22 NYS Lawyers File Ethics Complaint Against Rep. Zeldin

Twenty-two NYS lawyers, primarily constituents, have filed a complaint against Rep. Lee Zeldin, which is copied below.

January 22, 2021
Attorney Grievance Committee for the
Supreme Court, Appellate Division
Third Judicial Department
286 Washington Ave. Extension
Suite 200
Albany, NY 12203-6320

To Whom It May Concern:

We write you today to file a complaint against Representative Lee M. Zeldin (New York Attorney Reg. No. 4195053), who was admitted to the practice of law in the Appellate Division, Third Department. Rep. Zeldin has engaged in serious professional misconduct and violated the most fundamental ethics rules, including participating in frivolous litigation, making false statements regarding the presidential election, and committing, arguably, a criminal act that reflects on his trustworthiness. We request your office initiate an immediate investigation of his actions and consider sanctions for his conduct up to and including revocation of Rep. Zeldin’s license to practice law in New York.

Pursuant to Rule 3.1(a) of the Rules of Professional Conduct, “a lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.”(1) Yet, Rep. Zeldin joined an amicus brief in support of a Texas lawsuit (2) (ultimately dismissed by the U.S. Supreme Court) that sought to invalidate the electoral results in four battleground states won by Joseph Biden. He did so despite the fact that numerous courts in eight different states, (3) including the Third Circuit Court of Appeals, had already dismissed such meritless claims. (4)

Rep. Zeldin’s participation in the Texas case was not only frivolous but constituted professional misconduct under Rule 8.4(c). By perpetuating the lie that there had been widespread voter fraud, an allegation for which there was no evidence, and which even the president’s attorneys were compelled to withdraw for lack of proof, Rep. Zeldin engaged in “conduct involving dishonesty, fraud, deceit or misrepresentation.”(5)

Rep. Zeldin’s dishonest conduct was not limited to the filing of the amicus brief referred to above. In the absence of any evidence of systemic malfeasance or fraud, he made public statements questioning the results of the presidential election and has spent weeks undermining confidence in the credibility and integrity of our election process. For example, he refused to acknowledge that Joseph Biden was the president-elect(6) and implied that it was “a massive, destructive lie”(7) to claim there was no evidence of voter fraud. On another occasion, he made the demonstrably false statement that “election laws and state constitutions were blatantly ignored . . . to tilt an election in a different direction.”(8) Such dishonesty evinces a blatant disrespect for the judicial system—if not an outright rejection of the legitimacy of the courts—and a flagrant disregard for the interests of his constituents, whom he confused and misled.

Despite the Electoral College’s ratification of the presidential election results, Rep. Zeldin continued to question them without proof and on the afternoon of Jan. 6 announced on Twitter that he would formally object to the Electoral College’s determination.(9) By doing so, Rep. Zeldin not only engaged in dishonest conduct, but also contributed to the incitement of the Jan. 6 insurrection in which a violent mob attacked the U.S. Capitol in an effort to overturn the results of the presidential election. The assault led to five deaths and the desecration of one of the most important symbols of our democracy. Rep. Zeldin’s conduct was potentially a criminal act that “adversely reflects on [his] honesty, trustworthiness [and] fitness as a lawyer.”(10)

Even after the bloodshed and terror at the Capitol, Rep. Zeldin again asserted his baseless objections to the election results. He took to the floor of the House of Representatives, and in a speech riddled with misinformation and misrepresentations,(11) challenged the results of the Arizona and Pennsylvania elections, which Joseph Biden won by .3% (12) and 1.7%13 respectively. Disregarding the will of the people, Rep. Zeldin sought to disenfranchise tens of millions of voters, which is particularly egregious conduct for an attorney who has been elected to high office and sworn an oath to uphold the constitution.

The New York Bar must send a powerful message to the public that the legal profession is committed to the defense of our democratic institutions and will not tolerate the conduct of attorneys who seek to subvert the will of the people, undermine our elections, and recklessly contribute to the incitement of violence. If Rep. Zeldin is not disciplined for his misconduct, the public may assume that lawyers—even those elected to high office—can’t be trusted with the responsibility of upholding the constitution, protecting the public’s fundamental interest in democracy, and promoting the truth. By asserting frivolous claims and engaging in conduct involving dishonesty, Rep. Zeldin has clearly violated the Rules of Professional Conduct and should face the severest sanction possible. It would be a major affront to the legal profession and the public that relies on its integrity if Rep. Lee Zeldin’s conduct was left unpunished.

Thank you for your attention to this matter.

____________________________

(1) 22 CRR-NY §1200.3.1(a);
https://govt.westlaw.com/nycrr/Document/I7544f8911a4a11deab58fec8fbeb48b1?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
(2) https://www.washingtonpost.com...
(3) https://www.nbcnews.com/politics/2020-election/trump-s-election-fight-includes-over-30-lawsuits-it-s-%20n1248289
(4) https://www.washingtonpost.com/context/read-the-third-circuit-court-of-appeals-ruling-in-pennsylvania-election/e2bfd645-efb5-4862-8680-ce92c9ccf6e2/
(5) 22 CRR-NY §8.4(c)
(6) https://www.washingtonpost.com/graphics/2020/politics/congress-republicans-trump-election-claims/
(7) https://www.newsday.com/opinion/editorial/lee-zeldin-donald-trump-2020-election-failure-capitol-riots-biden-1.50119986
(8) https://www.newsday.com/news/nation/zeldin-trump-supreme-court-election-1.50089261
(9) https://www.easthamptonstar.com/government/202116/zeldin-house-representatives-protestors-entered-capitol
(10) 22 CRR-NY §1200.8.4(b); see, e.g., 18 U.S.C. § 2101 (2018) (federal
incitement to riot offense); D.C. Code § 22- 1322 (2020) (municipal
incitement to riot offense)
(11) https://sagharborexpress.com/analysis-lee-zeldins-house-floor-speech-on-election-was-deficient-in-facts/
(12) https://apnews.com/article/joe-biden-donald-trump-arizona-phoenix-elections-9638adedbe826b31b5d172ba3a1c7c3a
(13) https://electionreturns.pa.gov/