Suspended Suspension For Domestic Violence
The New Jersey Supreme Court has imposed a suspended three-month suspension with a condition of an attorney as recommended by the Disciplinary Review Board, which described the conduct at issue
On March 14, 2024, in the Superior Court of New Jersey, Sussex County, Criminal Division, respondent appeared before the Honorable Robert M. Hanna, J.S.C., and entered a guilty plea to third-degree aggravated assault, in violation of N.J.S.A. 2C:12-1(b)(12). In exchange for his guilty plea, the prosecution agreed to recommend that respondent be admitted to the pretrial intervention (PTI) program for a term of eighteen months.
The facts underlying the criminal offense, which stem from an act of domestic violence, are addressed below. According to the affidavit of probable cause, on October 18, 2023, patrol officers of the Byram Township police department arrived at respondent’s home following the report of a domestic violence incident. The officers, upon arrival, spoke to respondent’s wife, K.E., who stated that respondent was under the influence of Klonopin and was taking more than his prescribed dosage. K.E. alleged that, when she confronted respondent about the Klonopin, he pushed her onto the bed, covering her nose and mouth.
According to the affidavit, K.E. stated that she grabbed at respondent’s face and hair in an attempt to get him off her and to escape. Respondent then wrapped his arm around the front of K.E.’s neck from behind, and “restrict[ed] her ability to breathe where she got scared but did not completely obstruct her ability to breathe.” K.E. eventually was able to escape into the living room while her daughter called the police. The reporting officer observed K.E. to have “a red mark consistent with one arm restricting breathing and blood flow extending all the way around the front of her neck from left to right.”
On March 14, 2024, respondent appeared before Judge Hanna, waived his right to indictment by a grand jury, and entered a guilty plea to third-degree aggravated assault. In support of his plea, respondent admitted being in Byram Township, Sussex County on October 18, 2023. He admitted there was a domestic violence incident that involved K.E. calling the Byram Township police department that same date. Moreover, respondent admitted that those officers reported to his home and that the incident involved him having an argument with his wife, during which he put his arm around her neck and “applied some pressure.” Further, he admitted that, by engaging in the conduct, he had attempted to cause serious bodily injury to K.E.
Respondent did not, however, admit to pushing K.E. onto their bed or to pressing her face into the mattress and restricting her breathing, as had been alleged in the criminal complaint filed against him. Neither the prosecution nor the court required respondent to address those allegations during his plea allocution.
The judge in the criminal case
Judge Hanna stated that he was troubled deeply by the domestic violence, particularly from an attorney, but noted that K.E. was present in the courtroom. The judge further inferred that K.E.’s presence was “supportive of [respondent], which [was] important.
Proposed sanction
On balance, we determine that the compelling mitigating factors outweigh the aggravating factors and conclude that a three-month suspension is the appropriate quantum of discipline necessary to protect the public and to preserve confidence in the bar.
Additionally, we recommend that the term of suspension be suspended, conditioned on respondent’s compliance with PTI during the period of his suspended suspension. As a condition to the discipline, we recommend that respondent be required to report to the OAE his compliance with PTI, on a quarterly basis, until his PTI term is completed. If, during the period of suspension, respondent fails to comply with his PTI, we recommend that, upon the OAE’s filing of a certification with the Court, the court impose a three-month suspension, without further notice.
Respondent was admitted in 2019. (Mike Frisch)