Thursday, November 29, 2012

Struck From the Rolls

An attorney who had signed the names of judges to five subpoenas without permission has been struck from the rolls by the New York Appellate Division for the First Judicial Department:

...respondent states that on or about April 10, 2012, she appeared in Brooklyn Supreme Court, Criminal Term, on behalf of the New York City Department of Probation, as the assigned attorney on a probation violation hearing. Two representatives of drug treatment programs appeared pursuant to subpoenas they had received, and questioned the validity of the subpoenas which were purportedly signed by Supreme Court Judge Michael Brennan. On that day Supreme Court Judge Vincent Del Guidice presided over the matter in Judge Brennan's absence and took possession of the subpoenas for further investigation. The City of New York Department of Investigation conducted an investigation following which they referred the matter to the Kings County District Attorney's Office for criminal prosecution against respondent. In exchange for a non-criminal plea offer, respondent agreed to resign from the practice of law in the State of New York. Respondent further admits that she improperly prepared the two subpoenas by signing Judge Brennan's signature on one, and printing his name on the other, without his permission or authority.

Additionally, respondent admits that in three unrelated matters, she improperly "issued" judicial subpoenas by printing the judges' names without permission or authority. With respect to two of those subpoenas, one dated April 18, 2011 and the other October 31, 2011, respondent printed Judge Brennan's name on the signature line, and with the third subpoena, dated July 21, 2011, respondent typed in Judge Matthew J. D'Emic's name on the signature line.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/11/an-attorney-who-had-signed-the-names-of-judges-to-five-subpoenas-without-permission-has-been-struck-from-the-rolls-by-the-new.html

Bar Discipline & Process | Permalink

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