Each month, New York’s case reporters include decisions in which attorneys are censured, suspended and disbarred. Judiciary Law §90 authorizes the Appellate Division to impose such discipline on any attorney who is guilty of professional misconduct, crime or any conduct prejudicial to the administration of justice. The Appellate Division has broad authority to punish wayward attorneys, with each judicial department in the state maintaining its own set of rules for dispensing discipline.
Judiciary Law §90(4)(a) provides that a felony conviction will result in an attorney’s automatic disbarment. If an attorney is convicted of a misdemeanor, or is found to have conducted himself inappropriately in a civil proceeding, an imposition of discipline without the benefit of a hearing (other than one where the attorney is permitted to introduce evidence of mitigation) may result.
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