N.Y. Comp. Codes R. & Regs. tit. 22 § 805.1

Current through Register Vol. 46, No. 19, May 8, 2024

Section 805.1 - Admission of attorneys

(a)Filing of application papers.

Every applicant for admission to practice as an attorney and counselor at law pursuant to Judiciary Law section 90(1) may obtain the standard forms and instructions for that purpose from clerk of the court. Every applicant for admission to practice pursuant to Judiciary Law section 90(1)(a) may obtain such forms and instructions immediately after taking the bar examination, and may file a completed application, consisting of the standard form of questionnaire and the other required papers as directed by the instructions, at any time thereafter, regardless of whether the results of the bar examination have yet been issued. As soon as the applicant shall receive a letter from the State Board of Law Examiners certifying that the applicant has passed the bar examination, the applicant shall file that letter with the clerk of the court, and, if the applicant's questionnaire was verified more than 45 days prior to such filing, the applicant shall also file a supplemental affidavit stating whether there have been any changes in the facts stated therein and setting forth any such changes.

(b)Referral to committee on character and fitness.

Every completed application shall be referred for investigation of the applicant's character and fitness to a committee on character and fitness designated by the court. The committee shall be comprised of attorneys in good standing, each of whom may serve up to two consecutive five-year terms, whereupon a successor shall be appointed by the court. Effective September 3, 2019, within one year of his or her appointment or reappointment, each member of the committee shall attend two hours of continuing legal education to be provided by the court concerning the attorney admission process. Each committee shall have a chair, to be appointed by the court.

(c)Investigation and interview.

The required investigation, including an interview of the applicant, may be conducted by one or more members of the committee. The committee member or members conducting the investigation may require the applicant to furnish such additional information or proofs of good character as the committee member or members may consider pertinent. The investigation may commence at any time after the applicant's completed application has been filed, except that the personal interview of an applicant shall not be held until after the applicant has been certified to the court by the State Board of Law Examiners.

(d)Procedure upon investigation.

The committee member or members conducting the investigation may either unanimously approve the application or refer the matter for a hearing.

(1) If the committee member or members conducting the investigation approve the application, the member or members shall certify to the court that the applicant possesses the requisite character and fitness for admission to practice as an attorey and counselor-at-law in the courts of this State.

(2) If the committee member or members conducting the investigation refer the matter for a hearing, such hearing shall be conducted expeditiously before a subcommittee consisting of at least two members pursuant to subdivisions (e)-(i) of this section.

(e)Notice of hearing; waiver.

Unless waived in writing by the applicant, a written notice of hearing of not less than 20 days, specifying the time and place of the hearing, shall be served on the applicant. In addition, the notice of hearing shall inform the applicant of the matters to be inquired into and of the applicant's right to be represented by an attorney, and such information shall also be given to the applicant prior to the hearing if the applicant has waived notice of hearing.

(f)Procedure at hearing.

At the hearing, hearsay evidence may be received and considered and adherence to strict rules of evidence shall not be required. The applicant shall be given an opportunity to call and cross-examine witnesses and to challenge, examine and controvert any adverse evidence. Upon timely request, subpoenas for the attendance of witnesses or the production of papers shall be issued to the applicant by the clerk of the court, the subpoena fees and mileage to be paid by the applicant.

(g)Stenographic record or tape recording.

A stenographic record or tape recording shall be made of the hearing, and the applicant may obtain a transcript or copy of the recording at the applicant's expense.

(h)Report following hearing.

The subcommittee shall render a report within 60 days after the matter is finally submitted, unless the time is extended by consent of the applicant or order of the court. The report of the subcommittee may recommend approval or disapproval of the application or deferral of action on the application for a period not to exceed six months.

(i)Review by committee quorum following hearing conducted by subcommittee.

Following the subcommittee hearing, the subcommittee's report and the stenographic record or tape recording of the hearing shall be referred for consideration and review to a committee quorum consisting of not less than 15 members, which shall render a decision thereon expeditiously. Where necessary, the committee quorum may be comprised of members representing different judicial districts. The committee quorum's decision shall be by majority vote and may confirm, reverse or modify the recommendation contained in the subcommittee's report. The deliberations of the committee quorum shall be confidential, and the applicant shall not be entitled to compel disclosure thereof.

