The Appellate Division of the Supreme Court of the State of New York has disbarred attorney James Matthew Kernan due to serious misconduct, including unauthorized practice of law and a felony conviction. This ruling, issued on May 1, 2026, marks a significant consequence for Kernan, who has faced multiple disciplinary actions throughout his legal career.
The decision affects Kernan's ability to practice law in New York and serves as a warning to other attorneys about the repercussions of unethical behavior. The court's ruling emphasizes the importance of maintaining professional standards within the legal community.
Background
James Matthew Kernan was admitted to practice law in New York on February 22, 1977. Over the years, he has faced various disciplinary actions, culminating in the recent decision by the Appellate Division. The Grievance Committee of the Fifth Judicial District filed a petition against Kernan, leading to his interim suspension in February 2026.
The dispute centers around Kernan's conduct in federal courts. In 2024 and 2025, he faced disciplinary actions from the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. These actions were based on Kernan's unauthorized filing of cases and false statements regarding his admission status in those courts.
The Ruling
The Appellate Division ruled to disbar Kernan, stating, "respondent's submissions to this Court in response to the show cause order fail to raise any factor that would preclude the imposition of reciprocal discipline based on the aforementioned federal court orders." The court considered Kernan's past disciplinary history, including a five-year suspension in 2010 for employing a convicted felon in the insurance business.
In its opinion, the court noted that Kernan's unauthorized practice of law was described as "inadvertent and caused by confusion regarding his admission status." However, the court found that this did not excuse his actions. The judges involved in the ruling were Curran, Bannister, Montour, and Hannah.
Impact
The disbarment of James Matthew Kernan serves as a significant precedent in New York's legal community. It highlights the consequences of unethical behavior and reinforces the standards attorneys must uphold. This ruling may influence how future cases of attorney misconduct are handled, particularly regarding reciprocal discipline based on actions taken in other jurisdictions.
As a result of this ruling, Kernan is permanently barred from practicing law in New York. This decision not only affects Kernan's career but also sends a clear message to other legal professionals about the importance of adhering to ethical guidelines and the serious ramifications of failing to do so.
What's Next
Details were not available in the court filing regarding any potential appeals. It remains unclear if Kernan will seek to challenge the disbarment or if there are related cases pending that could further impact his legal standing.