Legal Opinion
In re Capoccia
New York Court of Appeals
Decided July 7, 1983PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The standard of proof for a determination of professional misconduct in an attorney’s disciplinary proceeding is a fair preponderance of the evidence, not clear and convincing evidence. In the absence of good cause shown why a hearing conducted incident to such proceedings should not be open to the public, on a written waiver of confidentiality by the attorney respondent in such proceedings and a request by that attorney that the hearings be open, it is error to deny such request.
*552Disciplinary proceedings were instituted against appellant, an attorney, by petition…
2Cases cited8 opinions
- Addington v. TexasSupreme Court of the United States · 1979
- Fedorenko v. United StatesSupreme Court of the United States · 1981
- Little v. StreaterSupreme Court of the United States · 1981
- In re AttorneyAppellate Division of the Supreme Court of the State of New York · 1916
- In re FarrellAppellate Division of the Supreme Court of the State of New York · 1933
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- In re of DondiNew York Court of Appeals · 1984
- Attorney Grievance Commission v. RichardsonCourt of Appeals of Maryland · 1998
- Attorney Grievance Commission v. SabghirCourt of Appeals of Maryland · 1998
- Johnson Newspaper Corp. v. MelinoNew York Court of Appeals · 1990
- In re von WiegenNew York Court of Appeals · 1984
38 more not listed; retrieve them via the Exa API.