Summary
This Appellate Division, Third Department order addresses attorney disciplinary proceedings against Kenneth John Chesebro following his guilty plea to a Georgia felony for conspiring to file false documents related to the 2020 presidential election. After a referee hearing considered mitigating and aggravating factors, including Chesebro’s role in drafting legal frameworks for alternate electors and his failure to report his conviction and suspensions to various bars, the court rejected the referee’s recommendation to delay final discipline. The court concluded that Chesebro’s conviction constituted a serious crime under Judiciary Law § 90(4)(d) and that his conduct undermined the administration of justice and constitutional democracy. Consequently, the court ordered his immediate disbarment and stricken name from the roll of attorneys in New York.
Topics
Questions Presented
- Whether Chesebro's conviction constitutes a "serious crime" under Judiciary Law § 90(4)(d) warranting disbarment
- Whether disbarment is the appropriate sanction for his conduct
Holdings
- The court held that Chesebro's conviction for conspiracy to file false documents is a serious crime within the meaning of Judiciary Law § 90(4)(d).
- The court held that disbarment is the proper sanction for Chesebro's conviction of a serious crime.
Key quotations
“We conclude that respondent should be disbarred based on his conviction of a serious crime.”
Factual background
Kenneth John Chesebro, a New York attorney, pleaded guilty in October 2023 to a Georgia felony of conspiracy to file false documents arising from a scheme to submit false 2020 election results. He assisted the Trump campaign with alternate‑elector strategies, authored memoranda, and provided draft certificates to the campaign in multiple states.
Procedural history
The AGC moved to strike or suspend Chesebro for a felony conviction; the Division partially granted the motion on Oct. 31, 2024 (see 231 AD3d 1473). After a referee report, the Division now orders disbarment.