In re Payne
707 F.3d 195
| 2d Cir. | 2013Background
- Douglas Payne, an admitted attorney before the Second Circuit, was referred for disciplinary investigation by this Court’s Grievance Panel.
- The Committee concluded Payne engaged in conduct warranting discipline due to scheduling-order defaults, late withdrawals, and deficient briefing in a notable Shao Qin Zheng v. Holder matter.
- Payne’s defaults occurred in roughly 2004–2007 across multiple cases (14 defaults; 9 late withdrawal stipulations), with 2 successful reinstate motions.
- The Committee recommended a public reprimand and at least six hours of CLE in appellate immigration law; Payne contested, seeking private reprimand.
- The Court ultimately publicly reprimanded Payne and imposed a CLE requirement, with ongoing disclosure and posting of the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Default on scheduling orders and impact | Payne | Payne’s failures were inadvertent or client-driven | Public reprimand upheld; defaults found troubling and prejudicial |
| Late stipulations to withdraw | Payne | US Attorney or others filed stipulations; Payne signed them | Public reprimand; violations found and considered prejudicial |
| Defective briefing in Shao Qin Zheng | Payne | Briefing deficiencies; arguments reasonably supported | Defect found; upheld sanctions; some arguments rejected as waived |
| Credibility and demeanor findings on Lin Lin and Zhou cases | Payne | Committee credibility determinations warranted deference | Committee credibility findings and deference upheld; conduct still sanctionable |
Key Cases Cited
- In re Warburgh, 644 F.3d 173 (2d Cir. 2011) (appellate discipline defenses raised late require good cause or waiver constraints)
- In re Yan, 390 F. App’x 18 (2d Cir. 2010) (court requires withdrawal or proper action to avoid dismissal; disciplineollows for neglect)
- In re Zarnel, 619 F.3d 156 (2d Cir. 2010) (panels bound by prior decisions unless overruled; disciplinary review respects prior panels)
- In re Mundie, 453 F. App’x 9 (2d Cir. 2011) (summary order sanctions for attorney misconduct in prior practice)
- In re Spivak, 469 F. App’x 16 (2d Cir. 2012) (summary order public reprimand for scheduling-order failures and related misconduct)