What Happens In Atlantic City

An attorney with a diverse record of rior discipline has been suspended for six months and until further order by the New Jersey Supreme Court.

The Disciplinary Review Board reported

On March 17, 2015, an Atlantic County grand jury indicted respondent on two counts of third-degree making terroristic threats against [two men] 

He pleaded guilty to third degree simple assault and received probation

At the plea hearing, respondent testified that, at a time when he was “aggravated and angry,” he approached Creamer in an attempt to put him in fear of bodily injury. Specifically, respondent positioned himself “inches” from Creamer’s face, screamed at him, and stated that he was going to “beat his ass in such a way to make him believe it.” Respondent acknowledged that, based on his threat, Creamer would have understood that respondent’s intent was to inflict serious bodily injury on him. The judge accepted respondent’s plea and found him guilty of the disorderly persons offense.

Sanction

There is no typical or “baseline” measure of discipline in matters involving an attorney’s violent behavior. In re Buckley, 226 N.J. 478 (2016), and In re Goiran, 224 N.J. 446 (2016). Rather, such cases require fact-sensitive analyses. Ibid. To date, in such matters, the Court has imposed either a censure or a three-month suspension.

The DRB recounts the history of physically aggressive New Jersey lawyers.

Such as the Goiran case

The underlying conduct occurred on September 29, 2010, outside of the home of Goiran’s in-laws, where his estranged wife resided, along with the couple’s dog and cat. Ibid.

On the belief that he and his wife had agreed to his possession of their pets, the attorney telephoned his father-in-law and informed him of his intention to pick up the dog. Id. at 2. His father-in-law replied that he would not comply with the request until he had a chance to speak with his daughter, who had gone out for the evening. Ibid. Goiran went to the home anyway, where he engaged in a verbal confrontation with his father-in-law, which escalated to a physical altercation. Ibid.~ The attorney struck and bit his father-in-law as they wrestled to the ground. Ibid.

Here

Respondent has an admonition, two censures, and a pending three-month suspension. His misconduct in some of those matters demonstrated a serious lack of professional boundaries… Respondent’s behavior in this matter demonstrates a lack of boundaries in his personal life as well. Given the disturbing nature of respondent’s underlying conduct in this matter and his disciplinary history, we determine to impose a six-month suspension.

The sanction is consecutive to a three-month suspension for client-related misconduct. (Mike Frisch)