Under N.Y. Jud. Governor's Memorandum approving L 1979 ch. The Court did not address whether this protection extends to both classes equally. The procedural question in Delany is narrow. Each state's determining bodies must weigh how much evidence or procedure or both is necessary when disbarring an attorney suspected of criminal behavior or serious misconduct.
Conflicting factors lead jurisdictions to respond differently.
The most cautious and attorney-protective approach withholds final disbarment until a convicted attorney exhausts the appellate process. Mississippi follows this approach. Other jurisdictions move more quickly, taking disciplinary action before conviction. The effect of a criminal charge, conviction, or judgment in one state upon an attorney's status in another is a related issue. New York's approach in Johnston is not the only possible response.