When fraud upon the court is mandated by the court...

Normally, an attorney has a duty of due diligence and candor to the forum.


That means that before you bring a claim before the court, you need to conduct a minimum research and investigation to make sure the claim at least is not false.


This is true for both civil and criminal proceedings, but in civil proceedings, unlike criminal, courts can punish an attorney who is bringing false claims before the court, for frivolous conduct and award against the attorney opponent's counsel fees.


Not in attorney disciplinary proceedings in the 4th Department.


Here, a disciplinary prosecutor in a civil case (attorney disciplinary proceedings are claimed to be "civil" proceedings) is mandated by the court, in case proceedings are transferred from another court and from a recused prosecutor, to proceed on the original pleadings "as is", without regard whether such pleadings are fraudulent or not.  22 NYCRR 1000.8(a).


So, in such cases, frivolous conduct of prosecutors is mandated by the court?  In order to protect the public from attorneys prosecuted for frivolous conduct?


Am I missing something or does it appear at least a little crazy to you, too?