IN RE: ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-A. (2023)

The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) moves pursuant to Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.9(a)(5) and Rules of the Appellate Division, Third Department (22 NYCRR) § 806.9 for an order suspending respondent attorneys – all of whom either last listed a registration address within this Judicial Department or were admitted to practice by this Court (see generally Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.7[a][2]) – upon the ground that they have failed to fulfill their respective attorney registration obligations for at least one biennial registration period (see Judiciary Law § 468–a;  Rules of Chief Admr of Cts [22 NYCRR] § 118.1) and remain delinquent in such obligation to date.  Respondents were noticed of the application pursuant to the terms of an order to show cause which was marked returnable September 25, 2023 and is supported by affirmation of AGC's counsel with exhibits (see generally Judiciary Law § 90[6]).

Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 each require that attorneys admitted to practice in New York file a registration statement with the Office of Court Administration (hereinafter OCA) on a biennial basis.  This obligation extends to all attorneys admitted in New York, regardless of where they work or reside, and even applies to attorneys who have been suspended or who have retired from the practice of law altogether (see Rules of Chief Admr of Cts [22 NYCRR] § 118.1[a]-[c], [g]).  After an attorney's initial registration upon admission to the bar, the obligation to register is triggered by the attorney's birthdate every other year thereafter, and an attorney has a 30–day grace period following his or her birthdate in which to satisfy the obligation (see Judiciary Law § 468–a [2];  Rules of Chief Admr of Cts [22 NYCRR] § 118.1[a]-[c]).  Since the registration requirement applies “for as long as the attorney remains duly admitted to the New York bar” (Rules of Chief Admr of Cts [22 NYCRR] § 118.1[a]-[c]), it may only be terminated by the attorney's death, disbarment or formal resignation upon order of the Appellate Division (see generally Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.22[a]).¹

The failure to duly register as an attorney “shall constitute conduct prejudicial to the administration of justice and shall be referred to the appropriate appellate division ․ for disciplinary action” (Judiciary Law § 468–a [5];  see Benjamin v. Koeppel, 85 N.Y.2d 549, 555–556 [1995];  Rules of Chief Admr of Cts [22 NYCRR] § 118.1[h]).  To be sure, the Rules of Professional Conduct explicitly define “conduct that is prejudicial to the administration of justice” as attorney misconduct (see Rules of Professional Conduct [22 NYCRR 1200.0] rule 8.4[d]), and this Court has repeatedly and consistently held that an attorney's failure to comply with his or her registration requirements is professional misconduct warranting the imposition of discipline (see Matter of Attorneys in Violation of Judiciary Law § 468–a, 172 AD3d 1706, 1707 [3d Dept 2019];  Matter of Attorneys in Violation of Judiciary Law § 468–a, 65 AD3d 1447, 1447–1448 [3d Dept 2009];  Matter of Arms, 251 A.D.2d 743, 743–744 [3d Dept 1998];  Matter of Ryan, 238 A.D.2d 713, 713–714 [3d Dept 1997];  Matter of Farley, 205 A.D.2d 874, 874–875 [3d Dept 1994]).

AGC has put forth uncontroverted evidence of respondents’ misconduct in the form of documentary proof that each respondent has failed to fulfill his or her attorney registration obligations and remains delinquent in that obligation to date (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.9[a][5]).  Accordingly, AGC's motion is hereby granted and the respondents listed on the schedule attached hereto are suspended, effective immediately and until further order of this Court (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16;  Rules of App.Div., 3d Dept [22 NYCRR] § 806.16[c]).

ORDERED that the motion of the Attorney Grievance Committee for the Third Judicial Department is granted;  and it is further

ORDERED that the respondents listed on the schedule attached hereto are suspended from the practice of law, effective immediately, and until further order of this Court;  and it is further

ORDERED that, for the period of suspension, respondents are commanded to desist and refrain from the practice of law in any form in the State of New York, either as a principal or as an agent, clerk or employee of another;  and respondents are hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold him- or herself out in any way as an attorney and counselor-at-law in this State;  and it is further

ORDERED that respondents shall comply with the provisions of the Rules for Attorney Disciplinary Matters regulating the conduct of suspended attorneys and shall duly certify to the same in his or her affidavit of compliance (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.15);  and it is further

ORDERED that this Memorandum and Order on Motion shall be deemed served upon respondents by (1) its continuous publication on this Court's website, (2) weekly publication on this Court's Twitter account for a period not to exceed 30 days, (3) email delivery of the motion papers to “any and all email addresses on file” for each respondent with the Office of Court Administration, and (4) first-class mail to the last-known home address of each respondent without an email address on file with the Office of Court Administration.

Attachment

SCHEDULE

FOOTNOTES

1.   We further observe that, over and above the biennial registration requirement, every New York attorney also has an affirmative duty to keep OCA apprised of his or her up-to-date contact information (see Rules of Chief Admr of Cts [22 NYCRR] § 118.1[f]).

Per Curiam.

Lynch, J.P., Clark, Aarons and Powers, JJ., concur.