30 August 2021: Analysis - Cuomo Unlikely to Lose License to Practice Law

Law Beat: Can Cuomo's law license be casualty of scandal?

The question has been raised of whether Andrew M. Cuomo's potential conviction on any sexual harassment charges might result in his being stripped of his license to practice law in New York. The following excerpts from this analysis suggests that would be unlikely under New York's current law.

The reason is New York's disciplinary rules for attorneys lack any specific language that makes sexual harassment the type of professional misconduct that can lead to discipline. The court system's Rules of Professional Conduct for lawyers address harassment, but only in terms of discrimination - prompting a New York State Bar Association panel to find the rules flawed....

Law Beat found many attorneys, including lawmakers in both majorities in the Capitol, reluctant to publicly speak about the mere possibility of whether Cuomo could lose his license - or if any attorney could lose their law license for alleged sexual harassment.

Elected officials face the same ethical boundaries as New York's other more than 300,000 lawyers. If convicted of a felony, they automatically are disbarred. But it is not automatic disbarment to be convicted of a misdemeanor, nor is the absence of a criminal charge a sign no discipline will be imposed. Many attorneys face discipline for merely ignoring the committee's attempts to reach them.

Examples in recent years show attorneys have harassed - and physically abused - women in recent years and managed to avoid disbarment, if not suspensions.

The absence of standards for defining abuse or unethical behavior on the part of public officials is a recurring feature in New York's laws. It is as if the public officials are writing the laws to put their interests above those of the public. Or their victims.