In re Donegan, 282 N.Y. 285 (1940)
For the purposes of automatic disbarment under New York Judiciary Law, the term “felony” only includes federal felonies that are also felonies under New York law, not federal felonies that would only be misdemeanors under New York law.
Summary
An attorney was convicted in federal court of conspiracy to use the mails to defraud, a felony under federal law. New York law, however, generally treats conspiracy as a misdemeanor. The Appellate Division disbarred the attorney, interpreting New York Judiciary Law to require automatic disbarment upon conviction of any federal felony. The New York Court of Appeals reversed, holding that the term “felony” in the Judiciary Law refers only to those federal felonies that would also be felonies under New York law. This interpretation avoids the severe consequence of automatic disbarment for conduct that New York considers a less serious offense. The court emphasized that while disbarment isn’t technically punishment, it carries severe consequences and thus the statute must be strictly construed.
Facts
The appellant, an attorney, was convicted in federal court for conspiracy to use the mails to defraud, a violation of federal law. Under federal law, this crime is classified as a felony. However, under New York law, conspiracy is generally classified as a misdemeanor, unless specific provisions dictate otherwise. The Appellate Division, relying on its interpretation of the Judiciary Law, automatically disbarred the appellant based solely on the federal felony conviction.
Procedural History
The United States District Court for the Southern District of New York convicted the appellant. The United States Circuit Court of Appeals, Second Circuit, affirmed the conviction. The Supreme Court of the United States denied certiorari, and the President of the United States denied a petition for pardon. The Appellate Division of the Supreme Court, First Department, then disbarred the appellant based on the federal conviction. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether the term “felony,” as used in the New York Judiciary Law sections mandating automatic disbarment upon conviction of a felony, includes an offense defined as a felony by federal statute, but which would only be a misdemeanor under New York law.
Holding
No, because the term “felony” in the context of Judiciary Law sections 88 and 477 only includes those federal felonies that are also considered felonies under New York law. Strict construction of the statute requires this interpretation, especially considering the severe consequences of automatic disbarment.
Court’s Reasoning
The court reasoned that the term “felony” lacks a universal definition and varies across jurisdictions. While the Judiciary Law references presidential pardons (suggesting inclusion of some federal crimes), it doesn’t explicitly define “felony.” The court noted that historically, New York courts have interpreted similar statutes (e.g., those concerning witness disqualification and fiduciary appointments) to apply only to crimes classified as felonies under New York law. In Sims v. Sims, the court held that disqualification as a witness only applied to convictions within New York State. The court also emphasized that while disbarment isn’t strictly a punishment, it carries significant consequences akin to punishment, requiring strict construction of the statute. The court stated, “Strict construction of section 88, subdivision 3, and section 477 of the Judiciary Law requires that the term ‘felony’ include only those Federal felonies which are also felonies under the laws of this State, and exclude such Federal felonies as are ‘cognizable by our laws as a misdemeanor or not at all.’” Finally, the court clarified that its decision doesn’t limit the Appellate Division’s discretion to discipline attorneys under other provisions of the Judiciary Law, and that the federal conviction serves as prima facie evidence of guilt.