Narrative Opinion Summary
In the Matter of Anna Lushchinsky, the Appellate Division, Second Department, dealt with the disciplinary proceedings of an attorney following her conviction for menacing in the second degree, a class A misdemeanor. The proceedings were initiated by a motion requiring Lushchinsky to justify why she should not face suspension, censure, or disbarment due to her criminal record. Lushchinsky was arrested twice in 2018, leading to multiple charges, including assault and menacing. After pleading guilty to menacing, she was sentenced to probation and community service, and a six-year order of protection was issued. A Special Referee found that Lushchinsky did not provide adequate justification against disciplinary measures, noting her lack of remorse and failure to report her conviction. The court confirmed the findings, citing her disrespectful conduct during proceedings as further evidence of her unfitness. Consequently, Lushchinsky was suspended from practicing law for three years, effective September 16, 2022, with reinstatement possible after March 16, 2025, contingent on compliance with conduct rules and requirements during the suspension period.
Legal Issues Addressed
Attorney Discipline for Criminal Convictionsubscribe to see similar legal issues
Application: The court applied the principle of attorney discipline following a criminal conviction by assessing the respondent's failure to show cause against suspension, censure, or disbarment.
Reasoning: After a prehearing conference and a hearing, a Special Referee concluded that Lushchinsky failed to show sufficient cause against disciplinary action.
Behavior During Disciplinary Proceedingssubscribe to see similar legal issues
Application: Disrespectful behavior during disciplinary proceedings was noted by the court as indicative of the respondent's lack of remorse, impacting the disciplinary outcome.
Reasoning: During a virtual prehearing conference on July 8, 2021, the respondent displayed disrespectful behavior, interrupted the Grievance Committee’s counsel, and denied her conviction.
Conviction and Sentencing Considerations in Disciplinary Proceedingssubscribe to see similar legal issues
Application: The respondent's conviction for menacing in the second degree led to a sentence of probation and community service, which was considered in deciding the appropriate disciplinary action.
Reasoning: On November 20, 2019, the respondent, Anna Lushchinsky... was sentenced on January 22, 2020, to two years of probation, 15 days of community service, a one-day anger management program, and various fees totaling $250.
Failure to Report Conviction as Aggravating Factorsubscribe to see similar legal issues
Application: The respondent's failure to report her conviction as required by law was considered an aggravating factor in determining her suspension.
Reasoning: The Special Referee noted her lack of remorse and failure to report her conviction as required by law.