New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.3 - Discipline of attorneys for professional misconduct in foreign jurisdictions

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Any attorney to whom this Part shall apply, pursuant to section
						  691.1 of this Part, who has been
						  disciplined in another state, territory or district, may be disciplined by this
						  court because of the conduct which gave rise to the discipline imposed in such
						  other state, territory or district.
(b) Upon receipt from the foreign
						  jurisdiction of a certified or exemplified copy of the order imposing such
						  discipline and of the record of the proceedings upon which such order was
						  based, this court, directly or by a committee appointed pursuant to section
						  691.4(a) of this
						  Part, shall give written notice to such attorney pursuant to subdivision 6 of
						  section
						  90 of the
						  Judiciary Law, according him the opportunity, within 20 days of the giving of
						  such notice, to file a verified statement setting forth any defense to a
						  discipline enumerated under subdivision (c) of this section, and a written
						  demand for a hearing at which consideration shall be given to any and all
						  defenses enumerated in said subdivision (c) of this section. Such notice shall
						  further advise the attorney that, in default of such filing by him, this court
						  will impose such discipline or take such disciplinary action as it deems
						  appropriate.
(c)
						  This court, in default of the attorney's filing a verified statement and demand
						  as provided for in subdivision (b) of this section, may discipline such
						  attorney unless an examination of the entire record before this court,
						  including the record of the foreign jurisdiction and such other evidence as
						  this court in its discretion may receive, discloses (1) that the procedure in
						  the foreign jurisdiction was so lacking in notice or opportunity to be heard as
						  to constitute a deprivation of due process; or (2) that there was such an
						  infirmity of proof establishing the misconduct as to give rise to the clear
						  conviction that this court could not, consistent with its duties, accept as
						  final the finding of the court in the foreign jurisdiction as to the attorney'
						  s misconduct; or (3) that the imposition of discipline by this court would be
						  unjust.
(d)
						  Opportunity for hearing. Where an attorney shall have duly filed both his
						  verified statement setting forth any defense (as enumerated in subdivision [c]
						  of this section) to the imposition of discipline by this court and his written
						  demand for a hearing with respect to such defense, no discipline, by way of
						  suspension or otherwise, shall be imposed without affording the attorney an
						  opportunity to have a hearing.
(e) Any attorney to whom this Part
						  shall apply who has been disciplined in a foreign jurisdiction shall promptly
						  advise this court of such discipline.