In re Cooper

366 F. App'x 292
CourtCourt of Appeals for the Second Circuit
DecidedFebruary 22, 2010
DocketNo. 08-9044-am
StatusPublished

This text of 366 F. App'x 292 (In re Cooper) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Cooper, 366 F. App'x 292 (2d Cir. 2010).

Opinion

ORDER OF GRIEVANCE PANEL

By order filed in April 2008, this panel referred Gregory Cooper to this Court’s Committee on Admissions and Grievances (“the Committee”) for investigation of the matters described in that order and preparation of a report on whether he should be subject to disciplinary or other corrective measures.

Prior to holding a hearing on this matter, the Committee, in May and June 2008, served Cooper with two orders to show cause why he should not be subject to disciplinary or other corrective measures. Although Cooper later acknowledged receipt of both orders, he failed to respond to either. Cooper’s first communication with the Committee was in response to an August 2008 letter informing him of the hearing date. However, his communication did not address any of the matters discussed in this panel’s April 2008 order or the Committee’s two orders. Instead, Cooper requested postponement of the hearing, which the Committee denied. At the hearing, held in September 2008, Cooper presented sworn testimony in response to the Committee’s questions and had the opportunity to address the matters discussed in this panel’s April 2008 order. Presiding over the hearing were Committee members Evan A. Davis, Esq., Deirdre M. Daly, Esq., and David B. Fein, Esq. Cooper represented himself during the Committee’s proceedings. In February 2009, the Committee filed with the Court the record of the Committee’s proceedings and its report and recommendations. Thereafter, the Court provided Cooper with a copy of the Committee’s report, and Cooper responded.

In its report, the Committee concluded that there was clear and convincing evidence that Cooper had engaged in conduct warranting the imposition of discipline. See Report at 7. After noting the presence of various aggravating and mitigating factors, id. at 7-9, the Committee recommended that Cooper be publicly reprimanded, barred from representing clients in this Court in his capacity as a Criminal Justice Act (“CJA”) panelist for a two-year period, and subject to certain reporting requirements, id. at 9-10. In his response to the Committee’s report, Cooper expressed his remorse, clarified certain matters, and requested that he be placed on probation rather than subject to the disciplinary measures recommended by the Committee. See Response at 1-3.

Upon due consideration of the Committee’s report, the underlying record, and Cooper’s submissions, it is hereby ORDERED that the Committee’s findings and recommendations are adopted by the Court, and Cooper is PUBLICLY REPRIMANDED for the misconduct described in the Committee’s report, BARRED from representing clients in [294]*294this Court pursuant to the CJA for a two-year period commencing with the filing date of this order, and directed to comply with the reporting requirements listed on page 10 of the Committee’s report.1 We reject the alternative disciplinary measure suggested by Cooper since it would constitute inadequate discipline for his past misconduct and offers insufficient assurance of appropriate future conduct in this Court. Furthermore, although we acknowledge Cooper’s assertion that his trial work is qualitatively different than the appellate work addressed by the Committee’s report and this order, that possibility does not alter the present decision.

However, Cooper may continue any current CJA representation in any appeal now pending in this Court. Additionally, the present order does not bar Cooper from CJA representation of clients in the distinct courts and should not be perceived as requiring, or favoring, any particular reciprocal discipline by the district courts.

The text of this panel’s April 2008 order and the Committee’s report are appended to, and deemed part of, the present order for the following disclosure purposes. Cooper must disclose this order to all clients in cases currently pending in this Court and to all courts and bars of which he is currently a member, and as required by any bar or court rule or order. Furthermore, the Clerk of Court is directed to release this order to the public by posting it on this Court’s web site and providing copies to members of the public in the same manner as all other unpublished decisions of this Court, and to serve a copy on Cooper, this Court’s Committee on Admissions and Grievances, the attorney disciplinary committee for the New York State Appellate Division, First Department, and all other courts and jurisdictions to which this Court distributes disciplinary decisions in the ordinary course.

APPENDIX 1

Text of April 2008 order

For the reasons that follow, Gregory Cooper is referred to this Court’s Committee on Admissions and Grievances for investigation of the matters described below and preparation of a report on whether he should be subject to disciplinary or other corrective measures. See Second Circuit Local Rule 46(h). We express no opinion here as to an appropriate disposition. The Committee may, of course, in the first instance, determine the appropriate scope of its investigation.

Cooper was referred to this panel as a result of the proceedings in United States v. Jorge, 293 Fed.Appx. 88 (2d Cir.2009), an appeal taken by Cooper’s client from a criminal judgment. In February 2007, the appeal was dismissed due to Cooper’s failure to file a brief See Jorge, 06-3009-cr, order filed Feb. 22, 2007. At that time, Cooper was reminded of his obligation to continue representing his client through appeal unless relieved by the Court, and directed to file, within twenty days, a motion to reinstate accompanied by either an appellate brief or a properly executed stipulation withdrawing the appeal. Id., letter-order filed Feb. 22, 2007. There is no indication that Cooper complied with any of the Court’s instructions, or requested an extension of time to do so. Id., order filed Apr. 25, 2007 (noting Cooper’s failure to [295]*295comply with February 2007 order). This Court subsequently reinstated the appeal, sua sponte, relieved Cooper as counsel, and appointed new counsel. Id. Thereafter, we are informed, both the appellant’s new counsel, Katherine Alfieri, and the Clerk’s Office were unsuccessful in their efforts to obtain records from Cooper. Although Cooper contended that he had sent the records to Alfieri and would send another set, Alfieri informed the Court that the records were not received and Cooper failed to return subsequent telephone calls. Id., motions filed June 18, 2007, July 26, 2007, Aug. 31, 2007, and docket clerk entry for Aug. 24, 2007 (noting docket clerk’s conversation with Cooper). Alfieri’s last request for an extension of time was denied, with the court noting that “[difficulties in obtaining the trial files from previous attorneys are not cured by extension of time motions to file briefs.” Id., order filed Oct. 1, 2007. Alfieri then filed her brief, apparently without having received the requested records from Cooper. See id., motion filed Oct. 1, 2007 (requesting leave to file supplemental brief if files are received from Cooper).

Additionally, Cooper has defaulted in other eases, resulting in the dismissal of at least two of them. Although one of the dismissed cases was later reinstated and eventually decided on the merits, see United States v. Karro, No. 00-1565-cr, the other dismissed case remained closed despite Cooper having been instructed to seek reinstatement, see United States v. Sosa (Tineo), No. 03-1617-cr, entry at Apr. 30, 2004. Similarly, in United States v.

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Bluebook (online)
366 F. App'x 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cooper-ca2-2010.