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HAYES v. NEW YORK ATTORNEY GRIEVANCE COMMITTEE

Docket No. 10-1587-cv.

672 F.3d 158 (2012)

J. Michael HAYES, Esq., Plaintiff-Appellant, v. State of NEW YORK ATTORNEY GRIEVANCE COMMITTEE OF THE EIGHTH JUDICIAL DISTRICT, and Deanne M. Tripi, in her Capacity as Chair of State of New York Attorney Grievance Committee of the Eighth Judicial District, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 5, 2012.

Attorney(s) appearing for the Case

J. Michael Hayes, Esq. , Buffalo, N.Y., pro se.

Simon Heller , Assistant Solicitor General, Office of the N.Y. State Atty. General, New York, N.Y. ( Eric T. Schneiderman , N.Y. State Atty. General, Barbara D. Underwood , Solicitor General, Nancy Spiegel , Senior Asst. Solicitor General, Alison J. Nathan , Special Counsel, New York, N.Y., on the brief), for Defendants-Appellees.

Before: NEWMAN and LYNCH, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns a First Amendment challenge to a New York rule requiring attorneys who identify themselves as certified specialists to make a prescribed disclosure statement. The statement must identify the certifying organization, which must have been approved by the American Bar Association ("ABA"), and must include a disclaimer concerning certification. Plaintiff-Appellant, J. Michael Hayes, Esq., appeals from the July 26, 2004...

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