BILL NO A07460
SAME AS SAME AS S05078
SPONSOR Buchwald (MS)
COSPNSR Weinstein
MLTSPNSR
Amd S90, Judy L
Requires attorneys to file a record of a criminal conviction in any court in
the United States with the appellate division.
BILL NO A07460
05/21/2013 referred to judiciary
06/04/2013 reported referred to codes
06/17/2013 reported referred to rules
06/18/2013 reported
06/18/2013 rules report cal.461
06/18/2013 ordered to third reading rules cal.461
06/19/2013 substituted by s5078
S05078 AMEND= BONACIC
05/08/2013 REFERRED TO JUDICIARY
05/29/2013 1ST REPORT CAL.766
05/30/2013 2ND REPORT CAL.
06/03/2013 ADVANCED TO THIRD READING
06/04/2013 PASSED SENATE
06/04/2013 DELIVERED TO ASSEMBLY
06/04/2013 referred to codes
06/19/2013 substituted for a7460
06/19/2013 ordered to third reading rules cal.461
06/19/2013 passed assembly
06/19/2013 returned to senate
07/19/2013 DELIVERED TO GOVERNOR
07/31/2013 SIGNED CHAP.283
BILL NUMBER:A7460
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*.
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**.
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, ie., 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***. 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.
*The Administrative Board is made up of the Chief Judge of the State
and the Presiding justices of the four Appellate Divisions. **In New
York, all courts are courts of record except Town and Village Justice
Courts. See, Judiciary Law S 2. ***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.
S T A T E O F N E W Y O R K
________________________________________________________________________
7460
2013-2014 Regular Sessions
I N A S S E M B L Y
May 21, 2013
___________
Introduced by M. of A. BUCHWALD, WEINSTEIN -- (at request of the Office
of Court Administration) -- read once and referred 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:
1 Section 1. Paragraph c of subdivision 4 of section 90 of the judiciary
2 law, as added by chapter 674 of the laws of 1979, is amended to read as
3 follows:
4 c. Whenever an attorney shall be convicted of a crime in a court [of
5 record] of the United States or of any state, territory or district,
6 including this state, whether by a plea of guilty or nolo contendere or
7 from a verdict after trial or otherwise, the attorney shall file, within
8 thirty days thereafter, with the appellate division of the supreme
9 court, the record of such conviction.
10 The failure of the attorney to so file shall be deemed professional
11 misconduct provided, however, that the appellate division may upon
12 application of the attorney, grant an extension upon good cause shown.
13 S 2. This act shall take effect immediately; provided, however, it
14 shall apply only as to convictions that occur on or after such effective
15 date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10004-01-3
