In the Matter of John E. Campbell, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; John E. Campbell, respondent. Attorney Registration No. 4246161
pursuant to former 22 NYCRR 691.9 by John E. Campbell, who
was admitted to the Bar at a term of the Appellate Division
of the Supreme Court in the First Judicial Department on June
22, 2004, to resign as an attorney and counselor-at-law. By
decision and order on motion dated August 19, 2016, this
Court, inter alia, immediately suspended the respondent from
the practice of law pursuant to former 22 NYCRR
691.4(l)(1)(i), (ii), and (iii) pending further order of the
Court, upon a finding that he was guilty of professional
misconduct immediately threatening the public interest;
authorized the institution and prosecution of a disciplinary
proceeding against the respondent based upon the allegations
of professional misconduct set forth in a verified petition
dated March 4, 2016; and referred the issues raised by the
petition and any answer to the Honorable Alfred J. Weiner, as
Special Referee, to hear and report.
L. Casella, White Plains, NY (Matthew Lee-Renert of counsel),
R. Bottari, White Plains, NY, for respondent.
RANDALL T. ENG, P.J., REINALDO E. RIVERA, MARK C. DILLON,
RUTH C. BALKIN, JOSEPH J. MALTESE, JJ.
OPINION & ORDER
Campbell (hereinafter the respondent) has submitted an
affidavit sworn to on August 24, 2016, in support of his
application to resign as an attorney and counselor-at-law
(see former 22 NYCRR 691.9).
respondent acknowledges in his affidavit that his resignation
is freely and voluntarily rendered, and that he is not being
subjected to coercion or duress. He acknowledges that the
charges in the verified petition include allegations of his
neglect of legal matters, failure to return the unearned
portion of legal fees, misappropriation of third-party funds,
and failure to cooperate with the Grievance Committee for the
Ninth Judicial District in the investigation of pending
complaints. The respondent acknowledges that he could not
successfully defend himself on the merits against such
charges. The respondent states that he has discussed his
decision to resign with his attorney, and that he is fully
aware of the implications of submitting his resignation,
including being barred by Judiciary Law § 90 and the
Rules of the Appellate Division, Second Department, from
seeking reinstatement for at least seven years.
respondent's application is submitted subject to any
application by the Grievance Committee for an order directing
that he make restitution and that he reimburse the
Lawyers' Fund for Client Protection pursuant to Judiciary
Law § 90(6-a). He acknowledges the continuing
jurisdiction of the Court to make such an order, which could
be entered as a civil judgment against him. He specifically
waives the opportunity afforded him by Judiciary Law §
90(6-a)(f) to be heard in opposition thereto.
Grievance Committee recommends that the Court grant the
respondent's application for resignation.
as the respondent's application to resign complies with
the requirements of former 22 NYCRR 691.9, the application is
granted, effective immediately, the respondent is disbarred,
and his name is stricken from the roll of attorneys and
counselors-at-law. On the Court's own motion, the
disciplinary proceeding authorized by decision and order on
motion of this Court dated August 19, 2016, is discontinued
in light of the respondent's disbarment.
P.J., RIVERA, DILLON, BALKIN and MALTESE, JJ., concur.
that the application of John E. Campbell, a suspended
attorney, to resign as an attorney and counselor-at-law is
granted; and it is further, ORDERED that pursuant to
Judiciary Law § 90, effective immediately, John E.
Campbell, a suspended attorney, is disbarred, and his name is
stricken from the roll of attorneys and counselors-at-law;
and it is further, ORDERED that John E. Campbell, a suspended
attorney, shall continue to comply with this Court's
rules governing the conduct of disbarred and suspended
attorneys (see 22 NYCRR 1240.15); and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective
immediately, John E. Campbell, a suspended attorney, shall
continue to desist and refrain from (1) practicing law in any
form, either as principal or as agent, clerk, or employee of
another, (2) appearing as an attorney or counselor-at-law
before any court, Judge, Justice, board, commission, or other
public authority, (3) giving to another an opinion as to the
law or its application or any advice in relation thereto, and
(4) holding himself out in any way as an attorney and
counselor-at-law; and it is further, ORDERED that if John E.
Campbell, a suspended attorney, has been issued a secure pass
by the Office of Court Administration, it shall ...