Appellate Division: Second Judicial Department

M152845

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-04946 In the Matter of Joell Barnett, admitted as Joell Carol Barnett, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Joell Barnett, respondent. (Attorney Registration No. 3040912)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to strike the respondent's name from the roll of attorneys and counselors-at-law, upon her "automatic disbarment" as a result of her felony conviction, or, in the alternative, to suspend her from the practice of law based on her conviction of a serious crime and to authorize the commencement of a disciplinary proceeding. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 3, 2000, under the name Joell Carol Barnett.

On November 22, 2011, the respondent pleaded guilty in the United States District Court for the Southern District of New York, before the Honorable Naomi Reice Buchwald, to one count of conspiracy to commit wire fraud, in violation of 18 USC § 1349, and one count of conspiracy to commit wire fraud and bank fraud, in violation of 18 USC § 1349. The respondent has not yet been sentenced.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike the name of the respondent, Joell Barnett, admitted as Joel Carol Barnett, from the roll of attorneys and counselors-at-law is denied; and it is further,

ORDERED that the branches of the motion which are to suspend the respondent, Joell Barnett, admitted as Joell Carol Barnett, based on her conviction of a serious crime and to authorize the commencement of a disciplinary proceeding are granted; and it is further,

ORDERED that the respondent, Joell Barnett, admitted as Joell Carol Barnett, is immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of her conviction of a serious crime, continuing until further order of this Court; and it is further,

ORDERED that the respondent, Joell Barnett, admitted as Joell Carol Barnett, shall promptly comply with this Court's rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this Court, the respondent, Joell Barnett, admitted as Joell Carol Barnett, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Joell Barnett, admitted as Joell Carol Barnett, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f); and it is further,

ORDERED that the respondent, Joell Barnett, admitted as Joell Carol Barnett, is directed to immediately apprise the Court upon being sentenced for the aforementioned offenses (see Matter of Delany, 87 NY2d 508).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court