Referral Fee Draws Reprimand

A reprimand has been imposed by the New Jersey Supreme Court for a criminal conviction described by the Disciplinary Review Board

The facts underlying respondent’s crime are straightforward. From May 2013 to July 2018, respondent served as a Township commissioner. In May 2013, a Township employee spoke to respondent about issues that the employee claimed to be having with certain Township police officers. Respondent referred the employee to a certified civil trial attorney. Eventually, the attorney filed a claim against the Township and its police department and obtained a settlement for the employee. The attorney paid a $7,106 referral fee to respondent, who conceded that the receipt of the referral fee constituted a criminal, improper benefit to a public official.

Sanction

we cannot conclude this to be a case in which respondent sought to leverage his public office to seek or obtain a benefit. In light of the absence of clear and convincing evidence that respondent made the referral in his capacity as commissioner, rather than in his capacity as a private practicing lawyer, and the absence of any evidence that he used his position as commissioner to seek or obtain the referral fee, respondent’s actions do not rise to the level warranting a suspension. To be sure, he should not have referred the employee to any attorney, and certainly should not have accepted the resulting referral fee. However, the record does not clearly and convincingly establish that he abused his office by doing so.

(Mike Frisch)