For those interested in the procedural nuances of bar discipline in the First Department, this column focuses on that court’s amended procedural rules (the First Department rules), issued contemporaneously with the new, statewide Rules for Attorney Disciplinary Matters, 22 NYCRR Part 1240, effective Oct. 1, 2016 (the statewide rules). In essence, the amended First Department rules incorporate by reference the new statewide rules set forth in Part 1240, but also contain important additions that either effectuate or amplify the statewide rules. This columnist’s prior articles assessing the statewide rules will be helpful to better understand the context and background for the First Department’s procedural rule changes.1
Structural Changes
Perhaps the most radical changes are structural. The First Department has now established two Attorney Grievance Committees (heretofore, there was only one, the Departmental Disciplinary Committee (DDC)), each consisting of 21 members, of which at least three must be non-lawyers residing or working in the First Department. 22 NYCRR §603.4(a)(1) and (2). Each of the Attorney Grievance Committees shall have a chairperson and a vice-chairperson who must be lawyers. 22 NYCRR §603.4(a)(3). Every member will serve for a three-year term and is eligible for reappointment for not more than one additional term of three years. 22 NYCRR §603.4(a)(2). The Committees also have the power to appoint their members to subcommittees. 22 NYCRR §603.4(a)(1).
