In Re Boylan

744 A.2d 158, 162 N.J. 289, 2000 N.J. LEXIS 15
CourtSupreme Court of New Jersey
DecidedJanuary 28, 2000
StatusPublished
Cited by2 cases

This text of 744 A.2d 158 (In Re Boylan) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Boylan, 744 A.2d 158, 162 N.J. 289, 2000 N.J. LEXIS 15 (N.J. 2000).

Opinion

PER CURIAM.

This attorney disciplinary proceeding arises from a motion for final discipline, based upon a criminal conviction, filed by the Office of Attorney Ethics (OAE) before the Disciplinary Review Board (DRB) pursuant to Rule 1:20-13(c). The DRB concurred in the OAE recommendation that James F. Boylan (respondent) be disbarred from the practice of law. The motion was based on respondent’s guilty plea in federal court to one count of mail fraud in violation of 18 U.S.C.A § 1343. In ethical proceedings, the conviction of a criminal offense conclusively es tablishes guilt of the offense charged. In re Lunetta, 118 N.J. 443, 445, 572 A.2d 586 (1989) (citing R. 1:20-6(b)(1)). In assessing the measure of discipline to be imposed, we may consider background facts and circumstances. In re Spina, 121 N.J. 378, 389, 580 A.2d 262 (1990). We draw those background facts and circumstances from presentenee reports, plea agreements, and other reliable documentation surrounding the conviction.

*292 I.

From the record in this case we discern the following facts. The respondent was admitted to the bar in 1988. From 1994 to 1997, respondent served as Jersey City Municipal Court Judge presiding over cases involving motor vehicle violations. In his federal sentencing proceedings, respondent acknowledged that he engaged in a scheme to defraud the City of Jersey City of money and property by reducing traffic violation fines and penalties for female defendants, coaching the defendants to lie in open court about the circumstances of their tickets and using these false statements as a factual basis to justify reductions in their fines and penalties. He acknowledged that he solicited sexual favors from these defendants and that the City of Jersey City had lost over $10,000 in fines and penalties as a result of the scheme. Following his plea of guilty to the use of the mails to perpetrate the fraud, he was sentenced to 30 months in prison and 3 years probation and ordered to make restitution to Jersey City.

II.

In determining the appropriate discipline, we consider the interests of the public, the bar, and the respondent. In re Litwin, 104 N.J. 362, 365, 517 A.2d 378 (1986); In re Mischlich, 60 N.J. 590, 593, 292 A.2d 23 (1972). The appropriate discipline depends on many factors, including the “nature and severity of the crime, whether the crime is related to the practice of law, and any mitigating factors such as respondent’s reputation, his prior trustworthy conduct, and general good conduct.” In re Lunetta, supra, 118 N.J. at 445-46, 572 A.2d 586; In re Kushner, 101 N.J. 397, 400-01, 502 A.2d 32 (1986). Although we do not make an independent examination of the underlying facts to ascertain guilt, we do consider them relevant to the nature and extent of discipline to be imposed. In re Goldberg, 105 N.J. 278, 281, 520 A.2d 1147 (1987); In re Rosen, 88 N.J. 1, 3, 438 A.2d 316 (1981).

The goal of disciplinary proceedings is not to punish, but to protect the interests of the public and the bar, mindful of the concerns of the individual involved. In re Infinito, 94 N.J. 50, 57, 462 A.2d 160 (1983); In re Mischlich, supra, 60 N.J. at 593, 292 *293 A.2d 23; In re Pennica, 36 N.J. 401, 418-19, 177 A.2d 721 (1962). We have, however, recognized that “[c]ertain types of ethical violations are, by their very nature, so patently offensive to the elementary standards of a lawyer’s professional duty that they per se warrant disbarment.” In re Conway, 107 N.J. 168, 180, 526 A.2d 658 (1987). There are certain acts by attorneys that so impugn the integrity of the legal system that disbarment is the only appropriate remedy. In re Hughes, 90 N.J. 32, 37, 446 A.2d 1208 (1982); In re Wilson, 81 N.J. 451, 453, 409 A.2d 1153 (1979). These include, for example, any attempt to corrupt the judicial process by an attorney suborning perjury or tampering with witnesses to fix a case, In re Conway, supra, 107 N.J. at 170, 526 A.2d 658, or assisting others in such efforts, In re Rigolosi, 107 N.J. 192, 208, 526 A.2d 670 (1987), or bribing a police officer, In re Hyett, 61 N.J. 518, 537, 296 A.2d 306 (1972), or bribing a public official, In re Tuso, 104 N.J. 59, 64-65, 514 A.2d 1311 (1986), or bribing an I.R.S. agent, In re Hughes, supra, 90 N.J. at 36, 446 A.2d 1208, or by a judge accepting a bribe and not sentencing a defendant according to the law, see In re Coruzzi, 98 N.J. 77, 80, 484 A.2d 667 (1984). “Misconduct of this stripe conclusively renders the wrongdoer unworthy of the profession.” In re Conway, supra, 107 N.J. at 182, 526 A.2d 658.

The Court has consistently subjected attorneys who commit acts of serious misconduct while serving in public office to stringent discipline, normally disbarment. See, e.g., In re Coruzzi, supra, 98 N.J. at 80, 484 A.2d 667. Therefore, it is appropriate to discipline an attorney for conduct as a judge if the conduct itself corrupts the judicial process or evidences a lack of the character and integrity that are necessary in an attorney. Conduct by a judge may require disbarment if that conduct demonstrates such untrustworthiness, dishonesty or lack of integrity that the public must be protected from such a person as a lawyer.

III.

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Bluebook (online)
744 A.2d 158, 162 N.J. 289, 2000 N.J. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-boylan-nj-2000.