May 17, 2016
This responds to your inquiry (16-49) asking how long you must be disqualified from matters involving an attorney you reported to the grievance committee now that the grievance committee has advised you that the disciplinary proceedings have concluded with no public sanction.
You are disqualified from presiding over cases involving this attorney for a period of two years after the disciplinary matter is fully concluded. However, such disqualification is not subject to remittal unless the attorney has waived confidentiality regarding the disciplinary proceeding.
Enclosed, for your convenience, are Opinions 15-117; 15-69; and 08-183/08-202/09-112 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dep’t (Ret.)