Saturday, January 31, 2015

Confidentiality provisions of New York Judiciary Law 90(10) - a shield for prosecuted attorneys or a sword for disciplinary prosecutors


To many people it is quite straight-forward that in any disciplinary proceedings involving occupational licensing secrecy protects the prosecuted licensee.

The reason for privacy laws is that in the event the disciplinary proceeding turns out in the licensee's favor, the licensee's business and reputation can by that time suffer irreparable harm simply because of public exposure of proceedings.

So.

Privacy and confidentiality laws in disciplinary proceedings against occupational licensees are to protect the licensees.

Right?

I have a law license.  Practicing law is my occupation.  I am an occupational licensee.

The court tells me that I may not waive my own privacy without my protection.

The disciplinary prosecutor wants to have the court put me in jail because I allegedly waived my privacy in those proceedings without the court's protection.

We will put you in jail to protect your own privacy, damn you....

Thank you, the State of New York.  Your concern about my privacy is beyond endearing.

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