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Matter of Holtzman, 78 N.Y.2d 184, 577 N.E.2d 30, 573 N.Y.S.2d 39

Facts

The petitioner, then District Attorney of Kings County, publicly released a letter accusing Judge Irving Levine of judicial misconduct during a trial. The letter detailed an incident where the judge allegedly degraded a victim during testimony. An investigation found the accusations unsupported by evidence, leading to a private Letter of Admonition from the Grievance Committee. Subsequently, the petitioner was charged with misconduct, and after hearings, the Committee issued a Letter of Reprimand for her conduct, which was deemed prejudicial to the administration of justice.

The charge of misconduct that is relevant to this appeal was based on the public release by petitioner, then District Attorney of Kings County, of a letter charging Judge Irving Levine with judicial misconduct in relation to an incident that allegedly occurred in the course of a trial on criminal charges of sexual misconduct.

Issue

Did the petitioner's release of false allegations against a judge warrant a Letter of Reprimand under the Code of Professional Responsibility?

Did the petitioner's release of false allegations against a judge warrant a Letter of Reprimand under the Code of Professional Responsibility?

Rule

An attorney shall not engage in conduct that adversely reflects on their fitness to practice law, as outlined in DR 1–102(A)(6) of the Code of Professional Responsibility.

DR 1–102(A)(6) provides that a lawyer shall not engage in any other conduct that adversely reflects on [the lawyer's] fitness to practice law.

Analysis

The court applied the rule by examining the circumstances under which the petitioner released the false allegations. It found that the petitioner acted without sufficient evidence and disregarded advice to delay the release until more information was obtained. The court determined that such conduct undermined public confidence in the judicial system and reflected adversely on the petitioner's fitness to practice law.

Applying this standard, petitioner was plainly on notice that her conduct in this case, involving public dissemination of a specific accusation of improper judicial conduct under the circumstances described, could be held to reflect adversely on her fitness to practice law.

Conclusion

The court affirmed the Appellate Division's decision, upholding the Letter of Reprimand issued to the petitioner for her misconduct.

Accordingly, the order of the Appellate Division should be affirmed, without costs.

Who won?

The Grievance Committee prevailed as the court upheld the Letter of Reprimand, finding that the petitioner's actions violated professional conduct standards.

The Appellate Division concluded that the record supported the Committee's findings as to Charge 1, more specifically that petitioner's conduct violated DR 8–102 and 1–102(A)(6).

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