Attorney Sanctioned in Housing Court for Offensive Speech Directed at Judge

Landlord, represented by an attorney, sued to evict tenant. Tenant was evicted in October 2024 and then filed an Order to Show Cause the same day, seeking restoration to the apartment. The court scheduled argument for the post-eviction OSC on Oct. 23, 2024, at 9:30 a.m. Landlord's attorney didn't appear and the court was about to rule on the OSC at 10:30 when it saw landlord's attorney passing the courtroom and sent the court officer into the hallway to tell the attorney he could still appear. The attorney told the court officer, "You can tell the judge to go fuck himself." The attorney returned to the courtroom 40 minutes later to argue against tenant's OSC. The court scheduled a later hearing as to whether it should impose sanctions on the attorney and refer the matter to the Disciplinary Committee. At the hearing, the attorney apologized, cited unspecified family turmoil for his behavior, and asked the court to excuse him from any sanctions.

The court ruled against the attorney. A Housing Court Civility Committee established in 2017 has noted a lack of decorum by attorneys and others. Sanctions may be imposed as long as the party to be sanctioned is afforded a reasonable opportunity to be heard. The attorney's insult to the court was both baseless and directed at the judge, and therefore sanctionable. The attorney had been previously sanctioned and fined $2,500 in 2007 for behavior in court. And his personal issues were no excuse. "Nearly every dispute heard in Kings County Housing Court involves litigants who are in serious emotional, physical, and/or psychological turmoil." The court ordered the attorney to pay $4,000 to the Lawyer's Fund for Client Protection, and referred the matter to the Attorney Grievance Committee for disciplinary consideration. 

Stanhope Estate LLC v. Dominquez: Index No. LT-313503-24 (Civ. Ct. Kings; 1/10/25; Vendzules, J)