In re Higgins

Petitioner moves to confirm a referee’s report which sustained a charge of professional misconduct against respondent, an attorney admitted to practice in this department on July 11, 1972. Respondent, who maintains a law office in Kingston, New York, cross-moves to confirm that part of the report finding substantial mitigating circumstances and to disaffirm that part sustaining the charge.

Respondent was charged with professional misconduct, in violation of DR 1-102 (A) (3), (5) and (6) of the Code of Professional Responsibility, stemming from his arrest on a felony charge of criminal…