In the Matter of Andrew F. Capoccia, an Attorney, Committee on Professional Standards, Third Judicial Department

Summary

The Court held that the proper standard of proof in attorney disciplinary proceedings is a fair preponderance of the evidence and that a written waiver of confidentiality by the attorney obligates the court to hold the hearings open to the public unless good cause is shown to close them. Accordingly, the Appellate Division's order was reversed and the matter remanded for further proceedings.