How it works

How lawyer discipline works in the United States

Each state, and the District of Columbia, regulates its own lawyers. Disciplinary staff investigate and prosecute, hearing bodies find facts, and the state's highest court or a court it designates imposes the most serious sanctions.

• Under the ABA Model Rules for Lawyer Disciplinary Enforcement, disbarment is ordered only by the court, which alone can remove a licence.¹
• In California, the State Bar prosecutes, the State Bar Court Hearing Department hears the case, the Review Department considers appeals and the Supreme Court of California issues the final order. The Eastman case followed that path from a 2024 hearing recommendation to a 2026 Supreme Court order.²
• In New York, the Appellate Division of the Supreme Court decides discipline on motions by Attorney Grievance Committees, often after a Referee hears the evidence.^3,4
• New York's Judiciary Law section 90(4) provides for automatic disbarment when a lawyer is convicted of a felony, including a federal crime the court finds equivalent to a New York felony.⁵
• In the District of Columbia, the Board on Professional Responsibility makes a recommendation and the DC Court of Appeals makes the final decision.^6,9
• In Colorado, a Presiding Disciplinary Judge can approve a stipulation agreed between the lawyer and the Office of Attorney Regulation Counsel.⁷
• The ABA Standards say lawyer discipline aims to "protect the public and the administration of justice," and that violations must be shown by clear and convincing evidence.⁸

Sources

1. American Bar Association, Model Rules for Lawyer Disciplinary Enforcement, Rule 10, Sanctions (28 October 2026)
2. State Bar of California, Attorney John Eastman disbarred by California Supreme Court (15 April 2026)
3. New York Appellate Division, First Department, Matter of Giuliani, Case No. 2021-00506 (2 July 2024)
4. New York Appellate Division, Third Department, Matter of Chesebro, 2025 NY Slip Op 03855 (26 June 2025)
5. New York Appellate Division, First Department, Matter of Cohen, 2019 NY Slip Op 01381 (26 February 2019)
6. UPI via Yahoo News, Board recommends White House official Jeffrey Clark be disbarred (1 August 2025)
7. Colorado Supreme Court Office of Attorney Regulation, People v. Ellis, 24PDJ002, Order Approving Stipulation to Discipline (28 May 2024)
8. Michigan Attorney Discipline Board, ABA Standards for Imposing Lawyer Sanctions (28 October 2026)
9. CNN via ABC17 News, Justice Department sues DC's attorney disciplinary authorities for recommending a Trump ally be disbarred (14 May 2026)