Domestic Violence Merits Suspension

A battery conviction led to a six-month suspension of the New Jersey Supreme Court.

The Disciplinary Review Board described the conduct as best it could under the circumstances.

On August 23, 2016, respondent pleaded no contest in the Superior Court of California, before the Honorable Philip J. Moscone, to a violation of California misdemeanor battery. His attorney, Maximillian John Mizono, waived respondent’s appearance and entered the plea of no contest on respondent’s behalf. Judge Moscone confirmed that Mizono had explained to respondent that a plea of no contest was the functional equivalent of a guilty plea, and that a “finding of guilt” would be rendered.

Mizono stipulated to the facts as articulated in Police Report Number 160-208-744.1. Judge Moscone determined that the police report contained a sufficient factual basis for him to accept respondent’s plea, and found that respondent had been properly advised of his rights, voluntarily and intelligently waived his rights, and assented to permitting Mizono to enter his guilty plea in absentia.

 While the police report is confidential

We note only that, as set forth in the OAE’s brief, and as indicated by the caption of the criminal complaint filed against respondent by the San Francisco District Attorney, respondent’s conviction was based on an incident of domestic violence.

 The DRB noted that suspensions are the norm for domestic violence offenses. (Mike Frisch)