New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 602 - Admission To Practice › Section 602.1 - Admission of attorneys

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Filing of application papers. Every
						  applicant for admission to practice as an attorney and counselor at law
						  pursuant to subdivision 1(a) or 1(b) of section
						  90 of the
						  Judiciary Law, may obtain the standard forms and instructions for that purpose
						  from the secretary of the committee on character and fitness. Every applicant
						  for admission to practice pursuant to subdivision 1(a) of section
						  90 of the
						  Judiciary Law may obtain such forms and instructions immediately after taking
						  the bar examination, and may file a completed application, consisting of the
						  standard form of questionnaire and the other required papers as directed by the
						  instructions, at any time thereafter, regardless of whether the results of the
						  bar examination have yet been issued. As soon as the applicant shall receive a
						  letter from the State Board of Law Examiners stating that the applicant has
						  passed the bar examination, the applicant shall file that letter with the
						  secretary of the committee on character and fitness, and if the applicant's
						  questionnaire was verified more than 45 days prior to such filing, the
						  applicant shall also file a supplemental affidavit stating whether there have
						  been any changes in the facts stated therein and setting forth any such
						  changes.
(b)
						  Referral to committee on character and fitness. Every completed application
						  shall be referred for investigation of the applicant's character and fitness to
						  a committee on character and fitness designated by the Appellate Division of
						  the department to which the applicant is eligible for certification by the
						  State Board of Law Examiners after passing the bar examination, or to which the
						  applicant is applying for admission without examination in accordance with the
						  rules of the Court of Appeals for the admission of attorneys and counselors at
						  law.
(c) Quorum for
						  committee action. A majority of the entire committee shall constitute a quorum
						  for the transaction of business by a committee on character and fitness if it
						  consists of less than 10 members, and one fifth of the entire committee, but
						  not less than five members, shall constitute a quorum if it consists of 10 or
						  more members.
(d)
						  Investigation and interview. The committee may itself conduct the required
						  investigation, including an interview of the applicant, or it may authorize its
						  chairman or acting chairman to designate one or more of its members to do so
						  and to make a recommendation to the committee. The committee or the member or
						  members thereof conducting the investigation may require the applicant to
						  furnish such additional information or proofs of good character as the
						  committee or such member or members may consider pertinent. The committee may
						  commence the required investigation at any time after the applicant's completed
						  application has been filed, except that the personal interview of an applicant
						  for admission pursuant to subdivision 1(a) of section
						  90 of the
						  Judiciary Law, shall not be held until after the applicant has been notified by
						  the State Board of Law Examiners that the applicant has passed the bar
						  examination and has been certified to apply for admission.
(e) Procedure upon
						  recommendation of approval. If the committee shall approve the application
						  following its own investigation, or if it shall accept a recommendation of
						  approval submitted by the member or members conducting an investigation
						  pursuant to designation, the chairman or acting chairman shall certify to the
						  Appellate Division on behalf of the committee that the applicant possesses the
						  requisite character and fitness.
(f) Procedure upon recommendation of
						  disapproval, deferral or committee consideration. If the committee shall fail
						  to approve the application following its own investigation, or following a
						  recommendation submitted by the member or members conducting an investigation
						  pursuant to designation that the application be disapproved or that action
						  thereon be deferred, a hearing on the application shall be held expeditiously
						  before the committee or a subcommittee of at least two members designated by
						  the chairman or acting chairman. Such a hearing shall also be held if the
						  member or members conducting an investigation pursuant to designation shall
						  recommend consideration of the application by the committee and the committee
						  shall fail to approve the application following such consideration.
(g) Notice of hearing; waiver.
						  Unless waived in writing by the applicant, a written notice of hearing of not
						  less than 20 days, specifying the time and place of a hearing, shall be served
						  on the applicant. In addition, the notice of hearing shall inform the applicant
						  of the matters to be inquired into and of the applicant's right to be
						  represented by an attorney, and such information shall also be given to the
						  applicant prior to the hearing if the applicant has waived notice of
						  hearing.
(h)
						  Procedure at hearing. At the hearing, hearsay evidence may be received and
						  considered and adherence to strict rules of evidence shall not be required. The
						  applicant shall be given an opportunity to call and cross-examine witnesses and
						  to challenge, examine and controvert any adverse evidence. Upon timely request,
						  subpoenas for the attendance of witnesses or the production of papers shall be
						  issued to the applicant by the clerk of the Appellate Division, the subpoena
						  fees and mileage to be paid by the applicant.
(i) Stenographic record or tape
						  recording. A stenographic record or tape recording shall be made of the
						  hearing, and the applicant may obtain a transcript or copy of the recording at
						  the applicant's expense.
(j) Decision or report following
						  hearing. Where the hearing has been conducted by the committee, the committee
						  shall render a decision, and where the hearing has been conducted by a
						  subcommittee, the subcommittee shall render a report, within 60 days after the
						  matter is finally submitted, unless the time is extended by consent of the
						  applicant or order of the Appellate Division. The decision of the committee or
						  the report of the subcommittee, as the case may be, may recommend approval or
						  disapproval of the applicant or deferral of action on the application for a
						  period not to exceed six months.
