Locked and Loaded For First Civil Jury Trial

A censure has been imposed by the New Jersey Supreme Court for conduct described in the report and recommendation of the Disciplinary Review Board

This matter represents the second instance, in less than one year, in which an attorney unlawfully has brought a loaded firearm to a courthouse. Considering the need to deter such reckless misconduct to protect the safety of judges, judiciary employees, and members of the public, a majority of the Board determines to recommend that the Court consider issuing prospective guidance to the New Jersey bar that, henceforth, a term of suspension will be the presumptive sanction imposed on attorneys who unlawfully bring loaded firearms to a courthouse.

The undisputed facts showed the following

On the evening of June 16, 2019, respondent was at home cleaning his .38 caliber revolver while preparing for his first civil jury trial, which was scheduled for the next day. Because respondent’s parents, with whom he resided, disapprove of firearms, respondent hid the cleaned handgun in his trial bag before he moved the bag to another room.

On the morning of June 17, 2019, respondent took his trial bag to the Middlesex County Superior Courthouse, where he was scheduled to appear for trial. He failed to remove the handgun from his trial bag before entering the courthouse, despite having had exclusive control of the bag since the night before. Upon entering the courthouse, respondent placed his trial bag through a scanner, which revealed his handgun. Although respondent agreed to allow a  sheriff’s officer to search his bag, he first attempted to search the bag himself to demonstrate that it contained no weapons. However, the officer instructed respondent to step away from the bag and then removed the fully-loaded handgun. Because respondent did not have a permit to carry a handgun, he was arrested and charged with second-degree unlawful possession of a handgun, in violation of N.J.S.A. 2C:39-5(b)(1).

The criminal charges

On July 13, 2021, respondent notified us, via letter, of his guilty plea to unlawful possession of a handgun and his admission to [Pre-Trial Intervention] . On July 15, 2021, the OBC forwarded respondent’s letter to the OAE.

After reviewing New Jersey precedent on guns in the courthouse

Here, we recommend that the Court announce that, in future cases, harsher discipline will result for attorneys who commit firearms offenses under circumstances such as these. This matter represents the second instance, within the span of one year, in which we have addressed an attorney’s unlawful possession of a loaded handgun in a courthouse. Our recommendation is based on the obvious need to deter such reckless misconduct to protect the safety of judges, judiciary employees, and members of the public, who expect to participate in the judicial process without fear of harm. Our recommendation is also based on the recent, tragic event that led to the November 20, 2020 enactment of “Daniel’s Law[,]” P.L. 2020, c.125., which legislation, as publicly noted by Chief Justice Stuart Rabner, had “regrettably [. . .] been necessary.”

Three members voted in favor of a three-month suspension. (Mike Frisch)