February 15, 2017 Articles

Schoenefeld Seeks SCOTUS Review of Second Circuit's Decision

The federal appeals court had previously upheld New York's nonresident attorney office requirement.

Jacqueline M. Pasek

On December 16, 2016, New Jersey lawyer and resident, Ekaterina Schoenefeld, appearing pro se, filed a petition for a writ of certiorari before the U.S. Supreme Court. Her goal? That the court declare New York Judiciary Law Section 470 unconstitutional under the Privileges and Immunities Clause of the U.S. Constitution.

The law in question states that, "[a] person, regularly admitted to practice as an attorney and counselor, in the courts of record of this state, whose office for the transaction of law business is within the state, may practice as such attorney or counselor, although he resides in an adjoining state." N.Y. Jud Law ยง 470 (2016). Both Schoenefeld's home and office are in New Jersey, and because she does not have a brick-and-mortar New York office, Schoenefeld alleges that section 470 unconstitutionally prohibits her from practicing law in the state. 

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