N.Y. Comp. Codes R. & Regs. tit. 22 § 1240.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1240.18 - Confidentiality

(a) All disciplinary investigations and proceedings shall be kept confidential by Court personnel, Committee members, staff, and their agents.

(b) All papers, records and documents upon any complaint, inquiry, investigation or proceeding relating to the conduct or discipline of any respondent under these Rules are sealed and deemed private and confidential pursuant to Judiciary Law § 90(10). This provision is not intended to proscribe the free interchange of information among the Committees.

(c) All proceedings before a Committee or the Court shall be closed to the public absent a written order of the Court opening the proceedings in whole or in part.

(d) Application to Unseal Confidential Records or for Access to Closed Proceedings. Unless provided for elsewhere in these Rules, an application pursuant to Judiciary Law § 90(10) to unseal confidential documents or records, or for access to proceedings that are closed under these Rules, shall be made to the Court and served upon such other persons or entities as the Presiding Justice may direct, if any, and shall specify:

(1) the nature and scope of the inquiry or investigation for which disclosure is sought;

(2) the papers, records or documents sought to be disclosed, or the proceedings that are sought to be opened; and

(3) other methods, if any, of obtaining the information sought, and the reasons such methods are unavailable or impractical.

(e) Upon written request of a representative of The Lawyers' Fund for Client Protection ("Fund") certifying that a person or persons has filed a claim or claims seeking reimbursement from the Fund for the wrongful taking of money or property by any respondent who has been disciplined by the Court, the Committee is authorized to disclose to the Fund such information as it may have on file relating thereto.

(f) Notwithstanding the foregoing provisions of this section, a duly constituted disciplinary authority of a federal court located within the State may request expedited disclosure of records or documents that are confidential pursuant to Judiciary Law § 90(10) for use in an investigation or proceeding pending before the federal court. The request shall be made in writing and submitted to the Presiding Justice of the Department having jurisdiction over such confidential records or documents. The request should, to the extent practicable, identify the nature of the pending investigation or proceeding and the specific records or documents sought. The request may also seek deferral of notice of the request for so long as the matter is in the investigative stage before the federal court. Upon receipt of the request, the Presiding Justice may take any appropriate action and may refer the request to a panel of Justices of the Appellate Division for expedited consideration. Confidential records and documents disclosed to the federal disciplinary authority in response to the request shall not be used for any purpose other than the investigation or proceeding pending before the federal court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1240.18

Adopted New York State Register October 12, 2016/Volume XXXVIII, Issue 41, eff. 10/1/2016

Amended New York State Register May 12, 2021/Volume XLIII, Issue 19, eff. 5/12/2021