Lawyers convicted of criminal offenses not only face penal sanctions but, not surprisingly, are also subject to professional discipline. In New York, Judiciary Law §90(4) strictly governs the effect of criminal conduct on subsequent discipline. It essentially divides crimes that attorneys commit into three categories for purposes of discipline: (1) felonies, warranting automatic disbarment upon conviction; (2) "serious crimes," which mandate immediate, interim suspension pending the outcome of a disciplinary proceeding (hearing in mitigation) to determine the sanction—subject, however, to the Appellate Division dispensing with an interim suspension for good cause shown; and (3) all other crimes, the conviction of which may give rise to a standard disciplinary proceeding. "Crime" is defined as conviction of a "felony" or a "misdemeanor."
The rules of each of the four departments set forth various standards and procedures with respect to criminal convictions and subsequent discipline; for the most part these rules amplify the statutory scheme set out in Judiciary Law §90(4). Statewide, according to recent statistics, approximately 25 percent of all public discipline imposed by the courts stem from criminal convictions of New York attorneys.
Automatic Felony Disbarment
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