Any Felony Conviction Threatens New York License

A recent article in the New York Times cites to expert opinions that term the possibility of professional discipline against soon-to-be former New York Governor Eliot Spitzer “unlikely.” In my view, the commentary overlooks the possibility of a felony conviction. If there is a felony conviction in federal court for an offense that would not constitute a felony under New York state law, the conviction would not mean that the convicted attorney would “cease to be an attorney” under New York Judiciary Law, section 90(4)(a). However, any felony conviction is deemed a “serious crime” and results in suspension pursuant to section (4)(f). The appellate division could thereafter set the suspension aside for good cause “when it appears consistent with the maintenance of the integrity and honor of the profession, the protection of the public and the interest of justice.” Once a conviction is final, the suspended attorney is then directed to “show cause why a final order of suspension, censure or removal from office should not be imposed” under section (4)(g).

Thus, if there is a conviction of a federal felony offense, some form of sanction would be more likely than not. (Mike Frisch)