N.Y. Comp. Codes R. & Regs. tit. 22 § 806.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 806.3 - Third Department grievance program

(a) Committee on professional standards. This court shall appoint a committee on professional standards for the Third Judicial Department, which shall consist of a chairperson and 20 members, three of whom shall be nonlawyers. Appointment of lawyers shall, as far as practicable, be made equally from practicing attorneys in each of the judicial districts in the Third Judicial Department. Appointments shall be for a term of three years or for such shorter term as the court deems appropriate. No person who has served two consecutive three-year terms shall be eligible for reappointment until the passage of three years from the expiration of his or her second term. Seven members of the committee shall constitute a quorum and the concurrence of six members shall be necessary for any action taken. The chairperson and vice-chairperson shall be named by the court after considering the recommendations of the committee. The chairperson may appoint an executive committee consisting of at least one member of the committee from each judicial district.

(b) Duties of committee on professional standards. The committee shall (1) consider and cause to be investigated all matters called to its attention, whether by complaint or otherwise, involving alleged misconduct by an attorney in the Third Judicial Department, (2) supervise the professional staff in the performance of its duties to the committee, (3) furnish the court quarterly statistical reports concerning the disposition of all matters before the committee and maintain such records as directed by the court, and (4) submit a proposed annual budget to the court for approval.

(c) Defense and indemnification of committee members. Members of the committee on professional standards, as volunteers, are expressly authorized to participate in a State-sponsored volunteer program within the meaning of subdivision 1 of section 17 of the Public Officers Law.

(d) Professional staff. The court shall, in consultation with the committee, appoint a professional staff and such supporting staff as shall be necessary. The chief attorney shall be authorized to disburse funds within the amounts appropriated and allocated. The expenses of the staff and committee shall not exceed the amounts segregated and assigned by the Office of Court Administration, and shall be incurred according to rules and regulations promulgated by that office.

(e) Duties of professional staff. The chief attorney, under the supervision of the committee, shall (1) answer and take appropriate action respecting all inquiries concerning an attorney's conduct and (2) investigate all matters involving alleged misconduct by an attorney in the Third Judicial Department.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.3