Friday, September 30, 2016

NEW ATTORNEY DISCIPLINE RULES TAKE EFFECT TOMORROW



The new rules are listed here (http://www.courts.state.ny.us/ad3/COPS/22_NYCRR_Part_1240.pdf) and I just note the following which recognizes the role of alcohol and substance abuse:

"§ 1240.11 Diversion to a Monitoring Program

(a) When in defense or as a mitigating factor in an investigation or formal disciplinary charges, the respondent raises a claim of impairment based on alcohol or substance abuse, or other mental or physical health issues, the Court, upon application of any person or on its own motion, may stay the investigation or proceeding and direct the respondent to complete an appropriate treatment and monitoring program approved by the Court. In making such a determination, the Court shall consider:

(1) the nature of the alleged misconduct;

(2) whether the alleged misconduct occurred during a time period when the respondent suffered from the claimed impairment; and

(3) whether diverting the respondent to a monitoring program is in the public interest."

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