N.Y. Comp. Codes R. & Regs. tit. 22 § 806.7

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

Section 806.7 - Procedure before the committee

(a)Chief attorney's complaint.

Prior to initiating an investigation authorized by the committee acting sua sponte pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[a][1] of this Title), the committee shall maintain a written complaint, signed by the chief attorney, as part of the committee's records and which chief attorney's complaint shall serve as the basis for such investigation.

(b)Examination of respondents.

All examinations of respondents conducted either:

(1) under oath pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[b][2] of this Title); or

(2) by subpoena issued pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[b][3] of this Title) may be conducted in the presence of a member or members of the committee as determined by the chief attorney.

A record of all such examinations shall be made and a copy thereof shall be provided to the respondent upon his or her request and at his or her expense. The committee shall be entitled to reimbursement by the respondent of all costs associated with the making of any record conducted pursuant to a subpoena issued pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[b][3] of this Title), and may move the court by motion on notice pursuant to Practice Rules of the Appellate Division (section 1250.4[a] of this Title) for an order directing such reimbursement.

(c)Protective orders.

A respondent aggrieved by any investigation may move the court by motion on notice to the chief attorney pursuant to Practice Rules of the Appellate Division (section 1250.4[a] of this Title) for a protective order denying, limiting, conditioning or regulating the use of any information being sought by the chief attorney.

(d)Applications for reconsideration of a proposed admonition.

A respondent's request for reconsideration of a proposed admonition pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[d][2][v] of this Title) shall be made by correspondence to the chairperson, certified mail, return receipt requested, with a copy to the chief attorney, within 14 days from the date of mailing of the committee's notice to the respondent of the proposed admonition. The request shall be considered by the Executive Committee. If it is determined by a majority of the Executive Committee that reconsideration is warranted, the matter shall be resubmitted to the committee.

(e)Court review of committee action.

(1) A respondent's application for court review of committee action pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.7[e][1][ii] or [2] of this Title) shall be made by motion on notice to the committee consistent with Practice Rules of the Appellate Division (section 1250.4[a][4] of this Title). Such notice of motion shall be accompanied by an affidavit, and such additional exhibits as are necessary, setting forth the facts alleged in support of the application.

(2) Any application pursuant to this subdivision shall be made returnable in a manner consistent with the Practice Rules of the Appellate Division (section 1250.4[a][1] of this Title). The committee may be heard in opposition to the application by service and filing of an affirmation or affidavit, and such additional exhibits as are necessary, in a manner consistent with the Practice Rules of the Appellate Division (section 1250.4[a][5] of this Title). The applicant may not be heard in reply absent prior authorization by the court.

(3) Any application pursuant to this subdivision, any papers filed in opposition thereto and the reply, if any, shall be filed with the court as an original and a single copy thereof, along with proof of service of a single copy thereof upon the adversary. The copy of any such papers may be delivered to the court in portable document format (PDF).

(4) Applications pursuant to this subdivision may be argued upon the direction of the court made upon request of the respondent or the committee prior to the return date of the application.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.7