Summary
The First Department granted the Attorney Grievance Committee's motion to immediately suspend Jacqueline M. Hansen Bukowski from practicing law based on medical incapacitation caused by dementia. The court ordered an indefinite suspension under 22 NYCRR 1240.14(b) and stayed related disciplinary investigations or proceedings until further order.
Topics
Practice areas
Questions Presented
- Whether the Attorney Grievance Committee presented sufficient evidence under 22 NYCRR 1240.14(b) to establish that respondent was medically incapacitated from practicing law.
- Whether respondent should be immediately and indefinitely suspended from the practice of law on medical grounds.
- Whether disciplinary investigations or proceedings against respondent should be stayed until further order of the court.
Holdings
- The Attorney Grievance Committee presented sufficient evidence to establish that respondent's medical condition rendered her incapacitated from practicing law.
- Respondent was suspended from the practice of law in New York effective immediately and until further order of the court.
- Any disciplinary investigation or proceeding against respondent was stayed until further order of the court.
Key quotations
“Upon due consideration, the Court concludes that AGC has presented sufficient evidence to show respondent's medical conditions has rendered her incapacitated from practicing law such that an indefinite suspension on medical grounds is warranted” ([*1])
Factual background
Respondent was an attorney admitted to practice in New York and maintained a registered business address in the First Judicial Department. After receiving a complaint alleging neglect of a client matter, the Attorney Grievance Committee made multiple attempts to obtain her response and subpoenaed her for an examination under oath, but she did not respond or appear. Her spouse later reported that respondent suffered from dementia, and her treating physician confirmed the diagnosis and concluded that respondent no longer had the capacity to practice law.
Procedural history
The Attorney Grievance Committee investigated a complaint alleging that respondent neglected a client matter and attempted to obtain her response and examination under oath. Respondent did not respond or appear, and her spouse informed the Committee that respondent had dementia and submitted a treating physician's letter stating that respondent lacked capacity to practice law. The Appellate Division granted the Committee's motion, immediately suspended respondent, and stayed disciplinary investigations or proceedings until further order.