(k) Transmittal of decision to
						  Appellate Division following hearing conducted by committee. Where the hearing
						  has been conducted by the committee, the committee shall transmit its decision
						  to the Appellate Division, together with the appropriate certificate if it
						  recommends approval of the applicant. If the decision recommends disapproval of
						  the applicant or deferral of action on the application, it shall include a
						  statement of the grounds on which it is based and a copy thereof shall be
						  served on the applicant or the applicant's attorney.
(l) Review by committee
						  following hearing conducted by subcommittee. Where the hearing has been
						  conducted by a subcommittee, the subcommittee's report and the stenographic
						  record or tape recording of the hearing shall be referred for consideration and
						  review to the committee, which shall render a decision thereon expeditiously.
						  The committee's decision may confirm, reverse or modify the subcommittee's
						  report, or direct that a further hearing be held before the same or another
						  subcommittee. If the committee's decision recommends disapproval of the
						  applicant or deferral of action on the application, it shall include a
						  statement of the grounds on which it is based and a copy thereof shall be
						  served on the applicant or the applicant's attorney. The decision shall be
						  transmitted to the Appellate Division, together with the appropriate
						  certificate if it recommends approval of the applicant. The deliberations of
						  the committee shall be confidential and the applicant shall not be entitled to
						  compel disclosure thereof.
(m) Petition to Appellate Division
						  following adverse decision. If the committee's decision is adverse to the
						  applicant, the applicant may, within 60 days after service of a copy thereof,
						  petition the Appellate Division, in accordance with rule 9404 of the Civil
						  Practice Law and Rules, on notice of not less than eight days served on the
						  committee together with any supporting papers, for an order granting the
						  application for admission to practice notwithstanding the committee's
						  decision.
(n)
						  Petition to Appellate Division in case of unreasonable delay. In any case in
						  which it is claimed that the committee has unreasonably delayed action on an
						  application for admission to practice, the applicant may petition the Appellate
						  Division, in accordance with rule 9404 of the Civil Practice Law and Rules, on
						  notice of not less than eight days served on the committee together with any
						  supporting papers, for an order granting the application notwithstanding the
						  committee's failure to complete action thereon, or for other appropriate
						  relief.
(o) Petition
						  for advance ruling with respect to past conduct.
(1) Any person who is a matriculated
						  student in an approved law school, as an approved law school is defined in the
						  rules of the Court of Appeals for the admission of attorneys and counselors at
						  law, or who has applied for admission to such a law school, and who has
						  previously been convicted of a felony or misdemeanor, or suspended, removed or
						  dismissed from public office or employment, or dishonorably discharged from the
						  armed services of the United States, may petition the Appellate Division of the
						  department in which such person resides or is employed full-time, or if such
						  person does not reside and is not employed full-time in the State, the
						  Appellate Division of the Third Department, for an advance ruling, in
						  accordance with this section, as to whether such conviction, suspension,
						  removal or dismissal from public office or employment, or dishonorable
						  discharge, as the case may be, would operate to disqualify the petitioner, on
						  character grounds, from being admitted to practice as an attorney and counselor
						  at law in this State.
(2) The petition shall include a
						  detailed statement of the facts with respect to the petitioner's conviction,
						  suspension, dismissal or removal from public office or employment, or
						  dishonorable discharge, as the case may be, and of the petitioner's activities
						  subsequent thereto which the petitioner believes bear on character and fitness
						  to practice law.
(3)
						  The petitioner shall also submit a completed and verified questionnaire on the
						  standard form furnished by the committee on character and fitness and
						  affidavits of good moral character from two reputable persons who have known
						  the petitioner for at least one year. In addition, the petitioner shall submit
						  a letter from a person in authority at the approved law school in which the
						  petitioner is a matriculated student or to which the petitioner has applied for
						  admission, stating that such law school would retain or accept the petitioner
						  as a student therein, as the case may be, if the petitioner's conviction,
						  suspension, dismissal or removal from public office or employment or
						  dishonorable discharge, as the case may be, would not operate to disqualify the
						  petitioner from being admitted to practice as an attorney and counselor at law
						  in this State.
(4)
						  The petition and other papers submitted by the petitioner shall be referred to
						  the appropriate committee on character and fitness, which shall process and
						  investigate the petition in accordance with the procedures set forth in the
						  preceding subdivisions of this section. The committee may recommend that a
						  ruling be made either in favor of or against the petitioner, or that no ruling
						  be made, and its recommendation shall be transmitted to the Appellate
						  Division.
(5) A
						  ruling made by the Appellate Division in favor of the petitioner shall
						  determine that the petitioner's prior conviction, suspension, removal or
						  dismissal from public office or employment, or dishonorable discharge, as the
						  case may be, and the acts committed by the petitioner which resulted therein,
						  would not operate to disqualify the petitioner, on character grounds, from
						  being admitted to practice as an attorney and counselor at law in this State.
						  Such a ruling shall have binding force throughout the State with respect to the
						  determination thus made by it. In the event that the Appellate Division should
						  rule against the petitioner or should refuse to make a ruling, its
						  determination shall be without prejudice to the petitioner's right, after
						  passing the bar examination, to apply for a favorable ruling with respect to
						  character and fitness.