Tuesday, March 26, 2013

Resignation In The Interest Of Justice

The New York Appellate Division for the First Judicial Department has accepted the resignation of an attorney who has been suspended since 1986 on a tax conviction:

In the application now before us, the movant recounts the foregoing history and asks that he be permitted to resign from the bar "in the interest of justice." He states that he is 69 years of age and has no further desire to practice law. The Departmental Disciplinary Committee, which advises that there is no disciplinary proceeding or investigation currently pending with respect to the movant, does not oppose our granting the movant's request. The Committee on Character and Fitness takes no position on the matter.

This Court's Rules do not provide for a voluntary resignation from the bar by an attorney in the movant's situation, namely, an attorney suspended pursuant to a closed disciplinary proceeding and who is not subject to any pending investigation or proceeding (cf. 22 NYCRR 603.11[a] [providing for a resignation by an attorney "who is the subject of an investigation into allegations of misconduct or who is the subject of a disciplinary proceeding pending in the court"]). Nonetheless, given that the movant no longer wishes to practice law, we deem it appropriate, under these particular circumstances, to grant the movant's application to resign from the bar in the interest of justice.

(Mike Frisch)

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