The Appellate Division of the Supreme Court of the State of New York has reinstated attorney James Brody McMurtry after he was suspended in September 2022. The court's decision, issued on July 16, 2026, allows McMurtry to return to legal practice while also accepting his resignation from the profession. This ruling impacts McMurtry's ability to practice law in New York and sets a precedent for future cases involving attorney reinstatement and resignation.
The case, identified by docket number PM-148-26, arose from a motion filed by McMurtry seeking reinstatement after his suspension. The court's ruling is significant as it not only addresses McMurtry's return to practice but also outlines the conditions under which an attorney may resign from the profession.
The parties involved in this case include the Attorney Grievance Committee for the Third Judicial Department, which acted as the petitioner, and James Brody McMurtry, the respondent. The dispute centered around McMurtry's compliance with the terms of his suspension and his qualifications to practice law. The case reached the Appellate Division after McMurtry filed a motion for reinstatement, arguing that he had fulfilled all necessary requirements to return to legal practice.
In its ruling, the court determined that McMurtry had complied with the order of suspension and demonstrated the requisite character and fitness to practice law. The judges, including Aarons, J.P., Reynolds Fitzgerald, Powers, Mackey, and Corcoran, concurred with the decision. The court stated, “respondent has complied with the order of suspension and the rules of this Court,” and that “it would be in the public interest to reinstate respondent to the practice of law.”
Alongside reinstating McMurtry, the court also accepted his nondisciplinary resignation. This means that while he is allowed to return to practice, he has chosen to step away from the profession voluntarily. The ruling specifies that McMurtry's name will be stricken from the roll of attorneys in New York, effective immediately. The court ordered him to refrain from practicing law in any capacity and to surrender any Attorney Security Pass issued to him within 30 days.
The implications of this ruling are significant for both McMurtry and the legal community. For McMurtry, it marks a new chapter as he steps away from practicing law, allowing him to pursue other opportunities outside the legal field. For the legal community, the case sets a precedent regarding the process of attorney reinstatement and resignation. It highlights the importance of adhering to the rules governing attorney conduct and the potential consequences of failing to do so.
Going forward, this ruling may influence how similar cases are handled in New York and potentially in other jurisdictions. Attorneys facing suspension may look to this case for guidance on the reinstatement process and the possibility of resigning from the profession. It underscores the importance of maintaining compliance with legal standards and the impact of personal decisions on professional standing.
As for what’s next, it is unclear whether McMurtry plans to appeal the court's decision or if he has any related cases pending. Details were not available in the court filing regarding future actions or appeals.