New York lawyer sues over private censure, gets publicly censured

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A New York City lawyer sued over a private censure, only to eventually agree to be publicly censured.

David Evan Schorr was privately censured for secretly recording a court hearing during his divorce, the American Bar Association Journal said. He rejected the private censure, which prompted the New York Attorney Grievance Committee to re-open an investigation into him.

Schorr then sued the committee, alleging officials punished him by reopening the investigation.

The suit was tossed out by a federal judge. The decision was affirmed last year by the 2nd US Circuit Court of Appeals at New York, which said that the lawyer had failed to plausibly allege facts showing bad faith.

The Attorney Grievance Committee found that the lawyer violated an ethics rule that bars conduct prejudicial to the administration of justice, based on the 2nd Circuit’s findings.

The committee and Schorr then jointly moved for the public censure.