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Second Department Diversion Rules

Second Department Diversion Rules

Effective July 27, 2005

691.4   Appointment of Grievance Committees; Commencement of Investigation of Attorney Misconduct; Complaints; Procedure

(m)  Diversion Program.

(1) If during the course of an investigation, the consideration of charges by a grievance committee, or the course of a formal disciplinary proceeding, it appears that the attorney whose conduct is the subject thereof is or may be suffering from alcoholism or other substance abuse or dependency, the court may upon application of the attorney or committee, or on its own motion, stay the investigation, charges, or proceeding and direct the attorney to complete a monitoring program sponsored by a lawyers' assistance program approved by the court.  In determining whether to divert an attorney to a monitoring program, the court shall consider (i) whether the alleged misconduct occurred during a time period when the attorney suffered from alcohol or other substance abuse or dependency; (ii) whether the alleged misconduct is related to such alcohol or other substance abuse or dependency; (iii) the seriousness of the alleged misconduct; and (iv) whether diversion is in the best interests of the public, the legal profession and the attorney.

(2) Upon submission of written proof of successful completiion of the monitoring program, the court may direct the discontinuance or resumption of the investigation, charges or proceeding, or take other appropriate action.

(3) In the event the attorney is not accepted into or fails to successfully complete the monitoring program as ordered by the court, or the attorney commits additional misconduct after diversion is directed pursuant to this subdivision, the court may, upon notice to the attorney affording him or her the opportunity to be heard, rescind the order diverting the attorney to the monitoring program and reinstate the investigation, charges or proceeding, or take other appropriate action.

(4)  Any costs associated with the attorney's participation in a monitoring program pursuant to this subdivision shall be paid by the attorney.

The full text of the rules and the final report of the Krausman Commission may be found at:
 
http://www.nycourts.gov/courts/ad2/pdf/ReporttoPublicandBaronAdmissionDisciplineandReinstatementofAttorneys.pdf
 
http://www.nycourts.gov/courts/ad2/pdf/AdministrativeOrderADM2005-07221-ReAttorneyAdmissionDisciplineAndReinstatement.pdf
 
http://www.nycourts.gov/courts/ad2/pdf/AdministrativeOrderADM2005-07222-ReInstructionsforAttorneyReinstatementApplications.pdf