New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle B - Attorneys › Part 806 - Conduct of Attorneys › Section 806.5 - Staff of the Attorney Grievance Committee for the Third Judicial Department

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
Appointment of the chief attorney and staff.
The court shall appoint a chief attorney of the
							 Attorney Grievance Committee. The court, in consultation with the chief
							 attorney, shall appoint such professional staff and such supporting staff to
							 the committee as shall be necessary and as may be provided for in the Unified
							 Court System budget.
(b)
Duties of the chief attorney.
(1) The chief attorney, in accord with
						  Uniform Rules for Attorney Disciplinary Matters (Part 1240 of this Title),
						  shall review and take appropriate action respecting all complaints concerning
						  conduct by an attorney or entity to whom the rules of this Part
						  apply.
(2) The chief attorney is
						  authorized to delegate his or her duties and responsibilities to such other
						  members of the committee's professional staff as he or she deems
						  appropriate.
(3) Transfers
						  authorized pursuant to Uniform Rules for Attorney Disciplinary Matters (section
						  1240.7[a][2] of
						  this Title).
(i) The chief attorney shall
						  identify complaints submitted to the committee which are more appropriate for
						  filing in another judicial department. Upon identification of such a complaint,
						  the chief attorney may transfer such complaint to the appropriate Attorney
						  Grievance Committee located in another judicial department by correspondence on
						  notice to the complainant.
(ii) The
						  chief attorney shall identify complaints submitted to the committee which
						  allege professional misconduct committed by members of the committee or the
						  committee's professional staff. Upon identification of such a complaint, and
						  provided that the complaint may not otherwise be disposed of pursuant to
						  Uniform Rules for Attorney Disciplinary Matters (section
						  1240.7[d][1] of
						  this Title), the chief attorney shall apply to the court for an order
						  transferring the complaint to an alternative Attorney Grievance Committee
						  located in another judicial department.
(iii) The chief attorney shall identify
						  complaints submitted to the committee which allege professional misconduct
						  committed by the partners, associates or members of any law firm associated
						  with a member of the committee. Upon identification of such a complaint, and
						  provided that the complaint may not otherwise be disposed of pursuant to
						  Uniform Rules for Attorney Disciplinary Matters (section
						  1240.7[d][1] of
						  this Title), the chief attorney may, after consultation with the chairperson,
						  apply to the court for an order transferring the complaint to an alternative
						  Attorney Grievance Committee located in another judicial department. No
						  committee member shall take part in the disposition of any complaint alleging
						  professional misconduct committed by the partners, associates or members of any
						  law firm associated with such committee member.
(iv) The chief attorney may, after
						  consultation with the chairperson, apply to the court for an order transferring
						  any complaint concerning an attorney or entity covered by the rules of this
						  Part, if the chief attorney reasonably concludes that consideration of the
						  complaint by the committee or the court would present a conflict of interest
						  for the court or the committee.