Matter of Holtzman, 78 N.Y.2d 184 (1991)

An attorney can be disciplined for publicly releasing a false accusation of judicial misconduct, even if the attorney did not act with “constitutional malice,” because such conduct adversely reflects on the attorney’s fitness to practice law and undermines public confidence in the judicial system.

Summary

This case concerns the disciplinary action taken against Elizabeth Holtzman, then District Attorney of Kings County, for publicly releasing a letter accusing Judge Irving Levine of judicial misconduct. The Grievance Committee issued a Letter of Reprimand, finding Holtzman’s conduct violated the Code of Professional Responsibility. Holtzman challenged this reprimand, arguing the allegations were true and that the disciplinary rule was unconstitutionally vague. The New York Court of Appeals affirmed the Appellate Division’s decision, holding that Holtzman’s conduct, specifically the public dissemination of a false accusation without proper investigation, adversely reflected on her fitness to practice law. The court emphasized the importance of maintaining the integrity of the judicial system and the need for an objective standard of attorney conduct.

Facts

Elizabeth Holtzman, as District Attorney, publicly released a letter accusing Judge Irving Levine of judicial misconduct during a sexual misconduct trial. The letter claimed Judge Levine forced the victim to reenact the assault in the robing room in front of several people. Holtzman’s office issued a