New York Standardizes Its Attorney Disciplinary Process

INTRODUCTION

On December 30, 2015, the New York Office of Court Administration announced new rules for attorney discipline to create a “harmonized approach” throughout the state. The revised rules, which will become effective on July 1, 2016, are found in 22 NYCRR part 1240 [PDF version].

The primary purpose of the new rules is to standardize how attorney misconduct is investigated and punished throughout New York State. Under the old rules, which remain in effect until July 1, 2016, attorneys would often face different investigatory procedures and punishments depending on which Appellate Division department was handling the disciplinary investigation.

DESCRIPTION

Under the new rules, panels for each of New York's four Appellate Division departments will continue to investigate alleged attorney misconduct and review recommended sanctions. Furthermore, the Rules of Professional Misconduct found in 22 NYCRR part 1200 [PDF version] will continue to serve as the guide for determining whether specific conduct is permissible. However, the new rules will help ensure that common procedures are used to investigate attorney misconduct throughout the state, and that the punishment doled out for violations is consistent.

In announcing the changes, Chief Judge Jonathan Lippman stated:

“Working to eliminate regional variations and leading to a more effective attorney discipline system over all, the new rules are a vital contribution to the fair administration of justice and the integrity of the legal profession throughout our state.”[1]

Under 22 NYCRR part 1240.7(c), the Chief Attorney investigating allegations of misconduct will be required provide a copy of the pending complaint to the respondent within 60 days of the receipt of the complaint.

22 NYCRR part 1240.11 creates standardized procedures for diverting certain attorneys with impairment stemming from alcohol or substance abuse, or other mental or physical issues, to monitoring programs.

MY THOUGHTS ON THE NEW ATTORNEY DISCIPLINE PROCEDURES

These new rules in 22 NYCRR part 1240 are a positive step in standardizing attorney disciplinary procedures throughout New York. Because all New York attorneys are subject to the same rules of professional conduct, it never made sense, as a matter of policy or fairness, to have different disciplinary procedures and punishments in different parts of New York. It was certainly odd that two attorneys being investigated for the same alleged rule violations would be subject to different investigative procedures, and ultimately, different punishments if the misconduct was ultimately proven. While the changes are promising, it will bear watching the extent to which the new rules actually succeed in creating uniform attorney disciplinary procedures throughout New York.

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1. Mueller, Benjamin, “New York State Standardizes Its Oversight of Lawyers,” New York Times, (Dec. 29, 2015)

RESOURCES AND MATERIALS:

Mueller, Benjamin, “New York State Standardizes Its Oversight of Lawyers,” New York Times, (Dec. 29, 2015), http://www.nytimes.com/2015/12/30/nyregion/new-york-state-standardizes-its-oversight-of-lawyers.html

Stashenko, Joel, “Attorney Discipline to Be 'Harmonized' in July, OCA Says,” New York Law Journal, (Dec. 30, 2015), http://www.newyorklawjournal.com/id=1202745929067/Attorney-Discipline-to-Be-Harmonized-in-July-OCA-Says?slreturn=20151130124500

Lawyer website: http://myattorneyusa.com

DOL Releases H2A Labor Certification Program Statistics for FY 2015

The Department of Labor's Employment and Training Administration released its OFLC H2A statistics from the fourth quarter of FY 2015 (through September 30). The document provides statistics for the H2A Temporary Agricultural Labor Certification Program. It includes statistics for the number of applications received and processed, and the top states, employers, and crops by number of workers certified in FY 2015. You can find the document here.

APPLICATIONS RECEIVED

The DOL received 7,562 applications in FY 2015.

APPLICATIONS PROCESSED

For FY 2015, the DOL made 7,568 total determinations. Of those, 7,192 were certified, 210 were denied, and 163 were withdrawn. 145,874 positions were requested, and 139,832 of those were certified. 97.2% of the applications were processed timely (calculated from the beginning of FY 2014: Q2).

Determination	YTD	Q1	Q2	Q3	Q4
Total Determinations	7,568	1,022	3,407	2,124	1,015
- Certified	7,195	954	3,298	2,011	932
- Denied	210	38	57	64	51
- Withdrawn	163	30	52	49	32
Positions Requested	145,874	22,639	45,480	49,020	28,735
Positions Certified	139,832	21,720	43,740	47,092	27,280
Processed Timely	97.2%	98.3%	96.5%	96.2%	97.5%

TOP STATES

The top three states by worker positions certified were:

1. Florida — 17,942 (13%)
2. North Carolina — 17,696 (13%)
3. Georgia — 14,393 (10%)

Of note, New York came in at eighth place with 5,039 positions certified.

