It is indisputable that an attorney must respect and follow the law. In the case of the criminal law, an attorney convicted of a crime can be professionally disciplined even where the criminality does not involve the practice of law. Matter of Dolphin, 240 N.Y. 89 (1925); Matter of Nixon, 385 N.Y.S.2d 305 (N.Y. App. Div. 1976).

In New York, an attorney who takes a plea to a misdemeanor is deemed convicted at time of plea or verdict. NY CPL 1.20(13). An attorney convicted of a crime must report that conviction to the appropriate grievance committee within 30 days of the conviction. Failure to report is an act of professional discipline. 22 NYCRR 1240.12(a) [Rules For Attorney Disciplinary Matters]; Judiciary Law 90(4)(c).

Subsection (b) of 22 NYCRR 1240.12 states that upon receipt of the notice of conviction, "the Committee shall investigate the matter …" (emphasis added). Unless the crime is of a type where a non-disciplinary Letter of Advisement is warranted, which in our experience is a rare result, the investigation will result in some level of professional discipline of the attorney. A Committee can investigate and decide on an appropriate sanction itself and issue a Letter of Admonition (22 NYCRR 1240.7(d)(2)(v)). The Admonition is not public, but it is professional discipline. Alternatively, the Committee can commence a formal Disciplinary Proceeding, which likely will result in some level of public discipline (22 NYCRR 1240.8). Public discipline can be a public censure, a period of suspension, or disbarment. 22 NYCRR 1240.8(b) Should the criminal conduct be such that it is adjudged to be "immediately threatening the public interest," or a "Serious Crime" as defined by Judiciary Law 90(4)(d), the attorney could be suspended on an interim basis pending a final determination. 22 NYCRR 1240.9; Jud. Law 90.4(f).