Reciprocal discipline has been imposed by the Pennsylvania Supreme Court for a criminal conviction described by the New York Appellate Division for the Second Judicial Department

At sentencing, the Assistant Attorney General prefaced his agreement with a one-year conditional discharge with the following remarks:

“It is known that Alex March was the mastermind behind the entire tampering and forgery, and that it was—Mr.  Lefkowitz’s role was that he facilitated Mr. March in helping him try to evade extradition by creating these judicial subpoenas.  And we know Mr. Lefkowitz didn’t have anything to do with the—he wasn’t the one making the phone calls.  That was Mr. March.  But Mr. Lefkowitz did aid Mr. March in ultimately achieving his goal of attempting to evade extradition.”

The facts and circumstances surrounding the judicial subpoena were as follows:  the respondent, at the request of his cousin, Alexander March, prepared a judicial subpoena duces tecum, directed to a witness, Jacqueline Watkins, in a criminal proceeding entitled, People v. March, Index No.2011–0593, Onondaga County, County Court.  The testimony of Jacqueline Watkins was sought for the purpose of challenging the version of the facts presented by the Attorney General of the State of New York. The subpoena stated as follows:  “WE COMMAND YOU, that all business and excuses being laid aside, answer the attached questionnaire, under oath, and return it to the Law Office of Jon Ari Lefkowitz PC, on or before the 10th day of January 2014.”  The subpoena further stated:  “Failure to comply with subpoena is punishable as contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply.”  Immediately below this paragraph the subpoena stated:  “WITNESS, Honorable Donald A. Greenwood, one of the judges of said Court at Syracuse, New York on the 15th day of Nov, 2013.”  Neither Judge Greenwood nor the respondent signed the subpoena, although a signature line was provided.  The respondent’s address and phone number was typed below the signature line.  The subpoena identified the respondent as the attorney for Alexander March’s spouse, Sima March, despite the fact that the respondent had never entered an appearance on her behalf.

At the conclusion of the hearing, the Special Referee found that the respondent is “fully remorseful and clearly understands that he faces further sanctions and is resolute not to repeat his mistakes.”

A two-year suspension was imposed by both courts. (Mike Frisch)