Can a district attorney also serve on a bar association's attorney grievance committee?

Plain-English summary

The committee found an irreconcilable conflict between two statutory duties and concluded that a district attorney may not serve on a bar association grievance committee. Judiciary Law section 90(10) makes all papers, records, and documents in any complaint, inquiry, investigation, or proceeding about attorney conduct or discipline sealed, private, and confidential. A grievance-committee member is therefore bound to keep such matters confidential.

The district attorney's office runs the other way. County Law section 700(1) makes it the duty of every district attorney to conduct all prosecutions for crimes and offenses cognizable by the county's courts. Judiciary Law section 90(7) adds that, when designated by the Appellate Division, a district attorney must prosecute proceedings for the removal or suspension of attorneys. A district attorney who learns of attorney misconduct as a grievance-committee member would be bound to confidentiality in that role yet bound to prosecute in his office.

The committee held that these statutes place a district attorney who sits on a grievance committee in an untenable position, and it found the dual role improper, citing Canon 1 and DR 1-103(B).

Currency note

This opinion was issued in 1976, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009 (the duty to report another lawyer's misconduct is now governed by Rule 8.3). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Why can't a district attorney sit on a bar grievance committee?

A: The committee found an irreconcilable statutory conflict: a grievance-committee member must keep discipline matters confidential under Judiciary Law section 90(10), while a district attorney is statutorily obligated to prosecute, including attorney-discipline proceedings when designated (County Law section 700(1); Judiciary Law section 90(7)).

Q: What duty does a grievance-committee member owe?

A: Per the opinion, confidentiality. Judiciary Law section 90(10) seals all papers and records in attorney-discipline matters and deems them private and confidential.

Q: Which professional-conduct provisions did the committee cite?

A: The committee referenced Canon 1 and DR 1-103(B) in finding the dual role improper.

Background and rules framework

The opinion turns on two New York statutes, Judiciary Law section 90 (confidentiality of attorney-discipline matters and the district attorney's designated role in prosecuting them) and County Law section 700 (the district attorney's general prosecutorial duty), read against Canon 1 and DR 1-103(B) of the then-current Code. The closest current analogue is Rule 8.3 (reporting professional misconduct), with the conflict dimension addressed by Rule 1.7.

Citations and references

Rules of Professional Conduct:

• MR 8.3 (reporting professional misconduct)
• MR 1.7 (concurrent conflict of interest)
• NY Canon 1; DR 1-103(B)

Statutes:

• N.Y. Judiciary Law section 90(7), section 90(10)
• N.Y. County Law section 700(1)

See also

• NY State Bar Op. 430: A part-time prosecutor suing the county in a civil case
• NY State Bar Op. 427: Public officers in an indigent-defense plan
• NY State Bar Op. 451: A part-time DA pooling his salary with partners

Source

• Landing page: https://nysba.org/opinion-432/