New York may not regulate Giuliani (or other lawyers) because law license revocation courts officially merged with prosecution

New York may not regulate Giuliani (or other lawyers) because law license revocation courts officially merged with prosecution

 

 

Tatiana Neroni, J.D.

September 24, 2021

 

 

 

The U.S. Supreme Court has ruled that when a court combines in itself functions of a judge and a prosecutor in the same case, all decisions of such courts are null and void as violating 14^th Amendment of the U.S. Constitution, Due Process Clause[1].

New York law licensing courts have made prosecution in attorney disciplinary cases as an official part of the court as far back as in 1975[2] and continue to do the same until now.

Therefore, all decisions of New York courts imposing attorney discipline – including in Giuliani’s case – are null and void.

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[1] Williams v. Pennsylvania, 579 U.S. ___ (2016).

[2] Anonymous, an Attorney Admitted to Practice in the State of New York v NYC Bar Assn., 515 F.2d 427 (2nd Cir., 1975).