In the third quarter of this year, the New Jersey Supreme Court entered 37 orders involving attorney discipline. Frequently such orders involve matters that have taken substantial time to process, in part, because of the time it takes to prepare and hear cases before voluntary vicinage District Ethics Committee panels. As a result, Rule 1:20-6 permits retired and recall judges and other attorneys with relevant experience and participation in the disciplinary process to act as special ethics masters to hear complex cases, “with the full power and authority of a hearing panel.” Recently the Supreme Court has taken two steps to expedite the processing of disciplinary matters for the protection of the public and to exonerate those who are entitled to dismissal. We believe that those steps warrant the attention and recognition of the bar.

First the court amended Rule 1:20-6(b), effective Sept. 1, 2017, so that special ethics masters who serve pro bono or receive a per diem of only $350 and only for participation in conferences and hearings, may also receive the per diem for opinion-writing up to the number of conference and hearing days in the case. While we believe that the change won't really have great impact on the number of persons who are willing to serve as special ethics masters, it may well move a few more to participate and serve.

The Supreme Court has also authorized the chief justice to assign two recall judges to hear attorney disciplinary matters on a priority basis. One has been assigned to hear matters in the northern part of the state, and one in the south. We trust these assignments will help those who hear complex disciplinary matters to develop an expertise in the area and be available to move the Office of Attorney Ethics docket in complex cases.

We hope and believe that the court and administrative director will provide enough additional resources to the OAE so that there won't be a new source of delay in preparation for the presentation of cases, and believe these steps, while not dramatic, will help improve the attorney disciplinary process.