Taxi Driver

The New Jersey Supreme Court imposed a three-month suspension of an attorney admitted in 2010 who was convicted of assault.

The Disciplinary Review Board report described the offense

On the night of the assault, Balde, a taxi driver, was hailed by respondent on the West Side Highway in New York City. He agreed to drive respondent to Jersey City for a $63 fare. Upon arriving in Jersey City, at approximately 10:30 p.m., respondent informed Balde that he had only $9 and asked Balde to drive him to his apartment so that he could obtain additional money. Balde refused to do so and locked the doors in the taxi to prevent respondent from exiting. Respondent, who is approximately 6’5″ tall and 280 pounds, began to kick at a door and window of the vehicle.

Balde then unlocked the doors and respondent exited the taxi and began walking away, pursued by Balde. Respondent grabbed Balde’s face and then struck him in the face with a closed fist. After the police were called, they interviewed Balde, arrested respondent near the scene of the assault, and charged respondent with robbery. As a result of respondent’s assault, Balde sustained lacerations to his forehead and upper lip, his glasses were broken, he had blood on his shirt, and he reported pain in his nose and mouth. He received medical attention at Jersey City Medical Center.

On sanction

The case law examined above illustrates that disciplinary cases involving violent behavior by attorneys requires fact sensitive considerations. Simply put, there has been no typical or “baseline” measure of discipline for these cases and we decline to declare such an inflexible approach. In 1997, Viqqiano warned the bar that “any act of violence committed by an attorney will not be tolerated” and that “[n]othing less than a suspension” would likely be imposed for violent behavior. But for the mitigation addressed above, the violent behavior under scrutiny in this case — the assault of a taxi driver who was seeking the fare for his services — would result in the imposition of a three-month suspension to protect the public and to preserve confidence in the bar. For the reasons expressed above, however, we determine to impose only a censure in this case.

The attorney has no prior discipline. (Mike Frisch)