A New York court has ruled on a significant case concerning the disclosure of attorney disciplinary records. The Appellate Division of the Supreme Court of the State of New York decided on October 22, 2026, regarding a request from the Campaign for Accountability (CfA) to access documents related to the disciplinary proceedings against attorney John A. Sarcone III. This ruling impacts how disciplinary actions against attorneys are handled and the public's right to access information about such proceedings.
The case stems from a grievance filed by CfA, a non-profit organization focused on exposing misconduct in public life. The organization sought to obtain records related to Sarcone's disciplinary action, which arose from a criminal incident he reported in June 2025. The Attorney Grievance Committee (AGC) for the Third Judicial Department investigated the complaint and found sufficient grounds for professional misconduct. However, AGC could not disclose specific details about its findings due to confidentiality laws.
In response to AGC's refusal to provide detailed records, CfA filed a petition seeking an order to divulge all documents related to Sarcone's disciplinary proceedings. The organization argued that it had established good cause for this request and that its First Amendment rights to access public information warranted disclosure. AGC acknowledged that it did not oppose CfA's request for the ultimate disposition of Sarcone's case but resisted the release of internal documents, citing their investigatory nature.
The court's ruling addressed both the request for disclosure and the legal standards governing such requests. The judges noted that Judiciary Law § 90 (10) protects the confidentiality of attorney disciplinary records unless specific conditions are met. The court emphasized that good cause must be shown for any disclosure, especially when the records are deemed private and confidential.
In its decision, the court stated, "We cannot conclude that CfA has established good cause for divulgence under any of the traditional modes of analysis discussed above." The judges also pointed out that while CfA serves a public interest, it lacks the regulatory authority that typically supports disclosure requests in similar cases. They ruled that the confidentiality provisions were primarily designed to protect the reputations of attorneys under investigation.
However, the court recognized CfA's First Amendment rights and noted that a presumptive right of public access to certain government documents exists. The judges found that the AGC's adjudicatory disposition of Sarcone's case fell under this category and granted CfA access to the admonition imposed on Sarcone. The court ordered AGC to provide a copy of this disposition to CfA.
Despite granting partial access, the court denied CfA's request for other internal documents, stating they were investigatory and should remain confidential. The judges explained that the investigatory phase of attorney disciplinary proceedings does not carry the same presumption of public access as the adjudicatory phase.
This ruling sets a precedent for how similar cases may be handled in the future. It highlights the balance between the public's right to access information about attorney misconduct and the need to protect the confidentiality of investigations. The decision may encourage other organizations to pursue similar requests for disclosure while also clarifying the limitations of such efforts.
The outcome of this case could influence future disciplinary proceedings and the transparency of attorney conduct in New York. It underscores the importance of accountability in the legal profession while recognizing the complexities involved in maintaining confidentiality during investigations.
Looking ahead, it remains to be seen whether Sarcone or AGC will appeal the decision regarding the disclosure of the internal documents. The case may also prompt further discussions about the confidentiality of attorney disciplinary proceedings and the rights of organizations like CfA to access related information.