N.Y. Comp. Codes R. & Regs. tit. 22 § 1020.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1020.5 - Duties and authority of legal staff

Investigation of all complaints shall be initiated and conducted by the chief attorney, with such assistance from the staff attorneys as deemed necessary by the chief attorney. Such investigations shall be conducted in accordance with the provisions of section 1240.7 of this Title, and subject to the following provisions:

(a) in the event the chief attorney directs a respondent to submit to a committee a written response to a complaint, pursuant to section 1240.7(b)(2) of this Title, the chief attorney shall afford the respondent at least 14 days written notice to do so;

(b) the chief attorney has discretion at any time during an investigation or proceeding to provide to the complainant a copy of the respondent's written response to the complaint;

(c) in the event the chief attorney directs a respondent to appear before the chief attorney or a staff attorney for a formal interview or examination under oath, or to produce records, pursuant to section 1240.7(b)(2) of this Title, the chief attorney shall afford the respondent at least 14 days written notice to do so;

(d) in the event the chief attorney applies to the clerk of the court for a judicial subpoena to compel the attendance of a person as a witness or the production of relevant books and papers, pursuant to section 1240.7(b)(3) of this Title, the application shall be supported by sufficient facts to demonstrate that the testimony or books and papers specified in the proposed subpoena are relevant to matters under investigation and are necessary for the proper disposition of a complaint. The application shall also establish that a judicial subpoena is necessary to obtain such testimony or books and papers and that other potential sources of the information, or the means to obtain the information, are either impractical or unavailable; and

(e) when a committee or the chief attorney has determined that a complaint is suitable for review by a county or local bar association, pursuant to section 1240.7(d) of this Title, the chief attorney may refer the complaint, upon notice to the respondent and the complainant, to an appropriate committee of the local bar association for disposition, in accordance with section 1020.6 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1020.5