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 806.3 - Third Department grievance program

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) Committee on professional
						  standards. This court shall appoint a committee on professional standards for
						  the Third Judicial Department, which shall consist of a chairperson and 20
						  members, three of whom shall be nonlawyers. Appointment of lawyers shall, as
						  far as practicable, be made equally from practicing attorneys in each of the
						  judicial districts in the Third Judicial Department. Appointments shall be for
						  a term of three years or for such shorter term as the court deems appropriate.
						  No person who has served two consecutive three-year terms shall be eligible for
						  reappointment until the passage of three years from the expiration of his or
						  her second term. Seven members of the committee shall constitute a quorum and
						  the concurrence of six members shall be necessary for any action taken. The
						  chairperson and vice-chairperson shall be named by the court after considering
						  the recommendations of the committee. The chairperson may appoint an executive
						  committee consisting of at least one member of the committee from each judicial
						  district.
(b) Duties
						  of committee on professional standards. The committee shall (1) consider and
						  cause to be investigated all matters called to its attention, whether by
						  complaint or otherwise, involving alleged misconduct by an attorney in the
						  Third Judicial Department, (2) supervise the professional staff in the
						  performance of its duties to the committee, (3) furnish the court quarterly
						  statistical reports concerning the disposition of all matters before the
						  committee and maintain such records as directed by the court, and (4) submit a
						  proposed annual budget to the court for approval.
(c) Defense and
						  indemnification of committee members. Members of the committee on professional
						  standards, as volunteers, are expressly authorized to participate in a
						  State-sponsored volunteer program within the meaning of subdivision 1 of
						  section
						  17 of the
						  Public Officers Law.
(d) Professional staff. The court
						  shall, in consultation with the committee, appoint a professional staff and
						  such supporting staff as shall be necessary. The chief attorney shall be
						  authorized to disburse funds within the amounts appropriated and allocated. The
						  expenses of the staff and committee shall not exceed the amounts segregated and
						  assigned by the Office of Court Administration, and shall be incurred according
						  to rules and regulations promulgated by that office.
(e) Duties of professional
						  staff. The chief attorney, under the supervision of the committee, shall (1)
						  answer and take appropriate action respecting all inquiries concerning an
						  attorney's conduct and (2) investigate all matters involving alleged misconduct
						  by an attorney in the Third Judicial Department.