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Matter of Holtzman

78 N.Y.2d 184, 577 N.E.2d 30, 573 N.Y.S.2d 39, cert. denied, 502 U.S. 1009 (1991)

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Matter of Holtzman

Supreme Court of New York

78 N.Y.2d 184, 577 N.E.2d 30, 573 N.Y.S.2d 39, cert. denied, 502 U.S. 1009 (1991)

Facts

While serving as a county district attorney, Holtzman (defendant) publicly released a written statement accusing a criminal court judge of engaging in judicial misconduct during a trial by requiring the alleged victim to physically demonstrate in camera the position she was in while being sexually assaulted. Holtzman released the letter despite being warned against doing so by her own staffers. Holtzman based her accusations on the written memorandum of a newly hired trial assistant. Holtzman did not directly discuss the matter with the trial assistant or any other individual in a position to witness the alleged impropriety. At the time that she released her letter, Holtzman knew that the accused judge had been transferred out of criminal court and that the matter would be investigated by appropriate authorities. Disciplinary proceedings resulted in a determination that Holtzman had violated New York's rules of professional conduct by making false accusations against the judge. The state court of appeals upheld the disciplinary determination. Holtzman petitioned the state supreme court for review.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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