Beware Of Erections Lasting More Than Four Hours

The New Jersey Supreme Court agreed that a three-month suspension proposed by the Disciplinary Review Board was appropriate for an attorney’s series of incidents of lewdness/public masturbation

The Point Pleasant Beach incident

On June 26, 2007, respondent pleaded guilty in Point Pleasant Beach Municipal Court to municipal ordinance 3-21, prohibiting “Nudity, Indecent or Lewd Dress and Exposure,” for which he was fined a total of $339 with costs.

From the police report

This officer observed a white male subject sitting at the corner of the bar in front of the dance area of the bar with his hand down his shorts and appeared to be masturbating. This officer observed him staring at a group of woman [sic] dancing on the dance floor as he did this. This officer also observed a couple of male bar patrons look at what this subject was doing and appeared alarmed, moving away from him. This officer also observed this subject take his hand out of ~his shorts when someone appeared to notice what he was doing, then put his hand back when the person moved away.

This officer approached this subject and requested to speak to him outside the main bar area. This officer spoke to this subject, who identified himself as Todd C. Sicklinger, in the walkway from the boardwalk to the Tiki Bar. This officer asked Sicklinger if he knew why I wanted to speak with him. He nodded his head stating that he knows that he shouldn’t have been masturbating in public like he was. He stated that he is going through a divorce and wanted to relieve some tension. Sicklinger apologized for his actions and asked if he could be given a warning.

A second incident involved lewdness charges at Connolly Station

At sentencing, respondent admitted that, on May 24, 2008, while at a Belmar restaurant and bar known as Connolly Station, he drank “a lot of vodka and a lot of beer” before acting “in an inappropriate manner which offended the people” around him. Respondent’s defense counsel characterized respondent’s action as “terribly inappropriate.” The sentencing judge declined to “go into specifics but . . . [respondent has] represented . . . it won’t happen again.”

Charges as a result

Within the jurisdiction of this court, perform a flagrantly lewd and offensive act by gratifying the sexual desire of defendant or any other person, knowing or reasonably expecting that the act was likely to be observed by a nonconsenting person who would be affronted or alarmed, specifically by grabbing his penis through his pants and starting to masturbate while on the dance floor at Connolly Station.

And

respondent appeared in Bradley Beach Municipal Court and pleaded guilty to the disorderly persons charge of lewdness…

This officer observed a male subject later identified as Todd Sicklinger walking south through the Quick Check lot. This officer observed Sicklinger’s right hand to be down the front of his pants and his hand to be stroking his penis as he was walking through the lot. Sicklinger then entered Quick Chek while masturbating. Sicklinger quickly exited the store and began walking east on Park Place Avenue. This officer then stopped Sicklinger at the 500 block of Park Place, for the observed violation. This officer asked for his identification and asked Mr. Sicklinger to have a seat on the curb. Mr. Sicklinger then yelled “[F***] You I will fight you now.” This officer advised Mr. Sicklinger to relax and to keep his voice down. This Officer then observed that Mr. Sicklinger’s penis was still erect.

When two additional policemen arrived as backup, respondent began yelling “[F***] you guys, you are all fat” and, after removing his shirt, “squared off” against them. He continued to challenge them to fight, yelling “Let’s go all three of you, I will [f***] you up.” Respondent was then placed under arrest for disorderly conduct and escorted to the patrol vehicle. The officers had difficulty securing respondent in the rear of the vehicle, as he refused to sit and attempted to kick them.

At Lake Como

On November 24, 2015, respondent pleaded guilty in Lake Como Municipal Court to “doing a lewd/offensive act,” in violation of N.J.S.A. 2C:14-4a and was sentenced to two years of probation…

Within the jurisdiction of this court, perform [sic] a flagrantly lewd and offensive act by exposing his genitals for the purpose of arousing or gratifying the sexual desire of defendant or any other person, knowing or reasonably expecting that the act was likely to be observed by a nonconsenting person who would be affronted or alarmed, specifically by masturbating in front of 3 female subjects in the parking lot of Bar Anticipation.

The board

Here, we determine to assess the sanction for respondent’s misconduct solely on the 2010 Bradley Beach lewdness conviction for masturbating in a Quick Chek parking lot. We considered the remaining three matters as aggravating factors, as follows.

The Lake Como lewdness conviction occurred in 2015, long after respondent’s New Jersey license to practice law already had been revoked. The Point Pleasant Beach and Belmar Borouqh incidents did not constitute criminal convictions. Because these matters involved violations of local ordinances, they cannot serve as a basis for imposing a sanction in a motion for final discipline.

We consider, however, in aggravation, that respondent has engaged in a pattern of inappropriate sexual behavior, as demonstrated by the Lake Como, Point Pleasant Beach, and Belmar Borouqh matters…

 The four incidents here span a period of eight years, the last one occurring as recently as last summer. For respondent’s years-long pattern of inappropriate sexual conduct, and based on respondent’s seeming indifference to the seriousness of his actions, we determine that a three-month suspension is warranted.

Finally, we are mindful that the sanction imposed on respondent will not become effective unless and until heis reinstated to practice law in New Jersey. Nevertheless, should respondent ever seek reinstatement, we require him to provide proof of both sobriety and fitness to practice law, as attested by a mental health professional approved by the OAE.

Member Gallipoli voted for a one-year suspension with the above conditions. Member Singer voted to censure respondent, with the above conditions. Vice-Chair Baugh and Member Zmirich did not participate.

(Mike Frisch)