Friday, October 30, 2009

No Stay

An attorney was automatically disbarred by operation of a felony conviction by the New York Appellate Division for the First Judicial Department:

The Departmental Disciplinary Committee seeks an order...striking respondent's name from the roll of attorneys as of the date of his conviction of a felony...On June 28, 2006, following a jury trial, respondent was convicted in Supreme Court, New York County, of assault in the second degree, a class D felony, after he struck a police officer with his motor vehicle while the officer was issuing him a traffic summons. After respondent failed to appear for sentencing in September 2006, the court issued a warrant for his arrest. Respondent fled to and resided in Africa and Europe, but returned to court on the outstanding warrant in January 2009. In May 2009, respondent was sentenced to six months of incarceration and five years of probation.

In opposition to the petition, respondent, pro se, claims, inter alia, that he is innocent and that he was "duped" by his own counsel, and asks that any sanction be deferred pending the appeal of his conviction.

Respondent's felony conviction automatically disbarred him by operation of law. There are no legal grounds for a stay pending the appeal of a felony conviction.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/10/an-attorney-was-automatically-disbarred-by-operation-of-a-felony-conviction-by-the-new-york-appellate-division-for-the-first.html

Bar Discipline & Process | Permalink

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