Rules:    22 NYCRR 100.3 (D)(2); 520.11 (a).
 
 

Opinion:

            A judge inquires whether it would be proper to accept a plea to a misdemeanor complaint which was the result of negotiations between the District Attorney's office and an out-of-state attorney who is not admitted to practice in this State. The defendant is a non-resident motorist. Apparently, the judge is fearful that acceptance of the plea would constitute abetting the unlawful practice of law.

            A judge is obligated to report conduct by an attorney that constitutes a substantial violation of the Code of Professional Conduct to the appropriate authority. 22 NYCRR 100.3(D)(2). While this Committee is not authorized to construe statutes proscribing the unlawful practice of law, the Committee notes that under section 520.11(a) of the Rules of the Court of Appeals, the judge possesses the discretionary authority to admit the non-resident attorney for the purpose of representing the defendant in the pending proceeding. Accordingly, the Committee does not perceive any ethical impropriety in the acceptance of a plea under such circumstances.