N.Y. Comp. Codes R. & Regs. tit. 22 § 806.19

Current through Register Vol. 46, No. 43, October 23, 2024

Section 806.19 - Discipline of attorneys for professional misconduct in other jurisdictions

(a) Any attorney to whom this Part shall apply, who has been disciplined in a jurisdiction other than the State of New York, may be disciplined by the court for the conduct which gave rise to the discipline imposed in the other jurisdiction.

(b) It shall be the responsibility of the attorney to file, within 30 days of the date of the disciplinary order in the other jurisdiction, a copy of said order with the court. The failure of the attorney to do so may be deemed professional misconduct.

(c) Upon the filing by the attorney or the committee of a certified or exemplified copy of the disciplinary order, the court, either directly or upon application of the committee, shall give written notice to such attorney pursuant to subdivision 6 of section 90 of the Judiciary Law, according the attorney an opportunity within 20 days of the giving of such notice to file an affidavit or affirmation setting forth any defense to discipline enumerated in subdivision (d) of this section. The notice shall further advise the attorney that in default of such filing, the court may proceed to impose discipline or take other appropriate action. Upon the filing of such affidavit or affirmation, the court may fix a time at which the attorney can be heard in mitigation or otherwise if the attorney requests such appearance in writing.

(d) The court may impose discipline upon the attorney unless an examination of the papers before it and such other evidence as the court in its discretion may receive, discloses:

(1) that the procedure in the other jurisdiction deprived the attorney of due process;

(2) that there was such an infirmity of proof establishing the misconduct that the court cannot accept as final the finding of misconduct made in the other jurisdiction; or

(3) that the imposition of discipline would be unjust. If the attorney raises either or both of the first two defenses enumerated in this subdivision, it shall be the attorney's responsibility to file with the court a copy of the record of the proceedings in the other jurisdiction. The court may require the attorney to file a copy of said record, or portion thereof, in any case in which such evidence is deemed necessary to determine the issues presented.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.19