One of the hallmarks of a fair and properly functioning disciplinary system is even-handed treatment of the principal participants in that system—to wit, complainants and respondent lawyers. Unfortunately, because of its disjointed grievance structure, whereby each of the four appellate departments separately and non-uniformly oversees all aspects of attorney discipline in its geographic jurisdiction, New York does not currently meet that basic standard.
The reasons for disparate treatment are complex, relating to geography as well as to the constitutional structure and historical development of our courts. But whatever the origins and causes, the net result is a regulatory system in which the availability of important procedural rights, and even substantive outcomes, may critically depend on the location of a lawyer’s principal office.
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