N.Y. Comp. Codes R. & Regs. tit. 22 § 806.5

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

Section 806.5 - Staff of the Attorney Grievance Committee for the Third Judicial Department

(a)Appointment of the chief attorney and staff.

The court shall appoint a chief attorney of the Attorney Grievance Committee. The court, in consultation with the chief attorney, shall appoint such professional staff and such supporting staff to the committee as shall be necessary and as may be provided for in the Unified Court System budget.

(b)Duties of the chief attorney.

(1) The chief attorney, in accord with Uniform Rules for Attorney Disciplinary Matters (Part 1240 of this Title), shall review and take appropriate action respecting all complaints concerning conduct by an attorney or entity to whom the rules of this Part apply.

(2) The chief attorney is authorized to delegate his or her duties and responsibilities to such other members of the committee's professional staff as he or she deems appropriate.

(3) Transfers authorized pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[a][2] of this Title).

(i) The chief attorney shall identify complaints submitted to the committee which are more appropriate for filing in another judicial department. Upon identification of such a complaint, the chief attorney may transfer such complaint to the appropriate Attorney Grievance Committee located in another judicial department by correspondence on notice to the complainant.

(ii) The chief attorney shall identify complaints submitted to the committee which allege professional misconduct committed by members of the committee or the committee's professional staff. Upon identification of such a complaint, and provided that the complaint may not otherwise be disposed of pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[d][1] of this Title), the chief attorney shall apply to the court for an order transferring the complaint to an alternative Attorney Grievance Committee located in another judicial department.

(iii) The chief attorney shall identify complaints submitted to the committee which allege professional misconduct committed by the partners, associates or members of any law firm associated with a member of the committee. Upon identification of such a complaint, and provided that the complaint may not otherwise be disposed of pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[d][1] of this Title), the chief attorney may, after consultation with the chairperson, apply to the court for an order transferring the complaint to an alternative Attorney Grievance Committee located in another judicial department. No committee member shall take part in the disposition of any complaint alleging professional misconduct committed by the partners, associates or members of any law firm associated with such committee member.

(iv) The chief attorney may, after consultation with the chairperson, apply to the court for an order transferring any complaint concerning an attorney or entity covered by the rules of this Part, if the chief attorney reasonably concludes that consideration of the complaint by the committee or the court would present a conflict of interest for the court or the committee.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.5