Part 1 · Discipline of Members of the Bar

Rule 1:20-11. Temporary Suspension

Amended January 31, 1995 (current) Contains Deadlines

(a) Standard An attorney may be subject to immediate temporary suspension by the Supreme Court if it finds that by reason of a violation of the Rules of Professional Conduct, caselaw or other authority, or a disability as defined by R. 1:20-12, the attorney poses a substantial threat of serious harm to an attorney, a client or the public. An attorney may also be immediately temporarily suspended as otherwise authorized by these rules.

(b) Procedure A temporary suspension proceeding shall be initiated by the Director which shall:

(1) transmit the evidence to the Court by motion for immediate temporary suspension with supporting affidavit, together with proof of service; and

(2) contemporaneously make a reasonable attempt to provide the respondent with notice, including telephone notice, of the transmittal of the motion to the Court.

(c) Order On review of the evidence transmitted by the Director and of rebuttal evidence, if any, which the respondent has filed prior to the Court's ruling, the Court may enter an order immediately suspending the respondent pending final disposition of a disciplinary proceeding or may take such other action as it deems appropriate.

(d) Notice to Clients A respondent suspended pursuant to paragraph (b) shall comply with the notice requirements in R. 1:20-20.

(e) Motion for Reinstatement On two days notice to the Director, a respondent suspended pursuant to paragraph (b) may move for reinstatement or modification of the order of suspension, and in that event the motion shall be heard and determined as expeditiously as the ends of justice require.

(f) Recommendation by Disciplinary Review Board The Supreme Court may also order the temporary suspension of any attorney where so recommended by the Disciplinary Review Board in accordance with R. 1:20-15(i) and (k).