Marshall Abraham Wexler, a New York attorney, has been suspended from practicing law after failing to comply with a court order requiring a mental health evaluation. The Appellate Division of the Supreme Court of the State of New York issued the suspension on June 16, 2026, following a motion from the Attorney Grievance Committee (AGC). This decision impacts Wexler's ability to practice law and highlights the importance of compliance with court orders in disciplinary proceedings.
The court's ruling comes after a series of communications between Wexler and the AGC regarding the evaluation. Wexler was ordered to undergo the evaluation by a board-certified psychiatrist after the court found sufficient grounds for concern about his mental health. His failure to attend the scheduled evaluation has led to immediate disciplinary action.
Background
The case involves Marshall Abraham Wexler, who was admitted to the New York Bar on February 27, 2019. The AGC initiated disciplinary proceedings against him due to concerns regarding his mental health and professional conduct. The AGC filed a motion on April 8, 2026, seeking Wexler's suspension after he failed to appear for a mental health evaluation ordered by the court on October 24, 2025.
Wexler's noncompliance with the court's order raised serious concerns about his fitness to practice law. The AGC had previously warned him about the potential consequences of not attending the evaluation, which included disciplinary measures. Despite these warnings, Wexler continued to engage in obstructive communications and did not appear for the evaluation on January 13, 2026.
The Ruling
The court ruled in favor of the AGC's motion for Wexler's immediate suspension. The judges involved in the decision included Hon. Barbara R. Kapnick, Martin Shulman, Julio Rodriguez III, Bahaati E. Pitt-Burke, John R. Higgitt, and Jorge Dopico. The court stated, "The record demonstrates respondent's steadfast refusal to comply with this Court's October 24, 2025 order directing him to submit to a mental health evaluation."
The court emphasized that Wexler's failure to cooperate with the evaluation process justified the suspension. The ruling noted that Wexler had been advised of the requirement to attend the evaluation and the potential disciplinary consequences of his noncompliance. The court concluded that the AGC had met its burden under the relevant regulations, leading to Wexler's suspension from the practice of law.
Impact
This ruling has significant implications for Wexler's legal career. He is now prohibited from practicing law in any capacity until further notice from the court. The suspension serves as a reminder to attorneys of the importance of adhering to court orders, especially regarding mental health evaluations that can impact their ability to practice law.
Furthermore, this case may set a precedent for how similar cases are handled in the future. It underscores the court's commitment to ensuring that attorneys maintain their mental fitness to practice law. The ruling also highlights the role of the AGC in monitoring attorney conduct and taking necessary action when concerns arise.
What's Next
Wexler has the option to appeal the suspension. He may submit a written request for a post-suspension hearing within 20 days of the service of the order. This hearing could provide him an opportunity to contest the suspension and present any mitigating factors regarding his compliance with the court's orders.