New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter D - Fourth Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 1015 - Attorneys › Section 1015.18 - 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 (b) of section
							 90 of the
							 Judiciary Law may obtain the standard forms and instructions for that purpose
							 from the clerk of the Appellate Division. Every applicant for admission to
							 practice pursuant to subdivision l(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 receives 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 clerk
							 of the Appellate Division, 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
							 chairperson or acting chairperson 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 chairperson or acting chairperson 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
							 chairperson or acting chairperson. 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
							 the 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:
(i)
						  convicted of a felony or misdemeanor;
(ii) suspended, removed or dismissed from
						  public office or employment; or
(iii) 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.