I learnt it today when I inquired whether I could join the NYSBA to attend their CLE program.
When I was making the inquiry, I sort of predicted the answer.
Yet, I wanted to have the NYSBA answer up-front, at least for purposes of informing the public, including other attorneys who read this blog, members or would-be members of NYSBA, of the principles of the NYSBA (or, rather, lack thereof) reflected in their by-laws.
Even though I am a suspended attorney, I still have the duty of doing my required hours of Continued Legal Education.
First, the NYSBA website turned me down and would not allow me to register online.
I called the number, was re-routed from one person to another, and then the ultimate person told me that, because I am a suspended attorney, I cannot be a member of NYSBA.
My argument that I am still an attorney, not disbarred, only suspended, and that I still have my duty of CLE, did not gain me any ground.
They said - do the CLE, with us, but for money, not as a member, for free.
I asked for their policy about that.
NYSBA sent it to me, here it is:
So, the bylaws of NYSBA is that they only allow as their members "attorneys in good standing".
That means, even if the orders of suspension or disbarment are void on their face as unconstitutional, they are assumed by NYSBA as valid without looking at them.
Like NYSBA did in my case - where I was suspended for criticizing a judge in motions to recuse (a 1st Amendment violation, Reed v Town of Gilbert, 576 U.S. __ (2015), and where the court suspended me because I did not express remorse BEFORE the court made a decision on liability - a pre-judgment and a violation of due process making such a decision void on its face and a nullity.
The bylaws of NYSBA treat such issues of unconstitutionality of disciplinary decisions against attorneys, their own supposed brothers and sisters in arms, easily.
NYSBA simply assumes that the government is right in stripping an attorney of his/her livelihood - and distance from that attorney.
NOBODY precludes NYSBA from accepting as members suspended attorneys.
It would actually help suspended attorneys, stripped of their livelihood, to obtain Continued Legal Education at a reduced rate - and will help their "rehabilitation" if they really did something wrong.
No.
NYSBA wouldn't fight for you, dear members, if your livelihood is unlawfully taken by the government, and won't help you, even with CLEs.
They will not help you to "rehabilitate" either - they will simply distance from you like you have the plague, even though you are perfectly right in what you are doing.
Association with you, if the government is against you, is dangerous for NYSBA's image and image is all that NYSBA cares for.
Remember that when you are considering whether to join this organization.
As soon as you commit a "taboo" misstep - criticize a judge for misconduct - you will be cast out.
As to NYSBA, they lost my business and my money.
I wanted to pay the membership fee - they don't want my money, because they are afraid for their image if they protect attorneys who are unconstitutionally stripped of their living. Good for them.
I will certainly not pay a non-member fee for NYSBA CLEs.
I will certainly not pay a membership fee should my license be restored.
If NYSBA does not have my back, when I am unlawfully targeted by the government, there is no reason to join such an association.
As to CLEs, there is plenty to be found elsewhere.
Like, for example, here, at a cheaper rate - which I am gladly advertising.
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