April 27, 1995
Digest: A judge should not write a letter of character reference on behalf of a disbarred attorney who is seeking readmission to the bar.
Rule: 22 NYCRR 100.2
A disbarred attorney is applying to the Appellate Division for reinstatement to the bar. The inquiring judge has been asked by the applicant to provide a letter of character reference, which would be submitted with the application for readmission to the Appellate Division. The judge asks: "May I write such a letter?"
In the opinion of the Committee, the judge should not write the letter of character reference. The writing of such a letter is too close to voluntarily appearing as a character witness in a judicial proceeding.