In the Matter of Monaghan

Attorney Monaghan (defendant) represented a client at depositions conducted by a Department of Labor official, Gail Perry, a Black woman, and repeatedly taunted her over her pronunciation. The Department of Labor sought sanctions in federal district court, where Monaghan kept defending his conduct despite the judge's warning that he could be referred for discipline. After being fined, Monaghan apologized in writing and later stipulated that his conduct violated New York's rule against conduct prejudicial to the administration of justice and against discrimination based on race, sex, and similar categories. A grievance committee ordered his public censure; on appeal, a Special Referee concluded the misconduct was more likely gender-based than race-based and found insufficient evidence to support the committee's order, and Monaghan moved to confirm that report.

Whether race- and gender-based discrimination in the practice of law are prohibited under rules of professional responsibility.