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Professional Conduct: In Re Paul E. Warburgh

U.S. Court of Appeals, Second Circuit

Professional Conduct

Resignation from Court’s Bar

In Re Paul E. Warburgh

Background: By order led in September 2007, the Second Circuit referred attorney Warburgh to the professional conduct committee for investigation of the matters described in that order and preparation of a report on whether he should be subject to disciplinary or other corrective measures. In March 2008, the committee ordered Warburgh to show cause why the committee should not recommend to the court that disciplinary or other corrective action be taken against him. Although Warburgh requested, and received, multiple extensions of time to respond to the committee’s order, he failed to do so. Each of his extension requests was made after the relevant deadline had passed, and he failed to respond to a number of other committee communications.
The committee concluded that there was clear and convincing evidence that Warburgh had engaged in conduct warranting the imposition of discipline. Specifically, the committee found that Warburgh had failed to comply with this court’s scheduling orders, led to respond to this court’s inquiries, and failed to communicate with his clients. The committee further found that Warburgh’s failure to cooperate with the instant investigation constituted both an independent basis for discipline and an aggravating factor. 
The committee was “unaware” of any mitigating factors since Warburgh failed to respond to the charges. However, due to his medical problems, long career and intention of retiring, the committee recommended giving him the option of voluntarily resigning. In an email response to the court, Warburgh stated that he is now retired and he “formally withdr[e]w from the Second Circuit Bar.”

Ruling: The court adopts the committee’s findings of fact and grants Warburgh leave to resign from the court’s bar.

Paul E. Warburgh, pro se