Rule 1:20-13. Attorneys Charged With or Convicted of Crimes

(a) Reporting Criminal Matters

(1) Duty of Attorney Charged An attorney who has been charged with an indictable offense in this state or with an equivalent offense in any other state, territory, commonwealth, or possession of the United States or in any federal court of the United States or the District of Columbia shall promptly inform the Director of the Office of Attorney Ethics in writing of the charge. The attorney shall thereafter promptly inform the Director of the disposition of the matter.

(2) Cooperation of Law Enforcement The Director may request the principal law enforcement officer of every law enforcement agency having jurisdiction within the State of New Jersey (including municipal and county prosecutors, the Attorney General and the United States Attorney) to promptly notify the Director of the Office of Attorney Ethics of any criminal charge filed against a New Jersey attorney, including all disorderly, petty disorderly or any second or subsequent motor vehicle charges involving the use of drugs or alcohol and to provide relevant information.

(b) Automatic Temporary Suspension

(1) Procedure On the filing with the Supreme Court of the Director's certification that any attorney authorized to practice law in the State of New Jersey has been determined to be guilty (whether sentenced or not) in any court of the United States or the District of Columbia or of any state, territory, commonwealth or possession of the United States of a serious crime as hereinafter defined, the Supreme Court shall enter an order immediately suspending that attorney from the practice of law until final disposition of a disciplinary proceeding to be commenced at the conclusion of the criminal proceeding, whether the determination resulted from a plea of guilty, no contest, or nolo contendere, or from a verdict after trial or otherwise, and regardless of the pendency of any appeal. A copy of the order of suspension shall immediately be served on the attorney. On good cause shown, the Supreme Court may set aside the order when it appears in the interest of justice to do so. Nothing herein shall be construed to preclude the application for a temporary suspension otherwise allowable by court rule, of any attorney determined to be guilty of any other crime.

(2) Serious Crimes Defined The term "serious crime" shall include any crime of the first or second degree as defined by the New Jersey Code of Criminal Justice (N.J.S.A.2C:1-1 et seq.); or any felony of the United States or the District of Columbia or of any state, territory, commonwealth or possession of the United States; or any other crime of this state or of the United States or the District of Columbia or of any state, territory, commonwealth or possession of the United States, a necessary element of which, as determined by the statutory or common law definition of such crime in the jurisdiction where the judgment was entered, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft; or any attempt or a conspiracy or solicitation of another to commit a "serious crime;" or violations involving criminal drug offenses, excluding solely minor possessory offenses.

(3) Reinstatement An attorney suspended under the provisions of paragraph (1) may apply to the Court, on notice to the Director, for reinstatement immediately on the filing of a certificate demonstrating that the underlying conviction of or plea to a serious crime has been reversed. An order of reinstatement will not terminate any disciplinary proceeding then pending against the attorney.

(c) Final Discipline

(1) Conclusive Evidence In any disciplinary proceeding instituted against an attorney based on criminal or quasi-criminal conduct, the conduct shall be deemed to be conclusively established by any of the following: a certified copy of a judgment of conviction, the transcript of a plea of guilty to a crime or disorderly persons offense, whether the plea results either in a judgment of conviction or admission to a diversionary program, a plea of no contest, or nolo contendere, or the transcript of the plea.

(2) Procedure At the conclusion of all criminal matters, including disorderly persons offenses, involving findings or admissions of guilt that are not the subject of a direct appeal, or at the conclusion of all direct appeals from all such matters, the Director may file directly with the Board and serve on the respondent or counsel, if any, a motion for final discipline based on a criminal conviction or admission of guilt specifying the sanction requested. Within 21 days after service of such motion the respondent shall file with the Board and serve on the Director a brief together with any other permissible filings. The Director may within 21 days thereafter file and serve any responding brief. If the respondent either fails to file a timely brief or timely files a brief which does not disagree with the sanction requested, no oral argument is required and the Board may decide the matter on the record. In all other cases the Board shall notify the parties of a date for oral argument. Following oral argument, the Board shall issue its decision and recommendation for final discipline to the Supreme Court. The sole issue to be determined shall be the extent of final discipline to be imposed. The Board and Court may consider any relevant evidence in mitigation that is not inconsistent with the essential elements of the criminal matter for which the attorney was convicted or has admitted guilt as determined by the statute defining the criminal matter. No witnesses shall be allowed and no oral testimony shall be taken; however, both the Board and the Court may consider written materials otherwise allowed by this rule that are submitted to it. Either the Board or the Court, on the showing of good cause therefore or on its own motion, may remand a case to a trier of fact for a limited evidentiary hearing and report consistent with this subsection. Nothing in this rule shall be construed to preclude the Office of Attorney Ethics from filing a complaint and proceeding by hearing where the Director determines that procedure to be appropriate.