New York State Bar Association Disappointed in Ruling That Removes Presumption of Confidentiality in Attorney Discipline
8.3.2026
Taa Grays, president of the New York State Bar Association, issued the following statement in response to the ruling in Civil Rights Corps v. LaSalle:
“The United States Court of Appeals for the 2nd Circuit in Civil Rights Corps v. LaSalle ruled last week that the public has a presumptive, First Amendment right of access to attorney disciplinary hearings. In a case from the Second Department, the court said that the state may not prohibit access to proceedings and records ‘without making specific, on-the-record findings justifying confidentiality.’
“We are disappointed in the decision. As an amicus, we raised the concern that reducing longstanding confidentiality protections may expose attorneys to reputational harm before any finding of misconduct is made. The decision introduces practical challenges for the Grievance Committee by shifting the burden to justify confidentiality in matters that historically remained protected during the investigatory stage. Though we do not have a formal role in attorney discipline, the association stands ready to make sure that confidentiality is safeguarded and public confidence in the administration of justice is maintained.”
