Reciprocal Incapacity Suspension

A reciprocal indefinite suspension on medical grounds was imposed by the New York Appellate division for the First Judicial Department based on a suspension imposed in Connecticut.

By motion dated January 5, 2017, the Attorney Grievance Committee (Committee) seeks an order, pursuant to the Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.14(b), indefinitely suspending respondent on medical grounds, as evidenced by an order dated June 16, 2016 issued by the Connecticut Superior Court, placing respondent on inactive status based upon its finding that she is incapacitated from continuing to practice law.

The Connecticut disposition came in the midst of the investigation of a bar complaint.

The Disciplinary Counsel sought an order of inactive status based upon, inter alia, respondent’s incapacity to continue to practice law by reason of illness. After having reviewed respondent’s medical records, the Connecticut Superior Court found her incapacitated from practice.

The attorney did not respond in New York.

While this Court has not reviewed respondent’s medical documentation, the Connecticut Superior Court’s finding of incapacity should be fully credited herein to protect the public interest. The Connecticut court’s order makes clear that its determination that respondent is incapacitated from continuing to practice law and to place her on inactive status was based on its review of her medical records. Therefore, we find it proper to reciprocally suspend respondent based upon the Connecticut court’s determination and the circumstances surrounding this case (see Matter of Grant, 263 AD2d 133 [1st Dept 1999] [granting medical suspension based upon Connecticut court’s determination that attorney was incompetent to stand trial]; see also Matter of Falls, 121 AD3d 83 [1st Dept 2014] [granting medical suspension based upon, inter alia, letters from treating psychiatrist]).

(Mike Frisch)