Summary
This Appellate Division, Second Department order addresses a grievance committee motion to confirm a special referee’s report recommending public censure for attorney John J. Halton. The respondent faced disciplinary action following two separate convictions for driving while intoxicated and aggravated driving while intoxicated in state courts. After reviewing the record, including the respondent’s completion of sentencing terms, sobriety treatment, and lack of prior disciplinary history, the court granted the motion and imposed a sanction of public censure.
Topics
Practice areas
Questions Presented
- Whether the Grievance Committee's motion to confirm the Special Referee's report should be granted and the respondent publicly censured.
Holdings
- The motion is granted and the respondent is publicly censured for his convictions of aggravated driving while intoxicated and driving while intoxicated.
Key quotations
“In view of the evidence adduced, the Grievance Committee's motion to confirm the Special Referee's report is granted. Under the totality of the circumstances, including evidence that the respondent completed the terms of his sentencing, engaged in therapy, has remained sober, and has secured rewarding non-legal employment, the respondent is publicly censured for the unlawful conduct that resulted in his convictions of aggravated driving while intoxicated and driving while intoxicated (see Matter of Lovell, 232 AD3d 64; Matter of Battaglia, 177 AD3d 16).” (-)
Factual background
John J. Halton, an attorney, was convicted of aggravated driving while intoxicated in August 2021 and of driving while intoxicated in February 2022. He served incarceration, license revocations, fines, and completed treatment. He later failed to file a record of convictions timely but submitted mitigation evidence at a disciplinary hearing.
Procedural history
The Grievance Committee filed a motion to confirm the Special Referee's report recommending public discipline. The Appellate Division considered the motion and the record and granted it.