Wednesday, December 30, 2015

New York adopts new attorney discipline rules

From the New York State Office of Court Administration:
The new rules, which provide for a harmonized approach to the investigation, adjudication and post-proceeding administration of attorney disciplinary matters were approved following public comment and upon recommendation of the Administrative Board of the Courts. They will be promulgated as Part 1240 of the Rules of the Appellate Division (22 NYCRR Part 1240) and will take effect in July 2016.

The rules announced today are comprehensive in scope, and set forth a uniform approach to the full panoply of issues in attorney discipline, including: standards of jurisdiction and venue; appointment of disciplinary committees and staff; screening and investigation of complaints; proceedings before the Appellate Division; rules of discovery; the name and nature of available disciplinary sanctions and procedural remedies for further review; expanded options for diversion to monitoring programs; reinstatement; and confidentiality.

The new rules are available here.