In re Maddox

157 A.D.2d 244, 555 N.Y.S.2d 851, 1990 N.Y. App. Div. LEXIS 6432

This text of 157 A.D.2d 244 (In re Maddox) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Maddox, 157 A.D.2d 244, 555 N.Y.S.2d 851, 1990 N.Y. App. Div. LEXIS 6432 (N.Y. Ct. App. 1990).

Opinion

OPINION OF THE COURT

Per Curiam.

The respondent was admitted to the practice of law at a term of the Appellate Division, First Judicial Department, on March 15, 1976, under the name Alton H. Maddox, Jr. He is the subject of three separate complaints alleging that he engaged in serious professional misconduct in connection with the highly publicized Tawana Brawley matter and his representation of Ms. Brawley with respect thereto.

One of these complaints, made by the Attorney-General of the State of New York, was received by the Grievance Committee on October 6, 1988, at which time the respondent was served with a copy and asked to respond in writing within 10 days. Although the respondent was advised that his unexcused failure to answer the Attorney-General’s complaint would constitute professional misconduct, his response did not address the substance of that complaint but instead accused the Grievance Committee of racial discrimination, invidious bias, and open hostility toward him, and asked that the matter be transferred to the Appellate Division, First Department. The Grievance Committee’s chief counsel, by letter dated October 20, 1988, advised the respondent that he saw no basis for such a transfer and again reminded him of the consequences of his failure to cooperate with the Committee (see, 22 NYCRR 691.4 [l] [1] [i]). In response, the respondent wrote to the chairman of the Grievance Committee asking that the full Committee consider his application for a transfer, but again he did not respond to the substance of the complaint. By letter dated November 3, 1988, the respondent was reminded, for a third time, of his obligation to cooperate with the Committee and advised that his continuing failure to respond to the substance of the Attorney-General’s complaint might result in the Committee’s request that he be suspended from the practice of [246]*246law. Again no response to the Attorney-General’s complaint was forthcoming.

At its monthly meeting in November 1988, the Grievance Committee denied the respondent’s request that the matter be transferred to the Appellate Division, First Department, and the chairman of the Committee thereupon wrote to the respondent, advised him of that determination, and further advised him that his failure to submit a written answer within 10 days of his receipt of the chairman’s letter, responding in detail to the factual allegations of professional misconduct, would result in a motion by the Committee for his suspension from the practice of law. The respondent’s letter in response did not address the charges contained in the complaint. The Grievance Committee thereupon applied to this court pursuant to 22 NYCRR 691.4 (l) (1) (i) for an order suspending the respondent from the practice of law pending consideration of the charges against him. Only when faced with the threat of suspension did the respondent file a written answer to the Attorney-General’s complaint, and the Grievance Committee thereupon withdrew its motion.

Thereafter, by letter dated October 20, 1989, the Committee informed the respondent that his presence was required before it on November 13, 1989, for the purpose of giving testimony regarding its investigation of the Attorney-General’s complaint. In reply the respondent, by letter dated November 6, 1989, stated, inter alia, that he would not appear unless the proceedings were open to the public and the press. Several days later the Committee reminded the respondent of his obligation to appear before it in a proceeding which would not be open to the public, and stated that if he failed to appear, it would again move for his suspension. Despite this, the respondent failed to appear before the Committee on November 13, 1989, as directed, although he subsequently asked that his November 6, 1989 letter be considered in lieu of his appearance. The Committee thereupon moved to suspend the respondent from the practice of law pending consideration of the charges against him pursuant to 22 NYCRR 691.4 (l) (1). The respondent then cross-moved to dismiss the proceeding pending against him before the Grievance Committee on various grounds or, alternatively, to require the Committee to accord him a public proceeding.

By decision and order dated November 30, 1989, this court denied the Committee’s motion to suspend the respondent, on condition that the respondent appear before the Committee [247]*247"on a date and time to be determined by that Committee which shall be within 30 days of the date of this decision and order, to give testimony and to provide materials relevant to its pending investigation of allegations of professional misconduct involving the respondent”. At that time this court stated that the respondent’s failure to appear as directed would result in his suspension from the practice of law (see, 22 NYCRR 691.4 [l] [1]). The respondent’s cross motion to dismiss the proceedings before the Grievance Committee was denied, as was his alternative request that the Committee hearing be made public, the court stating: "[No formal] disciplinary proceeding has yet been commenced, and the matter is merely in an investigatory stage. The need for confidentiality to promote the voluntary giving of evidence and to minimize outside interference with the investigatory process outweighs the interest of the respondent in being provided with a public forum during the investigatory process (see, e.g., People v Di Napoli, 27 NY2d 229; Matter of District Attorney of Suffolk County, 86 AD2d 294 [dealing with Grand Jury proceedings]). Accordingly, we conclude that good cause exists for the maintaining of the confidentiality of the proceeding at this juncture. Should a formal disciplinary proceeding be authorized by this court, the respondent may then request that the confidentiality afforded by Judiciary Law § 90 (10) and the Rules of this Court (22 NYCRR 691.4 [j]) be waived.”

Pursuant to the decision and order of this court, dated November 30, 1989, the Grievance Committee directed the respondent to appear in its offices on December 13, 1989. On that date the respondent’s attorney appeared without his client and informed the Committee that the respondent would be seeking relief in the Federal courts and would not be appearing. Thereafter a letter from the respondent’s attorney was delivered to the Grievance Committee, and by letter dated December 19, 1989, the chairman of the Committee offered the respondent a final opportunity to appear before the Committee on January 8, 1990. On January 5, 1990, the respondent moved before this court for a stay of the Grievance Committee proceedings. On January 8, 1990, while the motion was sub judice, the respondent appeared at the Grievance Committee’s offices but refused to enter the hearing room unless accompanied by an observer. The Committee denied his request, and the respondent departed. The respondent’s motion for a stay of the Grievance Committee proceedings was denied by this court on January 16, 1990.

[248]*248The Grievance Committee again moved for the respondent’s suspension based upon his continued failure to cooperate in its investigation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Di Napoli
265 N.E.2d 449 (New York Court of Appeals, 1970)
In re District Attorney of Suffolk County
86 A.D.2d 294 (Appellate Division of the Supreme Court of New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
157 A.D.2d 244, 555 N.Y.S.2d 851, 1990 N.Y. App. Div. LEXIS 6432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-maddox-nyappdiv-1990.