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Senate bill · S9129 (2025-26)

Directs the chief administrator of the courts to develop and implement a random audit compliance program to conduct periodic financial audits of law firms; and…

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Directs the chief administrator of the courts to develop and implement a random audit compliance program to conduct periodic financial audits of law firms; and provides for funding of the program

The heading above is this same sentence with its legal opening removed. No words were added, changed or reordered.

Latest action May 18, 2026

New York State Senate

Same as A10145, the matching bill in the Assembly.

Sponsor

Siela Bynoe

State Senator, District 6 · Democratic

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Summary

Directs the chief administrator of the courts to develop and implement a random audit compliance program to conduct periodic financial audits of law firms that engage in the private practice and create and manage escrow trust accounts in the state in order to ensure proper handling of IOLTA accounts; provides for the funding of the random audit compliance program.

Summary from NY Open Legislation. How we handle summaries

Amends the Judiciary Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 20, 2026. About our data

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Purpose, from the sponsor's memo

The purpose of this bill is to establish "The Random Audit Compliance Program". Preserving identity of funds and property of others; fiduciary responsibility; commingling and misappropriation of client funds or property; maintenance of bank accounts; record keeping; examination of records. This program has three main purposes. Education. The central purpose of the program is to educate New York attorneys on the proper method of compliance with the record-keeping and ethical responsibilities under Court Rule 1.15(d) and Rule of Profes- sional Conduct 1.15. Deterrence. Just knowing that there is an active auditing program is an incentive to keep good records and to avoid temptation to misuse trust funds. Detection of misappropriation. The random selection process will help the state uncover lawyer theft. These cases will be investigated and prosecuted in accordance with the rules, regulations, and procedures of the respective Judicial Department where the suspected violation or violations had taken place.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

The sponsor's argument

Why Siela Bynoe says this is needed

In 2025, a former real estate attorney was sentenced to up to ten and a half years in prison for stealing a combined total of $1,791,600 collec- tively from 32 of his clients, between March 2021 and November 2024. He committed these thefts by withholding sale proceeds or down payment funds from those individuals. Cases such as that one are not a new occurrence. A recent report released by Newsday found that since New York State established the "Lawyers' Fund for Client Protection" in 1982, more than $112 million in stolen escrow money had been reimbursed by the fund, to the victims of such a crime. According to a 2025 report produced by the New York City Bar, New York faces an upward trend in trust violations, with the Lawyers' Fund paying out 94 awards totaling $11.6 million in 2024-a 31% increase in the number of awards and a 90% increase in payouts from the previous year. The New York City Bar continued that in 2024, real property escrow loss- es accounted for $9.9 million in awards, while theft of settlement proceeds accounted for another $415,476.In comparison, New Jersey (with about one-fifth of the number of attorneys as New York) paid $1.1 million in client protection awards over a 12-month period. Since 1981, The Supreme Court of New Jersey has operated their own program for random audits of attorney trust and business account records to determine compliance with New Jersey's recordkeeping rule, R 1:21-6, and ethics rule RPC 1.15 ("Safekeeping Property"). Since New Jersey began this program, several other states have taken up similar legisla- tion.These being: California, Connecticut, Delaware, Iowa, Kansas, North Carolina, Vermont, and Washington State. Some examples of these states that have proven this program to be successful. New Jersey has completed over 18,000 audits since first enacting the program in 1981. Only 4.5% of these audits referred for discipline due to the nature of the violation. Connecticut saw a drastic improvement in compliance rates, with the percentage of audits requiring no corrective action increasing from 14% in 2017 to 30% in 2024.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 18, 2026

    Reported out of committee

    REPORTED REFERRED TO WAYS AND MEANS

    NY Assembly

  2. Apr 13, 2026

    Amend and Recommit to Judiciary

    AMEND AND RECOMMIT TO JUDICIARY

    NY Assembly

  3. Apr 10, 2026

    Amend and Recommit to Judiciary

    AMEND AND RECOMMIT TO JUDICIARY

    NY Senate

  4. Feb 26, 2026

    Amend and Recommit to Judiciary

    AMEND AND RECOMMIT TO JUDICIARY

    NY Senate

  5. Feb 25, 2026

    Amend and Recommit to Judiciary

    AMEND AND RECOMMIT TO JUDICIARY

    NY Assembly

Show full history (2 earlier events)
  1. Feb 12, 2026

    Referred to committee

    REFERRED TO JUDICIARY

    NY Assembly

  2. Feb 5, 2026

    Referred to committee

    REFERRED TO JUDICIARY

    NY Senate