Second Circuit Names Some Big Names
to New Lawyer Watchdog Group

By Mark Hamblett
New York Lawyer
New York Law Journal
March 13, 2007

The U.S. Court of Appeals for the Second Circuit has formed a new committee to handle grievances against attorneys, a move officials said signals a more proactive role in evaluating ethics issues.

Chief Judge Dennis Jacobs announced yesterday a seven-person committee that will be charged with what he called the "vital" function of investigating and filing recommendations on disciplinary matters that are referred to it by the court.

The Committee on Admissions and Grievances will be chaired by Michael B. Mukasey, a partner at Patterson Belknap Webb & Tyler and the former chief judge of the Southern District.

Joining Mr. Mukasey will be Loretta Lynch of Hogan & Hartson and former acting U.S. attorney for the Eastern District; Mary Jo White of Debevoise & Plimpton, former U.S. attorney for the Southern District; Evan A. Davis of Cleary Gottlieb Steen & Hamilton; Eileen M. Blackwood of Blackwood & Danon in Burlington, Vt.; Terrence M. Connors of Connors & Vilardo in Buffalo; Deirdre M. Daly of Daly & Pavlis in Southport, Conn.; David B. Fein of Wiggin & Dana in Stamford, Conn.; and Howard A. Levine of Whiteman Osterman & Hanna in Albany and former judge of the New York Court of Appeals.

"These appointments form a distinguished committee that will enable the court to maintain high ethical standards and will ensure fairness in the administration of attorney disciplinary matters," Judge Jacobs said in a statement released by the court. "The work of the committee is instrumental and indispensable to the administration of justice in the Second Circuit."

Michael Jordan, counsel to Chief Judge Jacobs, explained yesterday that the committee has existed in the past but had "sort of fallen out of use."

"It wasn't particularly active and the chief judge and the court thought it would be in the court's best interest to make a concerted effort to ramp it back up," he said.

Formed under Local Rule 46(h), the committee will accept referrals from the court on "any accusation or evidence of misconduct" that occurs before the court and violates the rules of professional conduct or responsibility. The matters "may include not only acts of affirmative misconduct but negligent conduct of counsel."

Mr. Jordan said the formation of the committee is intended by the court to take a more active role in policing the profession. The court currently votes on attorney disciplinary matters but largely on reciprocal basis - suspending or disciplining attorneys based on actions taken against those attorneys in other state or federal courts.

"This is an effort to go beyond that sort of reciprocity and have a committee that would deal with things in the first instance," he said.

Three of the committee members will serve terms of one year, two will serve two-year terms and two will serve three-year terms.

Under the rule, the committee must give an attorney written notice of the charges against him or her and give the attorney at least 10-days notice for a hearing on the matter. Attorneys called to a hearing have a right to be represented by counsel to present witnesses and enter evidence on the attorney's behalf and to confront and cross examine any witnesses called by the committee.

Once the committee has filed its recommendations with the court, the charged attorney would have 20 days to send the court a statement opposing the recommendation or inform the court of anything that might mitigate the recommendation.

The committee also will have the discretion to refer matters to local bar associations.