R. 1:20-15. — Disciplinary Review Board

a. Appointment; Officers. The Supreme Court shall appoint a Disciplinary Review Board consisting of nine members, at least five of whom shall be attorneys of this state and at least three of whom shall not be attorneys. Members shall be appointed for three-year terms and may be reappointed in the Supreme Court’s discretion. No member who has served four full three-year terms shall be eligible for reappointment. The Supreme Court shall annually designate a chair and vice chair of the Disciplinary Review Board from among its members. b. Office of Board Counsel. The Supreme Court shall establish an Office of Board Counsel and shall appoint a counsel who shall be a member of the bar of the State of New Jersey. Neither counsel, assistant counsel nor staff shall be permitted to otherwise engage in the practice of law nor to be otherwise employed except as may be provided by these rules and R. 1:17. Counsel for the Disciplinary Review Board shall have the authority to:

1. provide legal counsel and advice to the Disciplinary Review Board; 2. represent the Disciplinary Review Board before the Supreme Court when so requested by the Court;

3. serve as the secretariat for the Disciplinary Review Board;

4. maintain permanent records of all matters considered by the Disciplinary Review Board;

5. prepare annually, jointly with the Director, a proposed budget for the attorney regulatory and disciplinary system of the state;

6. recommend to the Disciplinary Review Board, for its adoption, subject to approval of the Supreme Court, regulations governing its own administrative procedures; 7. hire and discharge all staff of the Office of Board Counsel consistent with personnel policies of the judiciary and subject to the approval of the Chief Justice; and

8. perform such other duties as may be specifically assigned by the Disciplinary Review Board or the Supreme Court.

c. Quorum; Dissenting Report. Five members of the Disciplinary Review Board shall constitute a quorum and all determinations shall be made by a majority of a quorum, provided however that a determination that discipline be imposed or a recommendation for temporary suspension shall have the concurrence of at least five members of the Disciplinary Review Board who have considered the record and briefs, if any; and provided further that at least three of them were present at any oral argument. Any Disciplinary Review Board member not concurring in a majority decision may file a separate report. d. Regulations. The Disciplinary Review Board may, subject to the prior approval of the Supreme Court, promulgate rules governing proceedings before it.

e. Review of Final Action.

1. Ethics Actions Subject to Review. The Disciplinary Review Board shall review, upon the filing of an ethics appeal by the original grievant or the Director, the following actions taken by an Ethics Committee, a special ethics adjudicator or by the Committee on Attorney Advertising:

i. a determination to dismiss after investigation on the basis that there is no unethical conduct. ii. a determination to dismiss made after hearing on the basis that there has been no unethical conduct.

2. Perfection of Review. The original grievant or the Director may, within 21 days after receipt of notice of the action, file with the Disciplinary Review Board a notice of appeal in the form prescribed by the Disciplinary Review Board and shall serve a copy thereof by regular mail upon the respondent, and, where appropriate, the presenter and the secretary of the Ethics Committee, the Director or the Committee on Attorney Advertising. The notice of appeal shall have attached a complete copy of the investigation report. The secretary of the Ethics Committee or of the Committee on Attorney Advertising or the Director, as appropriate, shall provide the record of its proceedings to the Disciplinary Review Board within ten days after its request. Within 21 days after receipt of the notice of appeal the respondent, the Ethics Committee, the Director, or the Committee on Attorney Advertising, as appropriate, may file a response with the Disciplinary Review Board. 3. Review; Disposition. The review by the Disciplinary Review Board shall be de novo on the record with or without oral argument as it shall in its discretion determine. It shall by written determination affirm, modify, or reverse the action appealed from and may remand the matter for such further proceedings as it may direct. Review by the Disciplinary Review Board of decisions by the Committee on Attorney Advertising shall be limited as set forth in Rule 1:19A- 4(b) and (d).

f. Recommendations for Discipline.

1. Generally. All recommendations for discipline received by the Disciplinary Review Board, except for admonitions and those consent matters that are reviewable only as to the recommended sanction, shall be promptly heard de novo on the record on notice to all parties. Recommendations for discipline filed by the Committee on Attorney Advertising shall be reviewed in accordance with Rule 1:19A-4(f). The Disciplinary Review Board’s review shall include any portion of the charges dismissed by the trier of fact.

2. Procedure; Waiver of Hearing. The notice of Disciplinary Review Board hearing shall contain a briefing schedule for the parties. Within ten days after receipt of that notice, the respondent and the presenter shall enter an appearance with the Office of Board Counsel. At that time, respondent may agree in writing to proceed on the record and waive oral argument. The waiver shall specify whether or not respondent agrees with the conclusions and recommendation of the trier of fact. Neither the presenter nor assigned ethics counsel may elect to waive oral argument but if respondent has filed a complete waiver, the Disciplinary Review Board may elect to review the matter without argument.

