New York State Bar Association Issues Statement on Attorney Discipline

ALBANY, NY — Earlier this year, the Chief Judge Jonathan Lippman’s Commission on Statewide Attorney Discipline (“Commission”) initiated a review of the State’s attorney-disciplinary system and recommended promulgation of rules to enhance the system’s efficiency and effectiveness.

In July, New York State Bar Association President David P. Miranda presented testimony before the Commission on the issue of discovery in the disciplinary process.

The Commission considered many important topics, issued its report, and now the Office of Court Administration has issued Part 1240, Rules for Attorney Disciplinary Matters (“Rules”). The Rules will become effective on July 1, 2016.

In a statement on behalf of the Association, President Miranda said,

“We appreciate the opportunity to submit testimony and additional comments to the Commission regarding these important rules impacting the legal profession and the public. Recommendations by the Association on various issues have been incorporated into the final version of the Rules.”

“NYSBA supports the concept of uniform rules and we believe these new rules represent a very significant improvement to the process of attorney discipline.”

“We are also pleased that the final Rules are consistent with our long-standing position that confidentiality must be maintained during the disciplinary process in accordance with Section 90 of the State Judiciary Law. Section 90 protects the public and attorneys who are subject to a disciplinary investigation.”

The 74,000-member New York State Bar Association is the largest voluntary state bar association in the nation. It was founded in 1876.