-  This bill is not active in this session.
 

A07460 Summary:

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.
Go to top

A07460 Actions:

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
Go to top

A07460 Votes:

There are no votes for this bill in this legislative session.
Go to top

A07460 Memo:

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.
Go to top

A07460 Text:

                           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
Go to top
Page display time = 0.0981 sec