3. Disposition. The Disciplinary Review Board shall render a formal decision including findings of fact and conclusions of law as to each issue presented, and shall make a specific determination as to the appropriate disciplinary sanction, if any, to be imposed, except in those matters in which a reprimand has been recommended and the Disciplinary Review Board determines to impose an admonition. When the Disciplinary Review Board determines to impose an admonition rather than a reprimand, it shall promptly issue a letter in accordance with paragraph (4) of this Rule. The letter shall include a statement of reasons for the Disciplinary Review Board’s conclusion that a lesser sanction is warranted. The Disciplinary Review Board’s disposition shall require respondent to make reimbursement of disciplinary costs in accordance with Rule 1:20-17. The Disciplinary Review Board’s decision shall be promptly filed with the Clerk of the Supreme Court and served on the Director and the parties by regular mail.

4. Admonitions. All post-hearing recommendations for admonitions received by the Disciplinary Review Board shall be considered promptly de novo on the record below on notice to all parties. Admonitions recommended by the Committee on Attorney Advertising shall be reviewed in accordance with Rule 1:19A-4(f). In its discretion the Disciplinary Review Board may direct that the transcript be produced, briefs be filed, or that oral argument be held. Except in minor unethical conduct matters the Disciplinary Review Board, in its discretion, may direct that a panel report recommending an admonition be treated as a recommendation for greater discipline. In that event, all proceedings shall be held in conformance with paragraph (1) above. The Disciplinary Review Board shall have the authority to impose an admonition together with a direction for reimbursement of costs. When the Disciplinary Review Board determines that an admonition should be imposed, including admonition by consent, it shall issue the letter of admonition. When the Disciplinary Review Board determines that no ethics violation has occurred, it shall dismiss the charges. The Disciplinary Review Board’s determination, in letter form, shall be sent promptly to the respondent by certified mail. Copies shall be forwarded by regular mail to the Clerk of the Supreme Court, the Director, the Ethics Committee, the Committee on Attorney Advertising, if applicable, and the original grievant, if any. The Supreme Court may review admonitions in accordance with Rule 1:20-16(b).

g. Consent Matters. On its review of a motion for imposition of discipline by consent pursuant to Rule 1:20-10(b), the Disciplinary Review Board may either grant the motion and accept the recommendation, or deny the motion. If denied, the disciplinary proceeding shall resume as if no motion had been submitted and no such submission shall be evidentiary. h. Constitutional Challenges. Constitutional challenges to the proceedings raised before the trier of fact shall be preserved, without Disciplinary Review Board action, for Supreme Court consideration as a part of its review of the matter on the merits. Interlocutory relief may be sought only in accordance with Rule 1:20-16(f)(1).

i. Temporary Suspension. On receipt of evidence demonstrating that an attorney subject to the disciplinary jurisdiction of this state has committed a violation of the Rules of Professional Conduct, case law or other authority, or is under a disability as herein defined, and poses a substantial threat of serious harm to the public or, where necessary to protect the interests of an attorney, a client or the public, or where otherwise authorized by these rules, the Disciplinary Review Board may, on the motion of the Director, or on its own motion, recommend to the Supreme Court that an attorney be suspended temporarily from practice upon such terms and conditions as it deems appropriate.

j. Imposition of Sanctions. In addition to any other authority granted by these Rules to impose or recommend the imposition of costs incurred in the prosecution of disciplinary proceedings, the Disciplinary Review Board may impose appropriate sanctions, including monetary sanctions as a form of discipline. The Disciplinary Review Board shall limit the imposition of such sanctions to those exceptional circumstances in which other forms of discipline are not appropriate to accomplish the purposes of attorney discipline.

k. Enforcement of Fee Arbitration Committee Determination or Stipulation. When a matter involving a determination by a Fee Committee or a signed Stipulation of Settlement is referred to the Director because of the attorney’s failure to comply within 30 days of receipt of the arbitration determination, or of the date set forth in the stipulation, the Disciplinary Review Board, upon motion of the Director and after affording the attorney an opportunity to be heard, may recommend to the Supreme Court that the attorney be temporarily suspended until compliance with the determination or stipulation. l. Fee Arbitration Appeals. The Disciplinary Review Board shall review an appeal from a determination of a fee arbitration committee in accordance with Rule 1:20A-3(c). m. Exemption from Costs. As an agency of the Supreme Court, the Disciplinary Review Board and any lawfully appointed designee shall be exempt from the payment of any court costs required by rule of law of the State of New Jersey including, but not limited to, the filing or docketing of any document, deposit for costs or service of process.

n. Publication of Disciplinary Dispositions. Decisions of the Disciplinary Review Board shall be published only after entry of a dispositional Supreme Court Order.