SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB IN THE MATTER OF JOSEPH F. DOYLE AN ATTORNEY AT LAW

Similar documents
Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics. Respondent did not appear, despite proper notice of the hearing.

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB IN THE MATTER OF JOSEPH DeMESQUITA AN ATTORNEY AT LAW

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB IN THE MATTER OF PASCAL P. GALLERANO, AN ATTORNEY AT LAW

Jason D. Saunders appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

publicly reprimanded in 1994 for violations of RPC 1.3, RPC 1.4(a) and RPC 1.5(c) (failure

IN THE MATTER OF DANIEL R. SIEGEL, AN ATTORNEY AT LAW Decision and Recommendation of the Disciplinary Review Board

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a motion for final discipline

Hillary K. Horton appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

Decision. Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Pursuant to R. 1 :20-4(f)(l), the District VA Ethics Committee ("DEC") certified the record

A1 Garcia appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Kathleen Goger appeared on behalf of the District VB Ethics Committee. To the Honorable Chief Justice and Associate Justices of

To the Honorable Chief Justice and Associate Justices of the. This matter was before us on a certification of default filed

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter came before us on a certification of default

Janice L. Richter appeared on behalf of the Office of Attorney Ethics. Respondent waived appearance for oral argument.

.To the Honorable Chief Justice and Associate Justices of. This matter was before us on a disciplinary stipulation

Decision. Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics.

Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics. Lewis P. Sengstacke appeared on behalf of respondent.

Walton W. Kingsbery, III appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Lee A. Gronikowski appeared on behalf of the Office of Attorney Ethics. Respondent waived appearance for oral argument.

Reid A. Adler appeared on behalf of the Office of Attorney Ethics. Marc Allen Futterweit appeared on behalf of respondent.

To the Honorable Chief Justice and Associate Justices of the. This matter was before us on a certification of default filed

SUPREME COURT OF NEW JERSEY D-129 September Term In the Matter of MICHAEL R. IMBRIANI, an Attorney at Law.

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB District Docket No. XI E

1999. The card is signed by "P. Clemmons." The regular mail was not returned.

with a violation of RPC 8.1(b) (failure to cooperate with disciplinary authorities). He was,

Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics.

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

To the Honorable Chief Justice and Associate Justices of the. These matters were before us on certifications of default

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 108,207. In the Matter of CHRISTOPHER Y. MEEK, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

IN THE SUPREME COURT OF FLORIDA (Before A Referee) v. The Florida Bar File No ,674(15D)FFC JAMES HARUTUN BATMASIAN, REPORT OF REFEREE

People v. Bill Condon. 16PDJ050. December 23, 2016.

To the Honorable Chief Justice and Associate Justices of the. a certification of default filed by the District IIIB Ethics

Decision. Richard J. Engelhardt appeared on behalf of the Office of Attorney Ethics.

IN THE SUPREME COURT OF FLORIDA (Before a Referee) [TFB Nos ,980(07B); v ,684(07B)]

FILED October 19, 2012

Melissa Czartoryski appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of. before.

Supreme Court of New Jersey.

Nitza I. B lasini appeared on behalf of the Office of Attorney Ethics.

K. Horton appeared on behalf of the Office of Attorney. To the Honorable Chief Justice and Associate Justices of

mail to respondent s last known office address in Camden, New Jersey. The returned

Timothy J. McNamara appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

People v. David William Beale. 16PDJ066. February 9, 2017.

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a motion for final discipline

SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. ORB

Timothy J. McNamara appeared on behalf of the Office of Attorney Ethics. Bernard K. Freamon appeared on behalf of respondent.

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. I. SUMMARY OF PROCEEDINGS: Pursuant to the undersigned being

Hillary Horton appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

Deborah Fineman appeared on behalf of the District VA Ethics Committee. To the Honorable Chief Justice and Associate Justices of

Nitza Blasini appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

Reid A. Adler appeared on behalf of the Office of Attorney Ethics. Respondent did not appear for oral argument, despite proper notice.

J. Engelhardt appeared on behalf of the Office of. To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

Marc Bressler appeared on behalf of the District VIII Ethics Committee. To the Honorable Chief Justice and Associate Justices of

107 ADOPTED RESOLUTION

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter was before us on a certification of default

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 113,928. In the Matter of ELIZABETH ANNE HUEBEN, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of default

Joseph Glyn appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of the

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

unearned retainers and converted bankruptcy estate funds to her own use.

