Per Curium — By order of the United States District Court for the Southern District of New York (hereinafter the Southern District) dated June 17, 2016, the respondent was suspended from the practice of law in that court for a period of six months and until further order of that court.
Southern District Proceedings On December 3, 2014, the respondent appeared at the federal courthouse in White Plains, and presented a court-issued Attorney Service Pass which allowed him to bring his cell phone into the building. A standing order of the Southern District (hereinafter the standing order) prohibited the use of cell phones to record events inside the courthouse. The respondent had an appearance on behalf of the plaintiff creditors in courtroom 164 for a trial in a bankruptcy case, which was before Judge Sean Lane. While waiting for the proceedings to begin, before Judge Lane took the bench, the respondent used his cell phone to photograph an individual in the courtroom who he believed was conspiring with the defendant to hide bankruptcy assets. In addition, he “inadvertently” took video footage in the courtroom until he realized that his cell phone camera was set to the video, rather than the still-photo, setting. The respondent was questioned by a court security officer, and admitted taking photos and video. Pursuant to the standing order, on December 3, 2014, United States District Judge Nelson S. Roman, a member of the court’s Security Committee, revoked the respondent’s Attorney Service Pass, and the matter was referred to the court’s Committee on Grievances. On May 21, 2015, the Committee on Grievances issued an order to show cause directing the respondent to respond to a statement of charges arising from his use of his cellphone in the courthouse. The statement charged the respondent with violating, among other things, rules 3.4(c) (a lawyer shall not disregard a standing rule of a tribunal) and 8.4(d) (a lawyer shall not engage in conduct that is prejudicial to the administration of justice) and (h) (a lawyer shall not engage in conduct that adversely reflects on the lawyer’s fitness as a lawyer) of the Rules of Professional Conduct (22 NYCRR Part 1200). In response, the respondent submitted an affidavit and supplemental affidavit. Neither disputed the facts recited in the statement of charges. Thereafter, the Southern District’s Committee on Grievances issued an opinion and order dated January 20, 2016. The opinion and order recited the underlying facts as set forth above, and found that the respondent committed a “blatant” violation of the standing order, which, in turn, constituted a “clear” violation of the above-cited Rules of Professional Conduct. The Committee on Grievances further found that the respondent’s submissions raised no issues requiring a hearing. Based on the record and his admissions, the Committee on Grievances found that the respondent violated the above-cited rules. Although the respondent was afforded the opportunity to weigh in on the appropriate disciplinary sanction, he did not do so. By opinion and order dated June 17, 2016, the Committee on Grievances considered “the absence of a dishonest or selfish motive, and Respondent’s cooperative attitude towards this disciplinary proceeding, among other mitigating factors.” Nonetheless, it was noted that “[t]here are serious aggravating circumstances present here, including Respondent’s failure to acknowledge the wrongful nature of his conduct.” The Committee on Grievances continued: “The Court takes seriously the taking of photographs or video footage inside its courthouses because of the potential adverse impact on witnesses, litigants, and jurors. This point seems entirely lost on Respondent, who is far more dismissive than he is apologetic. The Court also notes that Respondent was previously sanctioned by this Court on at least two separate occasions for conduct entirely unrelated to the matter at issue here. See Bektic-Marrero v. Goldberg, 11-cv-1781 (CM) (AJP) (Minute entry dated Sept. 24, 2012), and Smith v. Westchester Co. Dept. of Corr., 07-cv-1803 (SS) (Dkt. Nos. 142, 144), aff’d, 13-4073 (Doc. # 74-1). The Committee concludes that the protection of the public and of the judicial system is best served by suspending Respondent from the practice of law in this district.” The Committee on Grievances suspended the respondent from the practice of law in the Southern District for a period of six months and until further order of that court. The respondent did not notify this Court or the Grievance Committee of his suspension.
