Governor Cuomo Signs Assemblyman Buchwald’s Bill to Hold All Attorneys to the Same Standards

Governor Andrew Cuomo has signed into law Bill A.7460/S.5078 sponsored by Assemblyman David Buchwald (D-Westchester) that strengthens oversight of attorneys convicted of crimes. This new law closes a loophole that allowed some misdemeanors and felonies committed by attorneys to go unreported to the Appellate Divisions of the New York State Supreme Court, the entities that oversee attorney disciplinary proceedings.

“This legislation will ensure that all attorneys play by the same rules and are held to the same standards if they find themselves on the wrong side of the law,” Assemblyman Buchwald said. “It doesn’t make sense that an attorney convicted of a crime, such as a DWI, is not required to report it in some cases; this law corrects that.”

“This is a sensible law that will correct an oversight in New York's legal system,” said Assemblywoman Helene Weinstein (D-Brooklyn), Chairwoman of the Assembly Judiciary Committee. "Assemblyman Buchwald, himself an attorney, deserves great credit for his persistence in ensuring the passage of this important legislation.”

The measure fixes an anomaly in state law that only required attorneys to report their own convictions to the Appellate Division if the conviction occurred in a “court of record.” Town and village courts are not considered “courts of record,” however, city courts, county courts and the New York City Criminal Court are.

A conviction must now be reported regardless of which court the attorney was convicted. All of these court decisions should result in disciplinary authorities having the same information and opportunity to act, Buchwald noted.

Promoting measures to increase ethical behavior is not a new endeavor for Buchwald, a first year Assemblyman. Earlier this year, Buchwald introduced his own legislation to strip away pension benefits for any public official convicted of a felony where the public’s trust has been violated.