A Mother ‘s Forgiveness

A non-practicing attorney has been suspended for three months by the New Jersey Supreme Court as a result of an assault conviction.

The victim was his mother.

From the report of the Disciplinary Review Board

During his allocution before the court, on October 19, 2010, respondent offered a sparse factual basis in support of his guilty plea. Specifically, he admitted that, on May 12, 2010, while in Edison, he attempted to cause significant bodily injury to his mother, Keung Jae Park (Mrs. Park), by forcing her to take a quantity of prescription pills, knowing that he was harming her by doing so. As part of the plea negotiation, respondent agreed to immediately enter a long-term, inpatient drug treatment program pending his sentencing date.

Subsequently, on January 6, 2011, Judge DeVesa held a sentencing hearing. Prior to imposing sentence, Judge DeVesa noted that respondent had committed a very serious and violent assault against his mother, which included a threat to kill her. Thus, the judge denied respondent’s appeal from the State’s adverse PTI determination. In determining the appropriate sentence to be imposed, Judge DeVesa recited a specific need to deter respondent. Nevertheless, he found that respondent’s crime had been “triggered by a use of Controlled Dangerous Substances as well as a failure to really have proper treatment for some mental health issues.” Moreover, the judge acknowledged, as a mitigating factor, the absence of any criminal history. Thus, in accordance with the terms of the plea agreement, Judge DeVesa sentenced respondent to five years of non-custodial probation and ordered him to submit to an updated mental health evaluation, to complete the inpatient drug treatment program, and to take any medication prescribed for him.

The Office of Attorney Ethics had sought a six-month suspension

Standing alone, the nature of respondent’s violent behavior in this matter and the terror inflicted on the victim would warrant a lengthy suspension. Although respondent’s criminal behavior was undoubtedly linked to his mental health and substance abuse issues, it was more egregious than the violent behavior in the censure cases cited by respondent and by the OAE in its summary…

Over five years have passed since respondent assaulted his mother, as they share a home. She has apparently forgiven him. Finally, respondent has no disciplinary history.

No interim suspension was imposed for the conviction. (MIke Frisch)