Trial Court Cannot Order CLE As Litigation Sanction

The New York Appellate Division for the Third Judicial Department has held that a trial court lacks the authority to impose continuing education requirements as a sanction for litigation misconduct

current court rules do not permit a trial court to impose a sanction against an attorney in the form of mandated additional CLE requirements. The regulation permits courts to make appropriate awards of costs or impose “financial sanctions,” but does not mention any nonmonetary types of sanctions (22 NYCRR 130-1.1 [b]). While Supreme Court has power and control over attorneys,  Judiciary Law § 90 [2]; Taub v Committee on Professional Stds. for Third Jud. Dept., 200 AD2d 74, 77 [1994]; see also Matter of Crockett, 120 AD3d 878, 880 [2014] [requiring attorney to complete additional CLE credits as part of disciplinary sanction]; Matter of Galvin, 87 AD3d 1223, 1223-1224 [2011] [same]). As Supreme Court did not have the authority to require Steele to complete additional CLE credits, we strike that portion of the order.

The litigation began as a suit for unpaid legal fees. (Mike Frisch)