shall further advise the attorney that, in default of such filing by him, this court will impose such discipline or take such disciplinary action as it deems appropriate.

(c) This court, in default of the attorney's filing a verified statement and demand as provided for in subdivision (b) of this section, may discipline such attorney unless an examination of the entire record before this court, including the record of the foreign jurisdiction and such other evidence as this court in its discretion may receive, discloses (1) that the procedure in the foreign jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or (2) that there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that this court could not, consistent with its duties, accept as final the finding of the court in the foreign jurisdiction as to the attorney' s misconduct; or (3) that the imposition of discipline by this court would be unjust.

(d) Opportunity for hearing. Where an attorney shall have duly filed both his verified statement setting forth any defense (as enumerated in subdivision [c] of this section) to the imposition of discipline by this court and his written demand for a hearing with respect to such defense, no discipline, by way of suspension or otherwise, shall be imposed without affording the attorney an opportunity to have a hearing.

(e) Any attorney to whom this Part shall apply who has been disciplined in a foreign jurisdiction shall promptly advise this court of such discipline.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 691.3