the underlying disciplinary proceeding is unacceptable. For example, we have ordered
interim suspensions where the offense is serious, although the risk of recurrence is
slight, because the attorney intends to resign from the practice of law (Matter of
Kressner, 72 AD3d 112 [1st Dept 2010]). Another consideration, related to the
seriousness factor, is whether the underlying misconduct is likely to result in a
substantial sanction at the conclusion of the formal disciplinary hearing proceeding. We
adopt this factor in reliance on sister state authority on the same issue (see Tapp v
Ligon, 2013 Ark 259, 428 SW3d 492 [2013] [interim suspension likened to a
preliminary injunction; substantial likelihood that significant sanction would be
imposed]; In re Discipline of Trujillo, 24 P3d 972 [Utah 2001] [substantial likelihood,
based on all the available evidence, that a significant sanction will be imposed on the
attorney at the conclusion of any pending disciplinary proceeding]).
Consideration of these factors in this case leads us to conclude that the AGC has
made a showing of an immediate threat to the public, justifying respondent’s interim
suspension. We find that there is evidence of continuing misconduct, the underlying
offense is incredibly serious, and the uncontroverted misconduct in itself will likely
result in substantial permanent sanctions at the conclusion of these disciplinary
proceedings.
Respondent argues that there is no immediate threat of future harm, because he
has and will continue to exercise personal discipline to forbear from discussing these
matters in public anymore. He also claims that because legal matters following the 2020
election have concluded, he will no longer be making any statements about the election
under the authority of being an attorney.
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