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Attorney Grievance Committees



Annual Report - 2012

The Attorney Grievance Committees are authorized to investigate, review, and prosecute complaints of attorney misconduct within the Fourth Judicial Department, pursuant to Judiciary Law, §90 and Section 1022.19 of the Rules of the Appellate Division, Fourth Department (22 NYCRR §1022.19). The Grievance Committees also serve to protect the public, educate the bar and preserve the integrity of the legal profession. The Committees have jurisdiction over approximately 14,000 lawyers within a 22-county geographic area with three district offices, located in Buffalo, Rochester and Syracuse. Each District has its own Grievance Committee comprised of 21 volunteer members, including three non-lawyers. Serious allegations of misconduct are reviewed by the Committee and forwarded to the Appellate Division for disposition and/or trials.



ATTORNEY DISCIPLINARY ACTIVITIES

FOURTH JUDICIAL DEPARTMENT

PERIOD COVERED: 1/01/12 - 12/31/12


I. Matters Processed:*    
A. Matters Pending at Start of Period 509  
B. New Matters During Period 1928  
C. Closed Matters Reactivated During Period 17  
D. Total Matters to be Processed During Period (A+B+C)   2454
E. Total Matters Disposed of During Period   1988
F. Matters Pending at End of Period   466
     
II. Matters Disposed of by Committee: Cases** Matters
A. Rejected as Failing to State a Complaint 910 1034
B. Referred to Other Disciplinary Committees 115 119
C. Referred to Other Agencies 4 4
D. Dismissed or Withdrawn 417 459
E. Dismissed through Mediation  0 0
F. Letter of Caution 153 187
G. Letter of Admonition 21 37
H. Admonition (or reprimand) 0 0
I. Referred to Appellate Division (Disc. Proc) 85 148
Total Disposed of During Period (Same as I.E.) 1705 1988
     
III. Cases Processed in all Courts:**    
A. Cases Pending at Start of Period   23
     1. Disciplinary Proceedings 15  
     2. Other 8  
B. Cases Received During Period   85
     1. Disciplinary Proceedings 28  
     2. Other 60  
C. Total to be Processed During Period   108
D. Cases Closed    
     1. Disbarred 4  
     2. Disciplinary Resignations 1  
     3. Suspended *** 22  
     4. Censured 10  
     5. Private Censure 0  
     6. Remanded to Grievance Committee 1  
     7. Discontinued 1  
     8. Dismissed 1  
     9. Reinstatements Granted 4  
     10. Reinstatements Denied 1  
     11. Non-Disciplinary Resignations 14  
     12. All other Dispositions 15  
     13. Total Closed 74  
E. Total Cases Pending at End of Period 34  
     1. Disciplinary Proceedings 24  
     2. Other 10  
     

For the purposes of this report, the term "Matters" includes the following:

1 - Complaints

2 - Inquiries (Excluding telephone inquiries)

3 - Sua Sponte Investigations

* Matters represents individual complaints and inquiries

** Cases refers to the number of respondent/attorneys. As some attorneys are subject of multiple complaints the number of matters may exceed the number of cases.

*** Includes definite, interim and indefinite suspensions.



FIFTH JUDICIAL DISTRICT

  2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Committee Meetings 3 4 4 3 4 6 6 5 4 4
Attorney Appearances 9 13 14 15 14 25 27 19 20 14
Caution Letters 42 26 21 76 37 32 33 44 41 46
Admonition Letters 7 4 8 5 5 10 14 4 7 12
Petitions Referred to the Appellate Division 2 8 5 11 8 8 12 9 9 8
Complaints Received - (Includes Reopened Complaints) 562 584 601 577 597 631 634 638 739 495




SEVENTH JUDICIAL DISTRICT

  2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Committee Meetings 3 3 5 3 5 6 5 4 5 5
Attorney Appearances 8 12 15 7 17 18 16 13 17 11
Caution Letters 33 39 35 30 45 44 42 47 44 33
Admonition Letters 2 5 3 5 2 6 7 5 6 4
Petitions Referred to the Appellate Division 4 6 12 15 18 17 6 6 13 6
Complaints Received - (Includes Reopened Complaints) 730 758 766 736 630 638 739 630 666 613




EIGHTH JUDICIAL DISTRICT

  2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
Committee Meetings 6 6 6 7 6 4 5 5 4 5
Attorney Appearances 34 22 28 39 21 16 18 21 13 16
Caution Letters 81 78 90 108 65 82 89 63 74 74
Admonition Letters 11 7 11 17 12 10 11 11 5 5
Petitions Referred to the Appellate Division 14 9 9 21 11 2 10 5 5 11
Complaints Received - (Includes Reopened Complaints) 930 927 1,387 1,211 1,034 1,405 1,177 944 898 837