Summary
This Appellate Division order addresses a motion by the Attorney Grievance Committee for the Third Judicial Department to impose discipline on attorney John Clifford Heath following his admitted misconduct in Utah regarding credit repair services that violated federal telemarketing regulations. The court found that while Utah imposed a probationary term, New York rules do not recognize probation as a disciplinary sanction, necessitating an independent assessment of appropriate penalties. Weighing aggravating factors against numerous mitigating circumstances, the court censured the respondent, mandated ten continuing legal education credits in ethics and professionalism, and required ongoing compliance reporting regarding his Utah probation conditions.
Topics
Practice areas
Questions Presented
- Whether the Appellate Division may discipline an attorney for misconduct committed in a foreign jurisdiction under NYCRR 1240.13(c).
- What form of discipline is appropriate under New York law when the foreign jurisdiction imposed only probation.
Holdings
- The Court may discipline the respondent for misconduct committed in a foreign jurisdiction.
- The Court censors the respondent and imposes additional conditions, including CLE credits and reporting requirements, rather than imposing the same probationary discipline.
Key quotations
“"Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.13 (c) permits this Court to discipline a respondent for the misconduct committed in a foreign jurisdiction."” (*1)
Factual background
John Clifford Heath, an attorney, operated a Utah‑based law firm that provided credit‑repair services. The CFPB sued the firm for violations of the Telemarketing Sales Rule. A Utah district court entered a stipulated judgment finding the services violated the TSR and imposed probation and penalties. Utah's Office of Professional Conduct then disciplined Heath with a two‑year probation.
Procedural history
The respondent was disciplined by the Utah courts for violations of the Telemarketing Sales Rule. The Utah disciplinary order was a two‑year probation. The New York Attorney Grievance Committee sought to impose discipline in New York pursuant to NYCRR 1240.13(c).