NO. 01-B-1642 IN RE: CHARLES R. ROWE ATTORNEY DISCIPLINARY PROCEEDINGS

Supreme Court of Florida

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 114,097. In the Matter of TIMOTHY CLARK MEYER, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

Andrea Fonseca-Romen appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

IAlthough respondent indicated that he would appear, after oral argument, he explained that he could not appear because of car trouble.

Horton appeared on behalf of the Office of Attorney. To the Honorable Chief Justice and Associate Justices of

People v. Evanson. 08PDJ082. August 4, Attorney Regulation. Following a default sanctions hearing pursuant to C.R.C.P (b), the Presiding

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. The following attorneys appeared as counsel for the parties:

KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-430 Issued: January 16, 2010

ResPondent was admitted to the New Jersey bar in 1983 and has been in private practice in Lake Hiawatha, Morris County.

SHARON HALL AN ATTORNEY AT LAW IN THE MATTER OF. Decision Default [_R. i:20-4(f)(1)]

IN THE SUPREME COURT OF FLORIDA. No. SC Complainant, The Florida Bar File v. Nos ,011(17B) AMENDED REPORT OF REFEREE

Supreme Court of Florida

Poveromo, 170.N.J. 625 (2002). In that same year, he was reprimanded for failure to

To the Honorable Chief Justice and Associate Justices of. filed by the District VB Ethics Committee ("DEC")', pursuant to

Keith E. Lynott appeared on behalf of the District VA Ethics Committee.

Hillary Horton appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

To the Honorable Chief Justice and Associate Justices of. These matters were before us on certifications of the

To the Honorable Chief Justice and Associate Justices of. These matters came before us on certified records from the

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of default

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of default

Walton W. Kingsbery, III appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

To the Honorable Chief Justice and Associate Justices of the. This matter came before us on a certification of default

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 118,378. In the Matter of LANCE M. HALEY, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

HoeChin Kim appeared on behalf of the Office of Attorney Ethics. David H. Dugan, III appeared on behalf of respondent.

To the Honorable Chief Justice and Associate Justices of. This matter came before us on a certification of default

LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: HILLIARD CHARLES FAZANDE III DOCKET NO. 18-DB-055 REPORT OF HEARING COMMITTEE # 37 INTRODUCTION

James Herman appeared on behalf of the District IV Ethics Committee.

The Florida Bar v. Bruce Edward Committe

SUPREME COURT OF FLORIDA Before a Referee

To the Honorable Chief Justice and Associate Justices of. This matter was before us on a certification of the record

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

) No. SB D RICHARD E. CLARK, ) ) No Respondent. ) ) O P I N I O N REVIEW FROM DISCIPLINARY COMMISSION

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

To the Honorable Chief Justice and Associate Justices of. Two consolidated default matters came before us on

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter was before us on a certification of default

Transcription:

SUPREME COURT OF NEW JERSEY Docket No. DRB 92-366 IN THE MATTER OF JOSEPH F. DOYLE AN ATTORNEY AT LAW Argued: Decided: Richard J. Ethics. November 18, 1992 February 7, 1993 Decision and Recommendation of the Engelhardt appeared on behalf of the Office of Attorney John Tomasello appeared on behalf of respondent. To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey. This matter is before the Board on a Motion for Final Discipline Based Upon a Criminal Conviction filed by the Office of Attorney Ethics ("OAE"). ~.i:20-6(c)(2)(i). Respondent, Joseph F. Doyle, was admitted to the bar of New Jersey in 1965. On April 16, 1992, pursuant to a plea bargain agreement, respondent pled guilty to one count of a federal information charging him with knowingly and willfully failing to file a federal income tax return for the calendar year 1988, in violation of 26 U.S.C.A. S 7203. In calendar year 1988, respondent had a gross income of $81,320 and a taxable income of $61,735. Hence, he owed $21,635 in federal income taxes.

