Before Suspension There Is Censure

A censure was recently imposed by the New Jersey Supreme Court.

The Disciplinary Review Board had recommended the sanction, noting the state of normative discipline in the Garden State

We now turn to the appropriate discipline for respondent’s violations of RPC 1.15(a), RPC 1.15(d), RPC 8.1(a), and RPC 8.4(c). Recordkeeping irregularities ordinarily are met with an admonition…

Knowingly making a false statement of material fact ordinarily requires a reprimand [editors note: really?]…

Generally, the discipline imposed in matters involving misrepresentations to ethics authorities ranges from a reprimand to a term of suspension, depending on the gravity of the offense, the presence of other unethical conduct, and aggravating or mitigating factors..

Here, although the special master relied on Katsios in recommending a term of suspension, respondent lacked the intent to deceive the OAE with the falsified bank records, rendering his conduct less egregious. Nevertheless, respondent’s  misconduct was serious and protracted. In mitigation, respondent has been practicing for more than forty years and has no history of discipline. In aggravation, respondent pretends to accept responsibility for his misconduct, yet continues to blame everyone but himself for how the violations occurred and for misconduct that properly should be laid at his feet. After balancing the aggravating and mitigating factors, we determine to impose a censure.

(Mike Frisch)