Authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney

BILL NUMBER:S6631 REVISED 03/30/12

Title of bill

An act to amend the judiciary law, in relation to authorizing the accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney and relates to the sharing and return of evidence or other materials associated with such complaint, inquiry, investigation or proceeding

Purpose

This legislation authorizes an accusing party to submit a response to the dismissal of a complaint, inquiry, investigation or proceeding relating to the conduct or discipline of an attorney.

Summary of provisions

Section 1. Section 90 of the judiciary law is amended by adding a new subdivision 11 to read as follows:

11. Notwithstanding subdivision ten of this section or any other statute, rule or regulation to the contrary:

a. When the Disciplinary Committee finds a complaint of attorney misconduct substantial enough to require an answer from the attorney accused of misconduct, the committee shall provide the complainant with a written explanation of its decision not to pursue the, claim of attorney misconduct and an opportunity for the complainant to respond to said decision;

b. The disciplinary committee shall provide evidence to all parties to the complaint when, in the course of investigating a complaint of attorney misconduct, the committee creates, identifies, or relies upon new evidence and such evidence is shared with one party to the complaint;

c. The disciplinary committee shall, at the close of the handling of a complaint of attorney misconduct, promptly return any or all materials provided to the committee when the committee is asked by either side to return such materials.

Justification

Every year numerous claims are submitted by citizens making accusations against attorneys. Hence, these accusations claim some sort of misconduct or wrong doing. Upon receipt of those claims by the "Disciplinary Committee", which is an arm of the New York State Appellate Division, they are reviewed and then the claim is determined to be founded or unfounded. Regardless of the determination, New York State currently has no mechanism in place that requires the Disciplinary Committee make their decisions accessible to all parties. This hill establishes that mechanism,

creates transparency and establishes under what circumstances these decisions must be made available to ail parties to the compliant. This is a good government bill that creates accountability in our judicial system.

Legislative history

None.

Fiscal implications

None to New York State.

Effective date

This act shall take effect immediately after passing both the New York State Assembly and the New York State Senate and is signed by the governor.