The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
A state appellate court has suspended Rudolph Giuliani's license to practice law in the state of New York. From the decision:
we conclude that there is uncontroverted evidence that respondent communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump's failed effort at reelection in 2020. These false statements were made to improperly bolster respondent's narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client. We conclude that respondent's conduct immediately threatens the public interest and warrants interim suspension from the practice of law, pending further proceedings before the Attorney Grievance Committee (sometimes AGC or Committee).
In addition to detailing multiple instances of misconduct by Giuliani, the opinion explains why suspension is warranted, and rejects Giuliani's contrary arguments.
the AGC has made a showing of an immediate threat to the public, justifying respondent's interim suspension. We find that there is evidence of continuing misconduct, the underlying offense is incredibly serious, and the uncontroverted misconduct in itself will likely result in substantial permanent sanctions at the conclusion of these disciplinary proceedings.
Giuliani's attorneys offered this response (from the New York Times):
Mr. Giuliani's lawyers, John Leventhal and Barry Kamins, said in a statement that they were disappointed that the panel took action before holding a hearing on the allegations.
"This is unprecedented as we believe that our client does not pose a present danger to the public interest," they said. "We believe that once the issues are fully explored at a hearing, Mr. Giuliani will be reinstated as a valued member of the legal profession that he has served so well in his many capacities for so many years."