senate Bill S5078

Signed by Governor

Requires attorneys to file a record of a criminal conviction in any court in the United States with the appellate division

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 08 / May / 2013
    • REFERRED TO JUDICIARY
  • 29 / May / 2013
    • 1ST REPORT CAL.766
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2013
    • PASSED SENATE
  • 04 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 04 / Jun / 2013
    • REFERRED TO CODES
  • 19 / Jun / 2013
    • SUBSTITUTED FOR A7460
  • 19 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.461
  • 19 / Jun / 2013
    • PASSED ASSEMBLY
  • 19 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.283

Summary

Requires attorneys to file a record of a criminal conviction in any court in the United States with the appellate division.

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Bill Details

See Assembly Version of this Bill:
A7460
Versions:
S5078
Legislative Cycle:
2013-2014
Law Section:
Judiciary Law
Laws Affected:
Amd §90, Judy L

Sponsor Memo

BILL NUMBER:S5078

TITLE OF BILL: An act to amend the judiciary law, in relation to
reporting an attorney's conviction of a crime to the appellate
division

This measure is being introduced at the request of the Administrative
Board of the Courts{1}.

This measure would amend section 90(4)(c) of the Judiciary Law to
require that an attorney, upon his or her conviction of a crime in any
court, file the record of his or her conviction with the Appellate
Division within 30 days of that conviction.

Under present section 90(4)(c), such filing requirement only applies
where an attorney has been convicted of a crime in a court of record.
It does not apply where an attorney is convicted of a crime in a court
not of record{2}.

This exception for convictions entered in courts not of record is
anomalous. For example, an attorney convicted of a DUI in a City Court
must report that conviction to the Appellate Division while an
attorney convicted of the same offense in a neighboring Town Justice
Court has no obligation to report that conviction. This makes no sense
and certainly does not serve the larger public policy underlying the
filing requirement, i.e., to facilitate discharge of the Appellate
Divisions' responsibility to superintend the practice of law in New
York by ensuring that the Appellate Divisions receive prompt
notification of an attorney's criminal conviction{3}. An attorney's
criminal offense is no less worthy of professional discipline where it
is determined in a court not of record than it is in a court of
record. The distinction between courts of record and not of record
drawn by the statute is largely obsolete today as proceedings in most
Justice Courts are fully recorded and because Town and Village Justice
Courts enjoy the same criminal jurisdiction within their respective
municipalities as do City Courts, District Courts and the New York
City Criminal Court - all courts of record - i.e., preliminary
jurisdiction of all offenses and trial jurisdiction of misdemeanors
and violations. Accordingly, we urge that the exception be eliminated
and that the statute require attorneys convicted of crimes, in
whatever court, file a record of their conviction with the Appellate
Division.

This measure would have no fiscal impact on the State. It would take
effect immediately but apply only to convictions entered on or after
such effective date.

Legislative History: None. New proposal.

{1} The Administrative Board is made up of the Chief Judge of the
State and the Presiding Justices of the four Appellate Divisions.

{2} In New York, all courts are courts of record except Town and
Village Justice Courts. See, Judiciary Law § 2.


{3} Unless the Appellate Division grants an extension of the 30-day
filing period for good cause shown, the failure to comply with the
requirement constitutes professional misconduct.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5078

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend the judiciary law, in relation to reporting an attor-
  ney's conviction of a crime to the appellate division

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph c of subdivision 4 of section 90 of the judiciary
law,  as added by chapter 674 of the laws of 1979, is amended to read as
follows:
  c. Whenever an attorney shall be convicted of a crime in a  court  [of
record]  of  the  United  States or of any state, territory or district,
including this state, whether by a plea of guilty or nolo contendere  or
from a verdict after trial or otherwise, the attorney shall file, within
thirty  days  thereafter,  with  the  appellate  division of the supreme
court, the record of such conviction.
  The failure of the attorney to so file shall  be  deemed  professional
misconduct  provided,  however,  that  the  appellate  division may upon
application of the attorney, grant an extension upon good cause shown.
  S 2. This act shall take effect  immediately;  provided,  however,  it
shall apply only as to convictions that occur on or after such effective
date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10004-01-3

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