(1) If the decision of the committee quorum unanimously recommends approval of the application, such decision shall constitute certification to the court that the applicant possesses the requisite character and fitness for admission to practice as an attorey and counselor-at-law in the courts of this State.

(2) If the decision of the committee quorum is not unanimous in recommending approval of the application, the applicant shall be referred to the court for determination. In making its determination, the court shall consider the decision of the committee quorum, but shall not be bound by the same. Where the application is referred to the court for determination, a copy of the decision of the committee quorum shall be served on the applicant, who may make whatever responsive submissions he or she deems appropriate within 20 days of being so served.

(3) If the decision of the committee quorum is adverse to the applicant, the decision shall include a statement of the grounds upon which it is based, and a copy thereof shall be served on the applicant.

(j)Petition to the court following adverse decision.

If the decision of the committee quorum is adverse to the applicant, the applicant may, within 60 days after service of a copy thereof, petition the court for an order granting the application for admission to practice notwithstanding the decision of the committee quorum pursuant to CPLR 9404.

(k)Petition to the court in case of unreasonable delay.

In any case in which it is claimed that the committee has unreasonably delayed action on an application for admission to practice, the applicant may petition the court, in accordance with CPLR 9404, for an order granting the application notwithstanding the committee's failure to complete action thereon, or for other appropriate relief.

(l)Petition for advance ruling with respect to past conduct.

(1) Any person who is a matriculated student in an approved law school, as an approved law school is defined in the rules of the Court of Appeals for the admission of attorneys and counselors at law, or who has applied for admission to such a law school, and who resides in or is employed full-time either with the Third Judicial Department or outside of the State, and who has previously been:

(i) convicted of a felony or misdemeanor;

(ii) suspended, removed or dismissed from public office or employment; or

(iii) dishonorably discharged from the armed services of the United States;

may petition the court, for an advance ruling, in accordance with this section, as to whether such conviction, suspension, removal or dismissal from public office or employment, or dishonorable discharge, as the case may be, would operate to disqualify the petitioner, on character grounds, from being admitted to practice as an attorney and counselor at law in this State.

(2) The petition shall include a detailed statement of the facts with respect to the petitioner's conviction, suspension, dismissal or removal from public office or employment, or dishonorable discharge, as the case may be, and of the petitioner's activities subsequent thereto which the petitioner believes bear on character and fitness to practice law.

(3) The petitioner shall also submit a completed and verified questionnaire on the standard form furnished by the clerk of the court and affirmations of good moral character from two reputable persons who have known the petitioner for at least one year. In addition, the petitioner shall submit a letter from a person in authority at the approved law school in which the petitioner is a matriculated student or to which the petitioner has applied for admission, stating that such law school would retain or accept the petitioner as a student therein, as the case may be, if the petitioner's conviction, suspension, dismissal or removal from public office or employment or dishonorable discharge, as the case may be, would not operate to disqualify the petitioner from being admitted to practice as an attorney and counselor-at-law in this State.

(4) The petition and other papers submitted by the petitioner shall be referred to the appropriate committee on character and fitness, which shall process and investigate the petition in accordance with the procedures set forth in the preceding sections of this Part. The committee may recommend that a ruling be made either in favor of or against the petitioner, or that no ruling be made, and its recommendation shall be transmitted to the court.

(5) A ruling made by the court in favor of the petitioner shall determine that the petitioner's prior conviction, suspension, removal or dismissal from public office or employment, or dishonorable discharge, as the case may be, and the acts committed by the petitioner which resulted therein, would not operate to disqualify the petitioner, on character grounds, from being admitted to practice as an attorney- and counselor-at-law in this State. Such a ruling shall have binding force throughout the State with respect to the determination thus made by it. In the event that the court should rule against the petitioner or should refuse to make a ruling, its determination shall be without prejudice to the petitioner's right, after passing the bar examination, to apply for a favorable ruling with respect to character and fitness.

(m)Manner of service.

Service of any notice or other papers required under any of these rules may be made by mail or in the manner provided for service of a summons.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 805.1