Mourning Dusty

The New Jersey Supreme Court has agreed with its Disciplinary Review Board that a six-month suspension is appropriate for conduct that amounted to witness tampering.

The attorney had been previously reprimanded. The misconduct here involved a failed attempt to induce a witness to give false evidence to undo the reprimand.

The DEC found that respondent’s conduct in this matter “was borne out of a self-serving interest, because Respondent rejected the prior finding that misconduct.” Specifically, instead of filing a petition for review of our decision, as provided in R~ 1:20–16(b), respondent sought to have Hartzell, his former client and friend, sign the April 2011 letter and affidavit that respondent prepared and that contradicted Hartzell’s testimony and documentary evidence that we and the Court found reliable, in reprimanding respondent.

 The DRB considered this submission

Exhibit R-30 is a veterinary bill for the 2012 euthanization of “Dusty,” respondent’s cat, a few days before the DEC hearing below. Although its evidentiary value is limited, we saw no harm in permitting its inclusion in the record to demonstrate that respondent was mourning the loss of his cat, at the time of the DEC hearing.

The District Ethics Committee had proposed a censure. (Mike Frisch)