Contempt Draws Suspension

The New York Appellate Division for the First Judicial Department has imposed a suspension of one year and until further order

On October 17, 2019, respondent was convicted for criminal contempt, stemming from his willful violation of protective orders issued by the court, for which he was sentenced to 30 days’ incarceration. The protective order applied to police reports in a criminal matter in which respondent represented the defendant. The orders directed that the police reports were to be maintained in respondent’s exclusive possession, not to be copied or presented to any other person (except that respondent was permitted to show the reports to his client), and to be used for the exclusive purpose of preparing his client’s defense. However, respondent’s incarcerated client was found in possession of the police reports, which were allegedly used in an attempt to tamper with a witness.

By April 5, 2024 unpublished order, this Court deemed respondent’s conviction for criminal contempt a “serious crime” as defined by Judiciary Law § 90(4)(d). Pursuant to Judiciary Law § 90(4)(g) and the Rules for Attorney Disciplinary Matters (22 NYCRR) 1240.12(c)(2), this Court appointed a referee to conduct a hearing and issue a report as to the sanction.

He served the time and had four prior admonitions

respondent has been issued four letters of admonition, twice in 2004, again in 20191 and in 2023. The 2023 admonition was based upon respondent’s failure to file a CPL 440.10 motion in a criminal matter for which he was paid $12,000. Respondent was directed to either complete the matter at issue or refund the client’s fee, but he did neither.

Sanction

A one-year suspension is appropriate given respondent’s prior and continuous misconduct, for which he has not expressed any remorse (see e.g. Matter of Dorfman, 81 AD3d 59 [1st Dept 2011]; Matter of Leeds, 87 AD2d 96 [2d Dept 1982]). Respondent’s actions evince a disregard for his ethical obligations as an officer of the court and prior disciplinary admonitions have not deterred him from continuing his misconduct.

(Mike Frisch)