Matter of Rollyn Gueco Malig

Summary

The New York Appellate Division, First Department granted a joint motion for discipline by consent and publicly censured Rollyn Gueco Malig. The discipline arose from her misdemeanor criminal contempt conviction in Pennsylvania for violating an order of protection, together with her failure to timely report the conviction to the Attorney Grievance Committee. The court considered the absence of threats or malice, her cooperation and remorse, and other mitigating factors.

Holdings

1. The parties' joint motion for discipline by consent was granted because the required stipulation, respondent's affidavit, and aggravating and mitigating factors were submitted and respondent consented to the agreed discipline.
2. Public censure was an appropriate sanction for respondent's misconduct involving violation of an order of protection and failure to report the criminal conviction, in light of the lack of threats or malice, respondent's remorse and cooperation, absence of disciplinary history, and the identified aggravating factor.

Questions Presented

1. Whether the parties' joint motion for discipline by consent should be granted under 22 NYCRR 1240.8(a)(5).
2. Whether public censure was an appropriate sanction for respondent's admitted misconduct, considering the absence of threats or malice, aggravating factors, and mitigating factors.

Disposition

other