January 2, 2009
Disbarment For Traffic Offenses
The New York Appellate Division for the Fourth Judicial Department recently disbarred two attorneys for felony convictions for driving while intoxicated (In re Bailey) and leaving the scene of an incident without reporting (In re Duffy). The court did so by means of short orders that do not provide any particulars regarding the offenses or the court's sanction reasoning.
The link should take you to the page from which the orders can be accessed.
UPDATE: a comment notes (and I should know, having pointed it out many times) that there is no need for an explanation or description of the offenses as disbarment is automatic for a New York felony. (Mike Frisch)
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Both were felonies so come under New York's automatic disbarment upon conviction of a felony. So if these two cases raise any issues at all, they are 1) whether these two traffic offenses should be felonies and 2) whether automatic disbarment for all felonies is really appropriate -- especially when the number of felonies has grown over the years to include crimes which once-upon-a-time would not have been felonies.
Posted by: FixedWing | Jan 2, 2009 11:04:14 AM