2 On July 23, 1992, respondent was placed on probation for three years. As additional conditions of probation, respondent was required to reside for a period of two months in a community treatment center or a similar residential facility such as a halfway house, to cooperate fully with the Internal Revenue Service by filing all delinquent returns as well as future returns in a timely fashion, and to complete i00 hours of community service. Additionally, a $1,000 fine was imposed. The OAf requests that the Board recommend to the Court that respondent be suspended for a period of six months. CONCLUSION AND RECOMMENDATION A criminal conviction is conclusive evidence of a respondent s guilt in disciplinary proceedings. In re Goldberu, 105 N.J. 278, 280 (1987); In re Tuso, 104 N.J 59, 61 (1981); In re Rosen, 88 N.J. 1,3 (1981). E.1:20-6(c)(1). Therefore, no independent examination of the underlying facts is necessary to ascertain guilt. In re Bricker, 90 N. J. 6, 10 (1982). The only issue to be determined is the quantum of discipline to be imposed. In re Goldberq, su ~_~, at 280. Respondent s criminal conviction clearly and convincingly demonstrates that he has engaged in activity that reflects adversely on his honesty, trustworthiness and fitness as a lawyer, in violation of RPC 8.4 (b).

3 A calculus for discipline, however, even in cases of criminal conviction, must include the nature and severity of the crime, whether the crime was related to the practice of law, and any mitigating factors, such as evidence of the attorney s good reputation and character. In re Kushner, 101 N.J. 397, 400 (1986). In addition, every disciplinary matter is factually different and must be judged on its own merit. In re Infinito, 94 N. J. 50, 57 (1983); In re Alosio, 99 N.J. 84, 89 (1985). The failure to file a federal income tax return is considered a serious dereliction "on the part of any member of the bar, no matter what the excuse..." In re Queenan, 61 N. J. 579, 580 (1972). The Court has repeatedly stated that delinquency of this nature may not be tolerated. In fact, if anything, a lawyer is held to a higher standard than a non-attorney. "A lawyer s training obliges him to be acutely sensitive of the need to fulfill his personal obligations under the federal income tax law." In re Gurnik, 45 N.J. 115, 116 (1965). Moreover, conviction for such a dereliction cannot be "treated as a matter merely for reprimand." I~ re Van Arsdale, 44 N.J. 318, 319 (1965); In re Vieser, 56 N.J. 60, 61 In the past, the Court has uniformly imposed a term of suspension from the practice of law as the appropriate discipline for the willful failure to file a federal income tax return. In re SDritzer, 63 N.J. 532, 533 (1973); In re Queenan, supra.

While the totality of the circumstances of any given case is considered, typically the term of suspensions has been for either a period of six months or one year. Se e, e.u., In re Hall, 117 N.J. 675 (1989); ID re Moore, 103 N.J. 702 (1986); and In re Fa_~_~, 85 N.J. 698 (1981) (one-year suspension); In re Leahev, 118 N.J. 578 (1990); In re Chester, 117 N. J. 360; In re Willis, 114 N. J. 42 (1989); and In re Huuhes, 69 N.J. (1976) (six-month suspension). The majority of these cases involves the delinquent filing of personal tax returns and does not directly involve the practice of law. Furthermore, strong mitigating circumstances are usually present. Se ~e, e.u., recovery from the alcoholism I~ re Willis, supra (remarkable that contributed significantly to attorney s misconduct); In re EsDosito, 96 N.J. 122 (1984) (severe emotional distress from mother s long illness and eventual death); and In re Huqhes, ~ (series of debilitating heart attacks); In those cases that resulted in longer terms of suspension, there have been aggravating circumstances. See, e.u., In re P011ack, 60 N.J. 548, 549 (1972) (membership in the judiciary when the offenses occurred resulted in a two-and one-half-year suspension); In re Maruolis, 55 N.J. 291 (1970) (admission regarding failure to file returns for a period of sixteen years resulted in a three-year suspension); and In re Tuman, 74 N.J. 143 (1977) (engaging in other unethical conduct involving dishonesty, fraud, and deceit resulted in a two-year suspension).

5 In the instant case, the Board gave consideration to several circumstances mitigating respondent s failure to file a federal income tax return. Respondent has practiced law in this jurisdiction for more than twenty-seven years, with an honorable and unblemished record and for sixteen of those years he served as a member of the judiciary in various municipalities in the South Jersey area. Respondent has also served as a prosecutor and public defender subsequent to stepping down from the bench, and has participated in the district fee and ethics district committees. The Board gave further consideration to respondent s personal and family life, including what respondent terms an emotionally draining and financially disastrous divorce in 1982. Moreover, at the time the information was handed down, respondent was undergoing a permanent separation from his second wife, whom he married in 1986. The Board found no aggravating circumstances present. Accordingly, the Board unanimously recommends that respondent be suspended from the practice of law for a period of six months. Two members did not participate. The Board further recommends that respondent be required to reimburse the Ethics Financial Committee for administrative costs. Dated: By: R. Trombadore