Thursday, May 17, 2018

Sex And Neglect Draw Disbarment

The New York Appellate Division for the Third Judicial Department has disbarred a de-robed former judge

Respondent was admitted to practice by this Court in 1986 and maintained an office in the City of Albany, Albany County. He previously served as Town of Colonie Justice from 2002 until 2005, when he resigned while under investigation by the Commission on Judicial Conduct (see Matter of DiStefano, 2005 WL 5727950 [NY Commn Jud Conduct, Nov. 16, 2005]).

Following a May 2013 complaint, the Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) commenced an investigation concerning allegations of professional misconduct related to respondent's neglect of a client's matrimonial matter and his engagement in a sexual relationship with that domestic relations client (see Rules of Professional Conduct [22 NYCRR 1200.0] rules 1.3, 1.4, 1.8 [j]). By order entered October 12, 2017, this Court suspended respondent from the practice of law due to his failure to cooperate with that investigation and his failure to fully comply with a subpoena duces tecum issued by this Court directing him to, among other things, produce records relevant to AGC's investigation and to give testimony under oath (154 AD3d 1055 [2017]). Said suspension remains in effect

Six months passed without response and thus disbarment.

Polite question: How does one both neglect and have sex with the client? Misplaced priorities? (Mike Frisch)

Bar Discipline & Process | Permalink


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