TOP CROPS/OCCUPATIONS

The top three crops by positions certified were:

1. Tobacco — 14,544 (10%)
2. Berries — 12,520 (9%)
3. Apples — 7,507 (5%)

This is a brief overview of the H2A Labor Certification Program statistics. The full document contains additional lists and charts. 

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

DOL Releases H2B Labor Certification Program Statistics for FY 2015

The Department of Labor's Employment and Training Administration released its OFLC H2B statistics from the fourth quarter of FY 2015 (through September 30). The document provides statistics for the H2B Temporary Non-Agricultural Labor Certification Program. It includes statistics for the number of applications received and processed, as well as the top occupations, states, and employers by positions certified. You can find the document here.

NOTES ON THE STATISTICS

The document explains that Q3 performance was impacted by the District Court ruling in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015), which temporarily suspended case processing until March 18, 2015. Q4 performance data is unavailable due to the implementation of new regulations on April 29, 2015.

APPLICATIONS PROCESSED

For FY 2015, the DOL made 6,521 total determinations. Of those, 5,112 were certified, 617 denied, and 792 were withdrawn. 126,138 positions were requested, and 101,765 of those were certified. For the first three quarters, 84.3% of applications were processed timely.

Determinations	YTD	Q1	Q2	Q3	Q4
Total Determinations	6,521	1,585	3,447	987	502
- Certified	5,112	1,341	2,985	437	349
- Denied	617	141	215	194	67
- Withdrawn	792	103	247	356	86
Positions Requested	126,138	33,039	63,478	18,208	11,413
Positions Certified	101,765	29,052	54,808	8,771	9,134
Timely Processing	84.3%	99.0%	91.7%	65.0%	N/A

TOP OCCUPATIONS (BASED ON SOC CODES)

The top three occupations based on SOC Codes were:

1. Landscaping and Groundskeeping Workers — 42,104 (41%)
2. Forest and Conservation Workers — 8,409 (8%)
3. Amusement and Recreation Attendants — 7,060 (7%)

TOP STATES

The top three states were:

1. Texas — 15,956 (16%)
2. Florida — 7,068 (7%)
3. Colorado — 5,322 (5%)

New York came in sixth with 3,525.

This blog post is a brief overview of the H2B Labor Certification Application Program statistics. The full document has additional statistics and charts. 

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

DOL Releases 2015 Labor Condition Program Performance Statistics for H1B

The Department of Labor's Employment and Training Administration released its OFLC H1B statistics from the fourth quarter of FY 2015 (through September 30). The document covers the H1B, H1B1, and E3 Specialty Occupations Labor Condition Programs. It includes statistics for the processing of labor condition applications as well as the top occupations, states, and employers. You can find the document here.

APPLICATIONS RECEIVED

595,046 applications were received by the DOL in FY 2015.

APPLICATIONS PROCESSED

For FY 2015, the DOL made 618,810 total determinations. Of those, 567,055 of those were certified, 10,983 were denied, and 40,772 were withdrawn. 1,233,968 positions were requested and 1,185,686 were certified. 100% of the applications were processed timely.

Determinations	YTD	Q1	Q2	Q3	Q4
Total Determinations	618,810	89,249	292,390	126,247	110,924
- Certified	567,055	77,567	273,762	114,925	100,801
- Denied	10,983	1,761	4,665	2,677	1,880
- Withdrawn	40,772	9,921	13,963	8,645	8,243
Positions Requested	1,233,968	176,069	610,168	231,865	215,866
Positions Certified	1,185,686	169,092	585,676	223,803	207,115
Processing Times	100%	100%	100%	100%	100%

TOP OCCUPATIONS

The top three occupations by worker positions certified were:

1. Computer Systems Analysts — 332,885 (28%)
2. Computer Programmers — 141,180 (12%)
3. Computer Occupations, All Other — 113,221 (9%)

TOP STATES

The top four states by worker positions certified were:

1. California — 208,689 (17%)
2. Texas — 106,745 (9%)
3. New York — 93,560 (8%)
4. New Jersey — 85,602 (7%)

This is a brief overview of the interesting data contained in the H1B labor condition program statistics. The full document is well worth reading to see the complete lists and charts. 

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com