Sanction For Assault On Romantic Partner

The New York Appellate Division for the First Judicial Department imposed a nine-month suspension and until further order for a domestic assault conviction

After a night out fueled by alcohol and cocaine, respondent repeatedly struck his then-girlfriend and threw a glass vase at her, causing injury.

Respondent pled guilty to assault in the third degree, and received a conditional discharge that included a full and final order of protection in favor of respondent’s girlfriend for a period of five years and monitoring by the court for a minimum of 12 months. Respondent has complied with the conditions of his plea agreement, which included successful completion of a 26-week Abusive Partner Intervention Program; 12 months of individualized counseling, sexual behavior treatment, and substance abuse treatment; and refraining from posting about or referring to the girlfriend on social media.

With respect to factors in mitigation, the parties agree that respondent was a young, newly-admitted attorney with no prior disciplinary history; that he has a history of attention deficit hyperactivity disorder; that he has completed a six-month Abusive Partner Intervention Program and has consistently seen a therapist; that he has expressed remorse and contrition; that he timely self-reported his conviction; and that he has cooperated with the Committee’s investigation.

With respect to factors in aggravation, the parties agree that there were previous incidences of domestic violence involving injury and the threat of physical violence to the former girlfriend.

The court noted that harsher sanctions have been ordered for domestic abuse of a romantic partner

Wherefore, it is Ordered that the parties’ joint motion for discipline by consent pursuant to 22 NYCRR 1240.8(a)(5) is granted, and respondent Ethan Ruby is suspended from the practice of law in the State of New York for a period of nine months, effective October 21, 2024, and until further order of this Court, and respondent is further directed to participation in New York City Bar Association’s Lawyer Assistance Program for a period of one year...

The parties had consented to the sanction imposed by the court. (Mike Frisch)