Disbarred attorney gets extension

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An Albany attorney who was disbarred last year following allegations of misconduct apologized in court Thursday for not showing up to multiple court summons with the tax documents requested of him.

John J. Kelleher appeared Thursday before U.S. District Court Judge David Hurd, who had previously found him in contempt and issued an order for his arrest two weeks ago.

Kelleher was disbarred in December 2011 after an appeals court found him to have failed to respond to allegations that in 2007 he deposited a client’s settlement checks into his business account.

The former attorney has made a habit out of failing to respond.

The Internal Revenue Service served him with a summons on July 7, 2011 to appear two weeks later with tax information for the tax year ending Dec. 31, 2010. He never appeared, officials report.

In January, Kelleher was ordered again to comply with the IRS summons. His March 23 deadline to respond was extended to April 30, but he still failed to comply by that date.

Judge Hurd signed an order to compel compliance and directed him to appear in court May 14 with the requested documents. He didn’t appear and he didn’t provide all of the documents.

Hurd issued another order Aug. 9, directing him to appear in court Sept. 6. When he failed to appear, Hurd held him in contempt and ordered his arrest.

Kelleher voluntarily showed up to court Thursday, apologizing to Hurd and the U.S. Attorney’s Office and admitted his actions were disrespectful.

Hurd ordered him to comply with the IRS summons by Oct. 25. If he fails to do so, he will pay a $100 fine per day until he does.

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