At present, New Jersey is one of only four states that impose the “death penalty” when an attorney is disbarred. It is respectfully urged that disbarment be eliminated and that the strongest discipline that could be imposed would be an “indefinite suspension”—which is presently set forth in New Jersey Court Rule 1:20-15A. In the alternative, it is respectfully urged that the Court establish a procedure where the disbarred attorney could reapply for admission to the Bar upon a passage of a fixed amount of years and under certain conditions.
In 2011, I represented a 35-year-old attorney, John Koufos, in a criminal case. Ultimately, John pled guilty to being responsible for an auto accident in which a young man was badly hurt and to trying to cover up his involvement in the incident. The Disciplinary Review Board, in a 6-2 decision, recommended a three-year suspension for Koufos. The Supreme Court rejected that recommendation in a 4-2 decision and disbarred him. Thus, between the DRB and the Supreme Court, eight members felt Koufos deserved a second chance (including Chief Justice Rabner), and six members believed Koufos should be disbarred.
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